HomeMy WebLinkAboutResolutions - 2021.09.02 - 34857BOARD OF COMMISSIONERS
September 2, 2021
MISCELLANEOUS RESOLUTION #21-350
Sponsored By: Penny I,uebs
IN RE: Fiscal Year (FY) 2021 Secondary Road Patrol Grant Application
Chairperson and Members of the Board:
WHEREAS the Oakland County Sheriff's Office (OCSO) is applying for $406,032 in grant funding from the
Michigan Department of State Police (MSP) - Office of Highway Safety Planning (OHSP) from Public Act 416
to conduct secondary road patrol activities for the period October 1, 2021 through September 30, 2022; and
WHEREAS this is 43rd year that the OCSO has applied for Secondary Road Patrol and Traffic Accident
Prevention Program Grant funding; and
WHEREAS the Fiscal Year (FY) grant allocation represents a decrease of $252,078 from last year's funding;
and
WHEREAS the grant application requests full funding for two (2) Special Revenue (SR) full-time eligible
(FTE) Deputy 11 positions (#4030630-02572, and 903114) and one (1) SR FTE Sergeant position (#4030630-
07790) located in the Patrol Services Division; and
WHEREAS the grant application requests partial funding for (1) Special Revenue (SR) full-time eligible (FTE)
Deputy II position (#07501), which will sunset in mid -December; and
WHEREAS unless a secondary allocation is received from MSP OHSP prior to the grant award, the reduction
in funding will result in the deletion of one (1) SR FTE Deputy 11 position (#4030630-14865) as of September
30, 2021; and
WHEREAS no county match is required; and
WHEREAS the grant application has completed the Grant Review Process in accordance with the Grants
Policy approved by the Board at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
submission of the Fiscal Year 2022 Secondary Road Patrol Grant application from the Michigan Department of
State Police - Office of Highway Safety Planning in the amount of $406,032 for the period October 1, 2021
through September 30, 2022.
BE IT FURTHER RESOLVED that the application and acceptance of this grant does not obligate the County
to any future commitment and continuation of the Special Revenue positions are contingent upon future levels
of grant funding.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
do'LL a U k Date: September 15, 2021
Hilarie Chambers, Deputy County Executive II
Date: September 15, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-08-24 Public Health & Safety - recommend and forward to Finance
2021-08-25 Finance - recommend to Board
2021-09-02 Full Board
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner William Miller III to adopt the
attached Grant: Fiscal Year (FY) 2021 Secondary Road Patrol Grant Application.
Yes: David Woodward, Michael Gingell, Robert Hoffman, Michael Spisz, Karen Joliat, Kristen Nelson,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson,
William Miller 111, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray,
Janet Jackson, Penny Luebs (19)
No: None (0)
Abstain: None (0)
Absent: Commissioner Kowall, Commissioner Moss (2)
The Motion Passed.
ATTACHMENTS
1. Grant Review Sign -Off
2. MEMO -Exception to Board Rules Request
3. FY22 Sheriff -Secondary Road Patrol Grant Application REPORT
4. Application & Allocation Form Letter Oakland
5. FY2022 Secondary Road Patrol Application
6. Attachment A - Resolutions
7. Attachment B - Signed Copies of Law Enforcement Contracts
8. Attachment C - Law Enforcement Plan
9. Attachment D - Equipment Inventory
10. +Program Report Due Dates FY22
11. +407 Annual Program Report
12. +406 Semi Annual Report
13. +405 Quarterly Financial Report
14. +403 Contract Adjustment Request
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a hue and
accurate copy of a resolution adopted by the Oakland County Board of Conrinissioners on September 2. 2021,
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 Circuit Court at Pontiac,
Michigan on Thursday, September 2, 2021.
Lisa BroVV17, Oakland County Clerk/ Register of Deeds
Please Note: Pursuant to section IX(H)(1) of the Board Rules, the Chairperson of the Board of Commissioners is
authorized to approve this grant application in excess of $250,000 without firll Board approval for purposes of meeting the
application deadline. Accordingly, a miscellaneous resolution is not required.
GRANT REVIEW SIGN -OFF — Sheriff's Office
GRANT NAME: FY 2022 Secondary Road Patrol Grant
FUNDING AGENCY: Michigan State Police — Office of Highway Safety Planning
DEPARTMENT CONTACT PERSON: Lt. Anthony Spencer / (248) 858-5022
STATUS: Grant Application (Greater than $50,000)
DATE: 08/06/2021
Please be advised the captioned grant materials have completed internal grant review. Below are the returned coumients.
You may now obtain the Board Chair's signature for submittal of the application. Atso, the grant application package
(which should include this sign -off email, an application Report from Fiscal Services to the Chairperson of the Board of
Commissioners, and the grant application with related documentation) may be submitted to the Board of Commissioners
for placement on the agenda(s) of the appropriate Board of Commissioners' committee(s).
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B
No resolution was provided. I have been advised that an exception request went to the HOC for this
grant application in order to meet the required application deadline (therefore a resolution is not
required for the application). -Lynn Sonkiss (8/06/2021)
Human Resources:
Continues four (4) SR FTE positions and deletes one (1) SR FTE position.
Position 403060 t-07501 funded through mid -December, so a sunset date would need to be added for this
position.
HR action will he needed.
Side note: there are currently employees in the position funded through December and the position to be
deleted. Heather Mason (08/04/2021)
Risk Management:
Application approved by Risk Management. — R.E. (08/04/2021)
Corporation Counsel:
Approved by Corp Counsel. — Nicole Tabin (08/05/2021)
INTEROFFICE MEMORANDUM
TO: DAVID WOODWARD, Chairman
FROM: Katie West, Sheriffs Office
SUBJECT: Grant Application Exception to Board Rules
DATE: AUGUST 4, 2021
CC: Penny Luebs, Patti Dib, Barbara Winter, Aaron Snover, Holly Conforti, Tifiruly
Keyes -Bowie, Gaia Par
I would like to formally request a submission deadline exception to the BOC rules for the following grant
application:
Grant Name: FY 2022 Secondary Road Patrol Grant
Grantor Agency: Michigan State Police, Office of Highway Safety Planning
Grant Invitation date: 8/2/2021
Deadline:9/1/2021
Amount: $406,032
Operating Department: Sheriff's Office
Grant Description: P.A. 416 of 1978 as amended established the Secondary Road Patrol and Accident
Prevention Program. Grant funding is requested for Deputies to patrol secondary roads, responds to
citizens' requests, perform traffic law enforcement and accident prevention, including investigating
crashes involving motor vehicles.
Review Status: Application (Greater than $50,000)
Tentative BOC Schedule:
Communication Letter from the Chair to Board: [date]
Application and Report to Chair as a communication item to the Public Health and Safety Committee on
8/24/2021
Thank You,
Katie West
REPORT TO THE CHAIRPERSON, OAKLAND COUNTY BOARD OF COMMISSIONERS
BY Fiscal Services Division
IN RE: SHERIFF'S OFFICE - FY 2022 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT
PREVENTION PROGRAM GRANT APPLICATION
The Fiscal Services Division has reviewed the above referenced grant application and finds:
1) This is the 431d year of grant application with the State of Michigan, Department of State Police.
The grant provides funding through Public Act 416 of 1978 to conduct secondary road patrol
activities.
2) The grant period is October 1, 2021 through September 30, 2022,
3) The county's allocation for FY 2022 is $406,032 with no match required.
4) The application reflects an $84,590 decrease in funding from the previous year's grant award.
5) Application seeks continuation of funding for three (3) Special Revenue (SR) positions within the
Patrol Services division (#4030630) one (1) Sergeant position #07790 and two (2) Deputy II
positions #02572, #03114.
6) Due to the reduction in grant funding, one (1) SR Deputy II position will be deleted from the Patrol
Services division (#4030630 - #14865) and one (1) SR Deputy If position within the Patrol
Services division (#4030630 - #07501) will be partially funded through December 2021 at which
time the position will be deleted if no further SRP funding is available.
7) The submission deadline for this grant application is September 1, 2021.
8) Application and acceptance of this grant does not obligate the county to any future commitment
and continuation of the Special Revenue positions in the grant are contingent upon continued
future levels of grant funding.
C111 OP AIMURN BTLLB
RMLlifl0#
At a regular meeting of the City Council of the City of Auburn Hills,
Oakland County, Michigan, held in the Council Chambers at 1827 H. Squirrel
Road, Auburn Hilla, Michigan 48057 at 700 p.m, on the 8th day of January,
1990
The following resolution was offered by Councilman Shirley and supported
by Councilwoman Sendegas: .
WHEREAS, the State of Michigan provides for funds to the Oakland County
Sheriff's Department for traffic enforcement services to local municipalities
through the Secondary Road Patrol and Traffic Accident Prevention Program
Grant, and
WHEREAS, Oakland County Sheriff Joh., _v, Hicholo offers the service to the
City of Auburn Hills during 1990, and
WHEREAS, the City of Auburn Hills, through its Public Safety Director,
may elect to use such services during 1990,
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of
Auburn Hills requests that the Oakland County Sheriff's Department provide
such traffic services to the City of Auburn Hills if so specifically requested
by its Director of Public Safety.
AYES; Mayor Grusnick, Couneilpersons Douglas, Fisk, McDonald,
Sendegae, Shirley
NAYS: None
ABSENT: Mayor Pro.Tem Smith
ABSTENTIONS; None
RESOLUTION ADOPTED
STATE OF MICHIGAN)
)SS
COUNTY OF OAKLAND)
ID the undersigned, the duly qualified and appointed City Clerk of the
City of Auburn Hills, Oakland County Michigan do hereby certify that the
foregoing is a true and complete copy of a resolution adopted at a regular
meeting of the City Council held on the Sth day of January, 1990, the original
of which is on file in my office,
IN WITNESS WHEREOF, I have hereunto affixed my official signature on this
9th day of January, 1990.
eanuary 25, 1990
Oakland County Sheriff I Aopartutent
1200 North Telegraph
?ontiac, Michigan 48053
Attention: Sgt. Ligenthal
At the &irtningharu City C'oanruistion tneeti❑g held January 15, 1990, the
following rvvYi itJCn "Va; idoptev VW NON 4VH eg{ n
To accept the roport of the City Manager and the Chief of Police; to
request assistance of the Oakland County Sheriff's Department Secondary
Road Patrol and Traffic Accident Prevention Unit 'pursuant to the 415 Gran[
for traffic patrol oA Humor Boul6Yard, Woodward Avenue, Maple Road,
Fourteen Milo Road, Quaflon Road, and Ada= Road,
Sincerely,
5u ith A. Bonn
City Clerk
JS
:c: Birmingham Police Department
A4end4 file - 1/1S/90
41W Came (313)
Cnarrcl lvvr"trtad 644-1800 att o4vr 6*3aU Ugol, Hilli Co rC"rn 647-44ca
Clarb 644-1400 aweq D jo ,xav 64{-3869 PxbziF Sn icu 644-1807
Pq[nto +'e®d, 64440-1 eve Aa.�r.. 646.4454 Spfla144GaffC4af 644-2274
PROVED BY; Councilman Crowner
SUPPORTED HY� GounGiiman Palmer
RESOLVBp{'that tha City Council approve the use
of Oakland G®unty 8hei7iff pepartment for traffic enforcement
and adopting the folloWing Resolution;
RESOLUTION
WHEREAS; The Oakland County sheriff's Department has
a tgi}rdeputy patrol unit available to our
1oGal jurisdiction for use in traffic enforce-
ment;`and
WHEREAS; This unit is funded through the Secondary
Road Patrol. and Traffic Accident Prevention
Program or 414 Grant which is partially funded
through out local taxes; and,
BE IT RESOLVEq; that the Gity Council of the City of Clawson
hereby requQsts',that this patrol unit operate in the City
of C�4w5on,
AYES; Mid411oviogd, Palmer, Airriess and Crowner
NAYS; None
AB.99NT; Iseppl
MOTION CARRIER;
n 7 i
E el
STATE OF MTCHIGAN )
COUNTY OF OAKIANP )
I do herahj certify that the above is a true
COPY Of a RPaclu.tion MQ, passed and adopted by the Council
of the City of Clawson at a regular meeting held in the
Council Chambers,�p2S N, Main St., Clawson, MI on Tuesday,
Auclu.st 7, 1990 at 3100 p,m.
Clinton R. West, ,Ckty Clerk
r
o
RESOLtr�ION '
Upon`'i otion',mad4' byr'. ` . 'Marks and
seconded by sever the following Resolution Was
adopted:
WHEREAS, the Oakland County Sheriff's Department
is State funded through a secondary, Road Patrol and Traffic
Accident Prevention Program Grant.
AND WHEREAS, the Sheriff's Department maintains a
ten Deputy Patrol Unit available for traffia enforcement anywhere
in Oakland County.
AND WHEREAS, the Traffic Enforcement Patrol Unit
is available to local municipalities without cost.
NOW THEREFORE BE. IT RESOLVED, that the City
Council of the City of Farmingtoh'Hills does hereby request the
services of the Oakland .County Sheriff's Department Traffic
Patrol Unit, o May be requested and coordinated by the
Farmington Hills Police Department through.,,the office of the
Chief of Police. ,: i iny, •,:f :nur� 11,'.la�„ s,. :, .,..,.
The following -'aye votes were recorded: 6
The following nay votes were recorded: 0
stats.6f Michigan
County of Oakland
I,-Kathrin A. Dornan, City Clerk of the City of
Farmington Hills, Michigan, do hereby certify that the above is a
true and correct copy of the Resolution relative to the Agreement
rRith the Oakland County Sheriff's Department which Resolution
was adopted by the City, Council of Farmington Hills at a
regular January 15,
(regular or special) meeting held ,
199G,
(KATHRYN A. DORNAN)
CITY CLERK
January 16, 1990
DATE
N .. __L
CITY OF FERNDA.LE
RESOLUTION
RESOLUTION FL,QUESTING SERVICES T21DER SECTION 76(3), 1978 P�l 41E
Motion by Councilman Poole, supported by Councilman Sdzlcic;t,
that the following resolution be adopted:
WHEREAS, Oakland County Sheriff John F. Nichols has notified
Ferndale Police Chief Patrick Sullivan by letter dated Deceabe_ 8,
1989 that as of January 1, 1390 the Oakland County Sheriff's
Department will again be state funded through the Secondary Foa_
Patrol and Traffic Accident prevention Program Grant .a.d t}:a_ z
ten -deputy patrol Unit is available for traffic enforce-=_nZ
anywhere in Oakland County at no cost to local municioalities, and
WHEREAS, 1978 PA 416 [MCLA 51.76(3)] provides in part th_t
upon request, by resolution of the legislative body of a city or
village, the Sheriff's department of the county in which the city
or village is located shall provide the services described in
subsection (2)(a), (c), and (d) on those portions cf county pr_�.arr
roads and county .local roads and state trunklir. highways wltnln
the boundaries of the .city or village, which are designated by the
city or village in the resolution, and
kiTiEREAS, sL'bsectlons (2) (a), (c), and (d) of 1978 P` i16
provide for', (a) patrolling and monitoring traffic "violation=, (c)
Investigating accidents involving motor vehicle:; znd (d) arovidinc
euergency zsSistanGe tQ pErs4ns on or near a highway or road
patrolled and T«oni,tQ;;ed a5 provided by this subsection, -and
wixiEREAS, the resolution required for such assistance, as
adopted by the local legislative body, shh11 not take effect unless
it is approved by the County board of Fommissioners, except that
such a resolution ne�tbWr approved or'disapproved by the county
board of corv11issionerS within 30 days after the resolution is
received by the county board of coTamissioners she l ba consid__ed
epproved by the county board of commissioners, and
WrIEREAS, .1978 PA 416 further provides that the resolution -
,adopted by the legislative body of the city or village
subsection (3) shall be vAid if the city or villece reduces the
number of sworn law enforcement officers employed by the city o-
village below the highest number of sworn law enforcement office-s
employed .by the city or village at any time within the 36 r.on-,ths
immediately prec@ding the adoption, of the resolution, and
kaHEREAS, westbound Eight Hile Road (N-102) and Woodward }_venue
(H-1) are state trunkline highways within the City of Ferndale; and
the highest nuiabez pf Sworn police officers employed by the City
oaf Ferndale at any time within the 36 months immediately preceding
December 18, 1984ia fifty-t#lreer_and the City Council of the City
of Ferndale dc"ires,to request from the Oakland County Hoard of
Ccmmiesioners those 5erviCe4 of the Oakland county Sheriffs
Department that are available under 1978 PA 116 as described abo`te
in this resolution,. wherefore
IT IS RESOLVED, that the legislative body of the City of
Ferndale does hereby zequest of the Oakland County Board of
Commissioners those services of the Oakland County Sheriff's
Department provided in subsections (2)(a), (c), and (d) of Section
76, 1978 PA 416 (MCLA 51.76(2)(a), (c), and (d)], for Westbound
Eight Mile Road (M-JQZ) and for Woodward Avenue (K-1), within the
City limits of the.City of Ferudalo, and
IT IS FURTHER RESOLVED, that the City Clerk of the City of
Ferndale Shall forthwith forward this Resolution, signed and
certified, to the Oakland County Board of Commissioners, and to
Oakland County Shexiff john F, Nichols,
The resalution being put to vote on roll call, Council voted
thereon as follows;
AYES; Councilmen Poole, Waldick, Lennon; Nayor,Gartley,
NAYS: None,
P_BSFNT; Councilman Saunders.
The Mayor th" eupou declared.such resolution edooted_
1, Nalerie E, Kitchen, Clerk of the City of Ferndale, do
hereby 6ertify, that the toregoing is a true and co oared copy of
a resolution duly made and passed by the Ferndale City Council at
a meeting held peaember 15, 1969,
IN WITNESS WHEREOF; I have heseutao
set my hand and affixed the Feel of
the City of Ferndale t' 19th day
of December, 1929, F, D.
/Z�yci rs
32325 F'ni lln'Road," i'ranMln, Michigan 48025
RESOLUTION
Sa-A1
POTION by Trustee Abrams supported by Cooper
RESOLVED; The•Village of Franklin wishes to avail itself
of the State funded Secondary Road Patrol and•Traffic Accident
Prevention Program,served by a ten -deputy patrol unit from
the Oakland Gaunty:Sheriff's Department„ which will be available
to the Yiilage.of Franklin for traffic enforcement at no cost
to the Village,
Resolution unanimously adopted
CERTiFICATTANi
1, 010 duly auihariltad<:YilIage _CI erk of the Village of Franklin, do
hereby aertafy that the foregoing is a true and correct copy of a
Resolution adopted by the Yillage Council at a regular meeting held
the SIN ddy. of Jan1jat1y, i88Q;,
Rdatie G. Shand
Yillage Clerk
9
CITY OF LAM ANGELUS
)QETING OF THE CITY COUNCIL
At a zeQt�nq•of the City Council of the City of Lake
AngelUe bald on aanUdry 81 199p, at City Hall, 45 Gallogly Road,
the following r-esotution was unanimously adopted.
RESOLV4Q, that the City of Lake Angelus
hareby requests the assistance of the
Q�a%land County sherifV a Department pursuant
to the Secondary Road Patrol and Traffic
Accident Prevention.Program in enforcing the
Michigan Xotor.,Vehiole Code on Baldwin Road
within the oity limits of the 'City of. Lake
Angelus,
Francis C. _AcMath, Sayor
j C
MicYrael` •F.--Daniels /
C. Dale DeLorge v
Shirley Z ec)
Dated g January a u . 1999
l..
CITY OF OAK PARK
MICHIGAN
1 .•7..
G�f�Od�9�3=905 RESOLUTION REQUESTING THE OAKLAND COUNTY BOARD OF
'COMMISSIONERS THOSE SERVICES OF THE OAKLAND COUNTY
SHERIFF'S DEPARTWNT FOR TRAFFIC ENFORCEMENT
(TEN -DEPUTY PATROL UNIT)
Hot Ion by CQUpcllman Dema5 supported by CounclIman Abrams:
To adopt the following ro5olutIon;
WHEREAS the Oakland County Sherlff has notl.fled the Director
Of Public Safety of the City of Oak Park that the
Qaklpnd County Sheriff's Department will again be
State -funded through the Secondary Road Patrol and
Traffic Accident Prevention Program Grant to provide
a Ten -Deputy Patrol Unit which will be available for
traffic enforcement anywhere fn Oak Iand County at no
I1` cost to local munlcipallties;
NOW, THEREFORE, the Mayor and City Council of the City of oak Park
does hereby request the Oakland County Board of
CommI5510ners those servlces of the Oakland County
Sheriff's Department for traffic enforcement In the
City of Oak Park and, particularly, on Eight Mlle
Road In the area of Intersections with Coolidge and
Greenfield; Greenfield from Eight to Nine Mlle; Nine
M►19'_and Cooildgej Ten Mile from Greenfield to
Sherman; and Coolidge from Eight to Eleven Mile.
VOTE e }'y95r'} (3)..r No, None Absent (2)
Io Sandra K, 000d,.01 y•Qlerk••of the City of Oak Park, Michigan, do
hereby certify that the foregoing is a true and correct copy of a
aaJO WI lon adopted by the City Council of the City of Oak Park at a
Reggiar C®uncli Meeting of February 19, 1990,
Sandra K, Gadd, City Clerk
r
' I�•11„f, i'v ��1� I ,
I•
el4flj 'p!
i,
ir'r..i 4r ah
"SOLvrION
400 SIXTH STREE—r
R0CHESTER, MICHIGAN -38083
TCLZPHON[ f01-I o01
O"L4" COVt= SNHRIT 'S DEPARTMENT , SECONDARY ROAD PATROL
AND TUTYIC ACCIDENT PREV$NTION PROGRAM GRANT
WHERE", the City of Rochester has been notified -of the Oakland County
Sheriff's Department Sseondary Road ratrol and Traffic Accldent Prevention
Program Grant, ahi911 is a ten (10) deputy patrol unit available for traffic
Onforoem®nt #A7Vhere 14 Oakland County at no cost to local municipalities, and
t1IUJUS, the City 9f Rochester eontinuee to experience increasing
traffic danerated frQ% eVtilds of the coucwinity,
NO% TH"093, 31 IT USOLM, the City Council on behalf of its
residents does herabp request -the 3a9ond4ry Road Patrol and Traffic Accident
Pr®e@ntl®n r4tr91 Unit be available end #*signed to the City of Rochester for
trofflF miat4ace, -. .
bR 17 YURTHBR RSSOLVU , the r911c0 Chief will be responsible for
coordinating the patrol unit vithln the City of Rochester.
h4de and passed this 22nd day of January, 1990.
I, Handy D. Miller, Clark of the City of Rochester, Michigan,' do hereby
cortigg that the foregoing is a true copy of the Resolution passed by the
Roohester'City Caun9ll on the 22nd day of T4nuary, 1990.
Nancy Hiller, City Clerk
RESOLUTION
CITY OF SOUTHFIELD
RESOLVED that Council does hereby authorize the Oakland
County Sheriff's Department Secondary Road Patrol Unit
for traffic enfproement within the City- of Southfield'
with no coat to the C1tx of Southfield, financed through
a trkffio grant partially funded by taxes from the City
of So;nhfield,
R--aollutior, unanlacualy adopted.
I, Mary A, Bonner, the qualified Deputy
cityClark of the City of Southfield, County of
Oakland, Michig8an, do hereby certify that the
foregoing roaolution was adopted by the Southfield
City GQunc11 at a tpeQting held on December 18,
19899
Catea December 290 1989
Ma A, Bonner
Deputy City Clerk
�;=r 9C r•�a
:)crnia Ei Rtttau-, 5¢�ervdacr
tt ri�y F nrelrc, C?ark
!'u��l B. Il¢nu, Tr¢aeur¢r
(:'.vends Qempaey, Tnantss
Rdl Glmer. Truet�m
iC e�hritne G Innen, Tr gc eo
)can A. Scc,t(. Trustee
CLERK*,' fyfr F!t'F'
Betty Fo,,ieve
6200 Civic Center Drive -
Drayton Plains, Michigan 48020
Telephone 674-3111
January 16, 1990
To Whom It May Concernr
RESOLUTION
WHEREAS: The Oakland County Sheriff's Department
will make available a ten deputy patrol
unit for traffic enforcement anywhere in
Oakland County at no cost to municipalities;
and
WHEREAS: Waterford Township recognizes the need for
additional assistance in the enforcement of
traffic laws to help reduce our accident
experience;
NOW, THEREFORE, BE IT RESOLVED, That the Charter Township
of Waterford desires this service and hereby
makes an official request for this assistance.
STATE OF MICHIGAN)
) SS.
COUNTY OF OAKLAND)
I, THE UNDERSIGNED, the duly elected and qualified Clerk
of the Charter Township of Waterford do hereby certify that
the foregoing is a true and complete copy of a resolution
adopted by the Charter Township of Waterford Board at a
regular meeting held the 8th day of January , 1990.
BeEty Fortino, Clerk
Charter Township of Waterford
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
ADDISON TOWNSHIP
This Agreement is made and entered into between the Addison Township, a constitutional and
municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is ,1440 Rochester Road, Leonard, MI 48367 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of
the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 4S341
("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose
address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #k38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O, would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law
Enforcement Services; and
Whereas, the O.C.S.O, is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shalt be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties,
litigation, costs, and/or expenses of any kind which are imposed upon, incurred by, or
asserted against a Party.
1.3 "County Agent' means any and all County officials elected or appointed to a County
O.C.S., 2019-2021 Law Enforcement Services Agreement With 1CV rl
-� — P.— I of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or "Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O.
Liaison will generally be the commanding officer of the Sheriff's Deputies contracted for
and assigned to provide Law Enforcement Services under this Agreement, if one, or a
Sheriff's Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies,
responding to matters concerning public safety, a breach of the peace and traffic crashes,
and any and all other governmental law enforcement functions that are authorized by law,
as limited by and to the extent of the numbers and ranks of Sheriff s Deputies contracted
for and assigned to provide Law Enforcement Services under this Agreement. Law
Enforcement Services shall not include any activity not authorized by law. Law
Fnforcement Services also shall not include the services of any O.C.S.O. specialized unit
or division such as its Marine Safety Unit and Investigative and Forensic Services
Division, which the O.C.S.O. uses to provide services on a County -wide basis, unless
expressly stated to the contrary herein. Nevertheless, the O.C.S.O. will continue to
provide the services of its specialized units and divisions at no additional charge to the
Municipality, to the same extent that the O.C.S.O. continues to provide these services at
no additional charge to all other communities within Oakland County.
1.8 "Sheriffs Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy I,
Patrol Investigator, Detective, Sergeant, or any other person of any rank, classification, or
title who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriffs
Deputies in the numbers and ranks shown in Schedule A - Sheriff's Deouties Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warranty, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
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protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any
specific reduction or prevention of criminal activity within the Municipality or any other
performance -based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the
O.C.S.O. to provide Taw Enforcement Services in and for the Municipality with the levels of
staff provided for in Schedule A. Except as otherwise expressly provided for in this Agreement,
this Agreement does not create any specific, direct or indirect obligation, duty, promise, benefit,
or special right to the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'s or any Sheriff's Deputy's law enforcement duty,
as established under existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs
Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement
will work, during those hours that the Municipality is being charged, only on Municipality -
related Law Enforcement Services. However, any of these Sheriffs Deputies may be absent
from the Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid"
means when a Sheriffs Deputy is temporarily called to the aid of another community due to all
emergency or other exceptional circumstance, or because a Sheriff's Deputy possesses a special
skill or qualification temporarily needed in another community.
6. Sheriff's Deputy's Hours. Each Sheriff's Deputy assigned to provide Law Enforcement
Services under this Agreement will provide eighty (80) hour's of Law Enforcement Services for
the Municipality during a biweekly period.
6.1 Times Spent Outside Municipality Included in hours Charized. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.Ll Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff's Deputy, if that Sheriff's Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other Iaw enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
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6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or
any other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assienments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriff's Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8, O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide
prioritization of resources and law enforcement needs, additional Law Enforcement Services
beyond the 80 hours per biweekly period for each Sheriff's Deputy contracted for under this
Agreement, as provided for in Schedule A, may be made available by the Sheriff to the
Municipality on an overtime basis.
9.1 When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), or holiday pay
overtime as shown in Schedule B - IIolidav Pav, which is attached and incorporated
herein, all other overtime charges incurred by any Sheriff's Deputy contracted for under
this agreement, which are charged to the Municipality, shall be approved, in advance, in
writing, by the Municipality Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms
of this Agreement. ]However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not ificur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assienment/Delelxation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriff's
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
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t 1. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule: A. the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipality's Payment Oblh!ations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terns of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the
Oakland County Board of Commissioners. The Municipality will pay the O.C.S.O, at
the yearly rates set by the Oakland County Board of Commissioners for all Law
Enforcement Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality render the terms of this Agreement, the O.C.S.O. will prepare and send
to the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overthne charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13,1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless
expressly prohibited by law, the County or the County Treasurer, at their sole option,
shall be entitled to offset of retain the amount due from any other Municipality funds
that arc in the County's possession for any reason. Funds include but are not limited to
the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the
County shall be deemed a voluntary assignment of the amount due by the Municipality
to the County. The Municipality waives any Claims against the County or County
Agents for any acts related totheCounty's offsetting or retaining such amounts. This .
paragraph shall not limit the Municipality's legal right to dispute whether the underlying
amount retained by the County was actually due and owing under this Agreement
13.2 Interest Charles. If the County chooses not to exercise its right to setoff or if any.
setoff is insufficient to fully pay the County any amounts due and owing the County
under this Agreement, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any other
amounts due to the County under this Agreement. Interest charges shall be calculated
using the daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
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13.3 Other Rights/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriffs Deputy, by virtue of
this Agreement or otherwise, shall be considered or claimed to be an employee of the
Municipality. At all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s
legal status and relationship to the Municipality shall be that of an independent contractor. The
Municipality also agrees that in any writing or any other communication prepared by, for, or at
the direction of the Municipality, the Municipality shall not state, suggest, or imply that any
employment status or employment relationship exists between any Sheriff's- Deputy and the
Municipality.
15. O.C.S.O. is Sole and Exclusive Emplover of Sheriffs Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff's Deputies.
16. Terms and Conditions of Emplovmeut for Sheriffs Deputies, This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriff's Deputy with the O.C.S.O., any applicable O.C.S.O.
employment or union contract, and any O.C.S.O. rules, regulations, hours of work, shift
assignments, orders, policies, procedures, directives, ethical guidelines, etc., which shall, solely
and exclusively, govern and control the employment relationship between the O.C.S.O. and any
Sheriff's Deputy and the conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any 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 Sheriffs Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 O.C.S.O., subject only to its collective bargaining
agreements.
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16.1.3 The Sheriffs sole and exclusive, right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
judgment, policy or directive that, in any way, governs or controls any
activity of any Sheriffs Deputy, any necessary Sheriff's Deputy's training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriffs Deputy
performing any O.C.S.O. duty or obligation under the terms of this
Agreement.
17. No Municipality Control of Sheriffs DepntieS. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise,
train, or direct any Sheriff's Deputy in the performance of any Law Enforcement Services under
the terms of this Agreement. Except as expressly provided for under the terms of this Agreement,
no Sheriffs Deputy while acting under the terms of this Agreement shall perform any services
directly or otherwise be available to perform any other work or assignments for the Municipality
or Municipality Agents, and no Sheriffs Deputy shalt be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriffs Deputies Paid by O.C.S.O. The O.C.S.O, 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 protectiou(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriffs Deputy's status as an
employee of the O.C.S.O.
19. Sheriff's Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, paid directiv to the
County, and any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, or leased directs to the County
shall, not, for any purpose of this Agreement, be interpreted_ as being provided by the
Municipality, either directly or indirectly, to any individual Sheriffs Deputy.
20. Sheriffs Deouties' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the
completion of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O, shall also be
solely and exclusively responsible for any and all Sheriff's Deputy's professional expenses,
licenses, uniform or equipment costs, insurance, supplies, etc.
20.1 Excention for Pavers Bearine Mmlicivalitv's Name. Any stationery, notices, forms,
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Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense,
20.2 Municinalitv's Reauest for Snecial Ecrainment. 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 O.C.S.O.,
which shall solely decide whether such personal property or special equipment shall be
provided. Any and all such equipment to be provided by the Municipality shall be
provided directly and exclusively to the O.C.S.O., and then ody pursuant to a separate,
written lease agreement between the Municipality and the County. No personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made
available by the Municipality directly to any Sheriff's Deputy, except through a written
lease as provided for in this paragraph.
21. Municivality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriffs
Deputies assigned to the Municipality, which shall be referred to as a "Municipality Substation."
The O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the Municipality Substation with O.C.S.O. personal property and
equipment.
21.1 Benefit to Municioalitv. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriff's Deputies would spend outside the Municipality
because, without a substation, the Sheriffs Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Reauired for Provision and Use of Municipality Substation, The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by tha.O.C.S.O. will be by mutual agreement and consent of the Parties. Under
no circumstances will the Municipality be obligated under the terms ofthis Agreement to
provide any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such
Municipality Substation if offered. If the Municipality decides that it will offer to provide
the O.C.S.O. with a Municipality Substation, and the O.C.S.O. agrees to use such facilities,
the following terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
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21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power,
and water (but excluding any monthly telephone charges for any permanently
installed Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff:
21.2.4 Waiver of Subroeation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the
County for any loss or damage to the Municipality Substation premises or property
which is owned or insured by the Municipality. The Municipality will provide the
County with a certificate of insurance that contains the following language: "The
Municipality and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or property
owned by or insured by the Municipality." The Municipality will provide this
Certificate of Insurance to: Attu. Business Manager, Oakland County Sheriffs
Office, County Service Center, Bldg. #38 East, 1200 N. Telegraph Road, Pontiac,
Michigan 48341-1044, prior to January 1, 2019. All certificates of insurance are
subject to approval by the Oakland County Office of Risk Management,
22. No Transfer, Delectation, or Assiemnent of Municipalitv's Duties. Except as expressly
provided for in this Agreement, this Agreement does not, and is not intended to, transfer,
delegate, or assign to the County, the Sheriff, or any Sheriffs Deputy any civil or legal
responsibility, obligation, duty of care, or liability associated with any governmental function
delegated or entrusted to the Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may' also bring to the Sheriffs attention any concerns that_ the
Municipality may have regarding'the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command
officers before they are assigned to the Municipality. However, the Sheriffs decision on the
assignment of any .Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the
Municipality Liaison reasonably informed regarding Municipality -related Law Enforcement
Services, unless such communication would interfere with an ongoing criminal investigation or
prosecution, and advise the Municipality Liaison, as soon as practicable, of any changes in any
Sheriffs Deputy contacted fbr and assigned to perform Law Enforcement Services under the
terms of this Agreement.
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24. Allegations of Imnroner Conduct of Sheriffs Denutv. If the Municipality learns of any act or
allegation involving any Sheriff's Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of
any complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature,
that the Municipality becomes aware of regarding any Sheriff's Deputy. The Municipality agrees
to cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character
and fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that
Party and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise Iiom the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or
other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of
the Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not
intended to, create, grant, modity, or supersede in any manner, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature whatsoever, for any Sheriff's
Deputy or any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1, 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality
under the terms of this Agreement shall end. .. 1-1
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In die event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff s
Deputy who may be laid off by the O.C.S.O. is a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff s Deputy.
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29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be
entered in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Cleric 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 O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Revond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than
July 31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue
any Agreement for any Law Enforcement Services beyond the expiration of this Agreement
unless a new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and
continue in full force beyond the termination or expiration of this Agreement (or any part thereof)
until the terms and conditions are fully satisfied or expire by their nature: Paragraph 1
(Definitions), Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's
Payment Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and
Exclusive Employer of Sheriff s Deputies), Paragraph 16 (Terms and Conditions of Employment
for Sheriffs Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's
Duties), Paragraph 24 (Allegations of Improper Conduct of Sheriffs Deputy), Paragraph 25
(Responsibility of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New
Agreement Required to Continue Law Enforcement Services Beyond Expiration Date),
Paragraph 31 (Survival of Terms and Conditions), Paragraph 32 (Notices), Paragraph 33
(Governing Law), Paragraph 34 (Captions and Contract Language), Paragraph 35 (Waiver),
Paragraph 36 (Binding Affect), Paragraph 38 (Cumulative Remedies), Paragraph 39
(Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by
this Agreement to each signatory to this Agreement, or any signatory's successor in office, by
first class mail to the addresses shown in this Agreement. Except as otherwise provided for
herein, all correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
33, Governing Law. This Agreement is trade and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the taws of the State of Michigan.
34, Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed.as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
O.0 S.o. 2019-2021 Law Enforcement Services Agreement With 1CVT1
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice
given pursuant to this Agreement. No failure or delay by any Party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof. No written waiver, in one or
more instances; shall be deemed or construed as a continuing waiver of any term ur condition of
this Agreement. No waiver by any Pally shall subsequently affect its right to require strict
performance of this Agreement.
36, Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all
persons acting by, through, under, or in concert with any of them.
37. Amendments, This Agreement shall not be changed or supplemented orally. This Agreement
may be amended only by concurrent resolutions of the County Board of Colmnissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in fall force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.Ws
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the
Parties in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O C.S.O. 2019-2021 Law Enforcement Services Agreement With {CVT)
IN WITNESS WHEREOF, Bruce Pearson, Supervisor, for Addison Township, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
clay of ., r -_ ; 2018.
WITNESSES: Addison Township
a Michigan Municipal Corporation
A6 -=-- -- -- -
-r liruce Pearson
Supervisor
BY:
Pauline Sennett
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and ,lginds the County of Oakland to the terms
and conditions of the Agreement on fhis,z2 , P(Jay of !_£ r_ 2018.
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation �?
M.
MICHAEI..I. GR7 GELL �/ -
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WIIEREOF, MICHAEL .1. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the County of Oakland
to the terms and conditions of the Agreement on this � /s day o l c- � ?mac > 2018.
WITNESS:
OAKLAND COUNTY SHERIFF,
Michigan Constitutional Officer
13 Y.'
MICHAEL J. BOUCHARD,
Oakland County Sheriff
O.0 S.O, 2019-2021 law Enforcement Services Agreement With tCVT)
P 15,S I
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriff's
Sheriff's
each
Annual
each
Costs
each
Costs
Deputies
Deputies
Sheriff's
Costs
Sheriff's
2020
Sheriff's
2021
Contracted
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
$7,434.12
$7,631.69
$7,883.02
Lieutenant
$6,410.34
$6,592.89
$6,780.49
Patrol
Sergeant
$5,800.20
$5, 964.26
$6,132.68
_
Detective
1
$5,950.40
$154,710
$6,123.75
$159,217
$6.301.96
$163,851
Sergeant
Deputy II
6
$5,874.47
$916,417
$6,038.75
$942,045
$6,207.41
$968,356
(w/fiti)
Deputy II
(no -fill) -
$5,115.24
$5,264.55
$5,41T93
Deputy II--
(no-fill/no-
$4,844.28
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
$5,324.86
$5,486.43
$5,652.72
-
Deputy I
$4,707.87
$4,850.08
$4,996.22
TOTAL
7
$1,071,127
$1,101,262
$1,132,207
NOTE: For each "Deputy IT (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide
Law Enforcement Set -vices to the Municipality whenever a Contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff s
Deputy contracted for and assigned to perform Law Fnforcement Services under this
Agreement.
,'.men amo onoi I,mPnfh,,,m,nt Setvices Aueement With(CVT)
Rank of
Sheriff s Deputies
Contracted
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (w/fill)
Deputy II (no -fill)
Deputy H (no-
fill/no-vehicle)
Patrol Investigator
(no -fill)
Deputy I (no -fill)
SCHEDULE B
HOLIDAY PAY
Regular Regular
Holiday Pa Holiday Pay — Holiday Overtime
y y Overtime Not Worked'
INCLUDED
INCLUDED
NOT
NOT
ELIGIBLE
ELIGIBLE
INCLUDED
OPTIONAL
NOT
NO-T
INCLUDED
INCLUDED
INCLUDED
OPTIONAL
NOT
NOT
INCLUDED
INCLUDED
INCLUDED
OPTIONAL
NOT
NOT
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NUT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
Additional
Charges
NO
YES
YES
YES
NO
YES
YES
YES
YES
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Pill Deputies
(I & Ifs) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
0 C.S.O. 2019-2021 Law Enforcement Services Agreement With (CVT}
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91,98
$62.55
$93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Detective
$54.53
$81.79
$55.62
$83.43
$56,73
$85.10
Sergeant
Deputy it
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy It
$46.21
$69.31
(no/fill)
Deputy II
(no-fill/no,
$46.21
$69.31
vehicle)
Patrol
Investigator
$46.21
$69.31
(no -fill)
Deputy 1
$41.25
$61,88
(no -fill)
$47.11 $70.67
$47.11 $70.67
$47.11
$42.08
$48,05
$48.05
$48.05
$72.07
$72.07
$72.07
$63.12 $42.92 $64.38
PTNE Deputy $30.25
$45.38
$30.86
$46.29
$31AS
$47.22
Technical
$32.60
$48.91
$33.25
$49.87
$33,91
$50.87
Assistant
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
q,-irrc Avreemcnt Widi
1CVTI
Clerk 1 $25.51
PTNE Office $24.50
Assistant
$38.27 $26,02 $39.03
$36.75 $24.99 $37.49
$26.54
$39.61
$25,49 $38 24
. � . om 0 orn i r Fnfnrrrment Services Ancemeat With {CV7')
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
ADDISON TOWNSHIP
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and ADDISON TOWNSHIP (the "Contract"), the parties hereby agree to
amend said Contract to add one (1) Deputy II (no -fill) position in accordance with the attached
Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 1. The attached Exhibit
1 replaces and supersedes the Schedule A attached to the Contract beginning on the effective
date of this Amendment 1.
This Amendment 1 shall take effect on December 21, 2019 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1.
IN WITNESS WHEREOF, Bruce Pearson, Supervisor of Addison Township, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body
to execute this Amendment 1 on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditi s of this Amendment 1. c� >
EXECUTED: �2/iG'< i" �i DATE:
Bruce Pearson
Supervisor
WITNESSED: ✓ !,'.__ DATE:
Pauline Bennett
Clerk
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 mmissioner t xecute is Amendment 1 on behalf of Oakland County, and
hereby acce s an binds O kla ounty o he terms and conditions of this Amendment .
EXECUTED.' DATE:
David T. Woodward, Chairperson � /
Oakland County Board of (C,ormmiissioners
WITNESSED: �1 L�4l�U DATE: —'� ZOZ_0
Cunty of Oakland G
Exhibit 1
SCHEDULE A
Addison
Township 2019-2021 Law Enforcement Services Aareement
Amendment
#1, effective December 21, 2019
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for Annual
Charge for
Sheriffs
Sheriffs
each
Annual each Costs
each
Deputies
Deputies
Sheriffs
Costs Sheriffs 2020
Sheriffs
Contracted
Contracted
Deputy to
2019 Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
$7,434,12
$7,631.69
$7,883,02
Lieutenant
$6,410.34
$6,592,89
$6,780.49
Patrol
Sergeant
$5,800.20
$5,964.26
$6,132.68
Detective
Sergeant
$5,950.40
$154,710 $6,123.75 $159,217
$6,301.96
Deputy 11
(w/fil I)
6
$5,874,47
$916,417 $6,038,75 $942,045
$6,207.41
Deputy II
(no -fill)
1
$5,115.24
$132,996 $5,264.55 $136,878
$5,417.93
Deputy II
(no-fill/no-
$4,844.28
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
$5,324.86
$5,486A3
$5,652.72
(no -fill)
Deputy I
(no -fill)
$4,707.87
$4,850.08
$4,996.22
TOTAL 8
$1,204,123
$1,238,140
NOTE: For each "Deputy 11 (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy It (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1.1 — 6.1.5 above.
NOTE: The O.C,S,O. will not assign any trainees to perform the duties of any Sheriff's Deputy conh'acted
for and assigned to perform Law Enforcement Services under this Agreement.
Annual
Costs
2021
$163,851
$968,356
$140,866
$1,273073
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF BRANDON
This Agreement is made and entered into between the Charter Township of Brandon, a constitutional
and municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 395 Mill Street, P.O. Box 929, Ortonville, MI 48462 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"),
and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page I of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent' means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriffs
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff's Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O, will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O,
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriffs Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff's
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Deputies Contracted for and
to be Assiened to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv. Promise. or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.CS.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriff s Deputy's law enforcement duty, as established under
existing law, to the general public,
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement wil l work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriff's Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriff's Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriff's Deputv'S Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period,
6.1 Times Soent Outside Municinality Included in Hours Chareed. Except as may otherwise
be expressly provided in Schedule A. the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff s Deputy, if that Sheriff s Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.13 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O.C.S,O 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assifznments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriff s sole discretion andjudgment as to the county -wide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When MunieiDality Anaroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pay, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O, actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff s Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holiday Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assienment/Delesation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O.C.S.O. 2019-2021 Lary Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 4 of 17
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Munieioalitv's Payment Obligations. The Municipality will pay the O.C,S.O, for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Year►v Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
I3,2 Interest Charges, If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev November 2018 Page 5 of 17
13.3 Other Riehts/Remedies, The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and EXDenseS for Securine Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S,O. nor any Sheriff's Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriffs Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Emolover of Sheriffs Deputies,. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriffs Deputies,
16, Terms and Conditions of Emulovment for Sheriffs Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriff's Deputy and the
conduct and actions of any Sheriff's Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriff's sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16.1.2 The O.C,S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriff's
Deputy or pay any and all Sheriff's Deputy's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and all
such terms and conditions of employment and make any and all employment
decisions that affect, in any way, the employment of any Sheriffs Deputy with
the O.C.S.O., subject only to its collective bargaining agreements.
16.1.3 The Sheriffs sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
O C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 6 of 17
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriff's Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriffs Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municipality Control of Sheriff's Deuuties, Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, orjob duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
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 for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriffs Denuties Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff s Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deuuties Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriff's Deputy. Any consideration, monetary or otherwise, naid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased direct) to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriff s Deputy.
20, Sheriffs Deuuties' Exnenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O, is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its solejudgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff s Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearine Municipalitv's Name,. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
O C S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 7 of 17
20.2 Manicinalitv's Request for Snecial Eauinment. 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 O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriff's Deputy, except through a written lease as provided for in this
paragraph.
21. Mnnieinality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C,S.O. for use by Sheriffs Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O, personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriffs Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Reauired for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
O.C.S.O 2019-2021 Law Enforcement Services Agreement With Charter ToNkship of Brandon
Rev. November 2018 Page 8 of 17
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subroeation. Sheriff's Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Attn. Business Manager, Oakland County Sheriffs Office, County Service Center,
Bldg. 438 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer. Delectation. or Assienment of Municioalitv's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriffs Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municinalitir Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriff's decision on the assignment of
any Sheriff's Deputy shall be final. The O.C,S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriff s Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allectations of Improper Conduct of Sheriff's Deputy. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriff's Deputy. The Municipality agrees to
O.C.S.O. 2019-2021 law Enforcement Services Act Bement With Charter Township of Brandon
Rev. November 2019 Page 9 of 17
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Resnonsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents,
25.1 Leeal Renresentation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O, reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriffs Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31. 2021, Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriffs Deputy.
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
O C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Brandon
Rev. November 2018 Page 10 of 17
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Beyond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff's
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governing Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon Page 11 of 17
Rev. November 2018
36. Bindine Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted bylaw, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38, Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.O. 2019-2021 Law Enfoeement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, Kathy Thurman, Supervisor for the Charter Township of Brandon,
hereby acknowledges that she has been authorized by a resolution of the Municipality's governing
body (a certified copy of which is attached) to execute this Agreement on behalf of the Municipality
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
y.r-t~ day of 4`yec�r tier 2018.
WITNESSES:
Charter Township of Brandon
a Michigan Municipal Corporation
,
t �l /J
BY: t i
Kathy Thlirman
Supervisor
Candee Allen
Clerk
w
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and binds the County of Oakland to the terms and
conditions of the Agreement on this -26f �"<day of 12018.
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
f MICHAEL J. INGEI '
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the County of Oakland to the
terms and conditions of the Agreement on this day of. '.C' ' 9yLCe t 2018,
WITNESS;
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
fC`fr < /A�>+rf.2 / BYE
X41CHAEL J`BOUCHARD,
�Q Oakland County Sheriff
0,C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev, November 2018 Page 13 of 17
Rank of
Sheriff's
Deputies
Contracted
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(wlfi11)
Deputy II
(no -fill)
Deputy 11
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
TOTAL
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriff's
each
Annual
each
Costs
each
Costs
Deputies
Sheriff's
Costs
Sheriffs
2020
Sheriff's
2021
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69
$7,883.02
1
$6,4%34
$166,669
$6,592.89
$171,415
$6,780.49
$176.293
1
$5,800.20
$150,805
$5,964,26
$155,071
$6,132.68
$159,450
$5, 950.40
$5,874.47
$6,123.75
$6,038.75
$6, 301.96
$6,207.41
9 $5,115.24 $1,196,966 $5,264.55 $1,231,905 $5,417.93 $1,267,796
$4, 844.28
$4, 981.82
$5,122.88
2 $6,324.86
$276,893 $5,486.43
$285,294 $5,652.72 $293,941
$4, 707.87
$4, 850.08
$4, 996.22
13 $1,791,333 $1,843,685 $1.897,480
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff s Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
O.C.S.0.2019-2021 Law Enforcement services Agreement With Charter Township of Brandon
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of Regular Regular Holiday Additional
Sheriffs Deputies Holiday Pay Holiday Pay — Not Worked- Overtime2 Overtime Charges
Contracted
Captain
INCLUDED
INCLUDED
ELIGIBLE
ELIGIBLE
LieutenantNO
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Deputy H (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy II (no-
INCLUDED
NOT
NOT
NOT
YES
filUno-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
NOT
NOT
NOT
(no -fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
YES J
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
t Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate,
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
' "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Ao cement With Charter Tmvnship of Brandon
Fev. November 2018 Page 13 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
NIA
NIA
NIA
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82
Patrol
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$8510
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(nolfill)
Deputy 11
(no-filllno-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$4711
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 16 of 17
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Account
$25.51
$38.27
$26.02
$39.03
$26.54
$39.81
Clerk I
PTNE Office
$19.51
$29.27
$19.90
$29.85
$20.30
$30,45
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Brandon
Rev. November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF COMMERCE
This Agreement is made and entered into between the Charter Township of Commerce, a
constitutional and municipal corporation and political subdivision of the State of Michigan, located
within Oakland County, whose address is 2009 Township Drive, Commerce Township, MI 48390
("Municipality"), the COUNTY OF OAKT.AND, a constitutional and municipal corporation and
political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional
officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #39 East
("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law
Enforcement Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the Patties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows; -whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
L 1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties,
litigation, costs, and/or expenses of any kind which are imposed upon, incurred by, or
asserted against a Party.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township or Commerce
1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality. office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all Iines of communication with the Municipality Liaison. The O.C.S.O.
Liaison will generally be the commanding officer of the Sheriff s Deputies contracted for
and assigned to provide Law Enforcement Services under this Agreement, if one, or a
Sheriff's Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies,
responding to matters concerning public safety, a breach of the peace and traffic crashes,
and any and all other governmental law enforcement functions that are authorized by law,
as limited by and to the extent of the numbers and ranks of Sheriff s Deputies contracted
for and assigned to provide Law Enforcement Services under this Agreement. Law
Enforcement Services shall not include any activity not authorized by law. Law
Enforcement Services also shall not include the services of any O.C.S.O. specialized unit
or division such as its Marine Safety Unit and Investigative and Forensic Services
Division, which the O.C.S.O. uses to provide services on a County -wide basis, unless
expressly stated to the contrary herein. Nevertheless, the O.C.S.O. will continue to
provide the services of its specialized units and divisions at no additional charge to the
Municipality, to the same extent that the O.C.S.O. continues to provide these services at
no additional charge to all other communities within Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy 11, Deputy I,
Patrol Investigator, Detective, Sergeant, or any other person of any rank, classification, or
title who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff's
Deputies in the numbers and ranks shown in Schedule A - Sheriff's Deputies Contracted for and
to be Assigned to Municinality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
n r a o 9nt o_Sn91 7 aw Fnfnrcement Services Agreement With Charter Township of Commerce
3. No Warrantv, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any
specific reduction or prevention of criminal activity within the Municipality or any other
performance -based outcome.
4. Sole Puraose of -Agreement. The sole and exclusive purpose of this Agreement is for the
O.C.S.O. to provide Law Enforcement Services in and for the Municipality with the levels of
staff provided for in Schedule A. Except as otherwise expressly provided for in this Agreement,
this Agreement does not create any specific, direct or indirect obligation, duty, promise, benefit,
or special right to the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'s or any Sheriffs Deputy's law enforcement duty,
as established under existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs
Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement
will work, during those hours that the Municipality is being charged, only on Municipality -
related Law Enforcement Services. However, any of these Sheriff's Deputies may he absent
from the Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid"
means when a Sheriffs Deputy is temporarily called to the aid of another community due to an
emergency or other exceptional circumstance, or because a Sheriffs Deputy possesses a special
skill or qualification temporarily needed in another community.
6. Sheriffs Dermtv's Hours, Each Sheriffs Deputy assigned to provide Law Enforcement
Services under this Agreement will provide eighty (80) hours of Law Enforcement Services for
the Municipality during a biweekly period.
6,1 Times Snent Outside Mu niciaality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriff's Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
n n c n am o_omi r ,,,. F.,f rrrmrnt APrvicee Agreement With Charter Township of Commerce
6.1.5 Performance of any Municipality -related Paw Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or
any other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assienments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriff's Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide
prioritization of resources and law enforcement needs, additional Law Enforcement Services
beyond the 80 hours per biweekly period for each Sheriffs Deputy contracted for under this
Agreement, as provided for in Schedule A, may be made available by the Sheriff to the
Municipality on an overtime basis.
9A When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), or holiday pay
overtime as shown in Schedule B - Holidav Pav, which is attached and incorporated
herein, all other overtime charges incurred by any Sheriffs Deputy contracted for under
this agreement, which are charged to the Municipality, shall be approved, in advance, in
writing, by the Municipality Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms
of this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assianment/Dele2ation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriff's
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A. the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municinalitv's Payment Obli¢ations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearlv Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the
Oakland County Board of Commissioners. The Municipality will pay the O.C.S.O, at
the yearly rates set by the Oakland County Board of Commissioners for all Law
Enforcement Services performed in those years.
12.2Inyoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send
to the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the Rill
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless
expressly prohibited by law, the County or the County Treasurer, at their sole option,
shall be entitled to offset of retain the amount due from any other Municipality funds
that are in the County's possession for any reason. Funds include but are not limited to
the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the
County shall be deemed a voluntary assignment of the amount due by the Municipality
to the County. The Municipality waives any Claims against the County or County
Agents for any acts related to the County's offsetting or retaining such amounts. This
paragraph shall not limit the Municipality's legal right to dispute whether the underlying
amount retained by the County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any
setoff is insufficient to fully pay the County any amounts due and owing the County
under this Agreement, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any other
amounts due to the County under this Agreement. Interest charges shall be calculated
. ,. v ., �nl n ono, r .,.., p.,r .,.,.,.,,,r Qrrvirre Avrrement With Charter Tmvnshm or Commerce
using the dailyrunpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
13.3 Other Riehts/Retnedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff's Deputy, by virtue of
this Agreement or otherwise, shall be considered or claimed to be an employee of the
Municipality. At all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s
legal status and relationship to the Municipality shall be that of an independent contractor. The
Municipality also agrees that in any writing or any other communication prepared by, for, or at
the direction of the Municipality, the Municipality shall not state, suggest, or imply that any
employment status or employment relationship exists between any Sheriffs Deputy and the
Municipality.
15. O.C.S.O. is Sole and Exclusive Emolover of Sheriff's Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriffs Deputies.
16. Terms and Conditions of Enrplovment for Sheriffs Deputies. This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriffs Deputy with the O.C.S.O, any applicable O.C.S.O,
employment or union contract, and any O.C.S.O. rules, regulations, hours of work, shift
assignments, orders, policies, procedures, directives, ethical guidelines, etc., which shall, solely
and exclusively, govern and control the employment relationship between the O.C.S.O. and any
Sheriff s Deputy and the conduct and actions of any Sheriff's Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person 1who., in
the Sheriff s sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriff's Deputy's wages, salaries, allowances, .
reimbursements, compensation, fringe benefits, or otherwise decide any and
all such terms and conditions of employment and make any and all
employment decisions that affect, in any way, the employment of any
Sheriff's Deputy., with the O.C.S.O., subject only to its collective bargaining
agreements.
16.1.3 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 any other
judgment, policy or directive that, in any way, governs or controls any
activity of any Sheriff's Deputy, any necessary Sheriff's Deputy's training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriffs Deputy
performing any O.C.S.O. duty or obligation under the terms of this
Agreement.
17. No Municipality Control of Sheriffs Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise,
train, or direct any Sheriff's Deputy in the performance of any Law Enforcement Services under
the terms of this Agreement. Except as expressly provided for under the terms of this Agreement,
no 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 for the Municipality
or Municipality Agents, and no Sheriff's Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deputies Paid by O.C.S.O., The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriffs Deputy's status as an
employee of the O.C.S.O.
19. Sheriffs Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, ap id directl to the
County, and any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, or leased directly to the County
shall not, for any purpose of this Agreement, be interpreted as being provided by the
Municipality, either directly or indirectly, to any individual Sheriffs Deputy.
20. Sheriffs Deputies' Exvenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriff's Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the
completion of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be
solely and exclusively responsible for any and all Sheriff's Deputy's professional expenses,
licenses, uniform or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearing Municipalitv's Name, Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O, by the Municipality at the
Municipality's sole cost and expense.
20.2 Municipalitv's Reauest for Special Eauipment. 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 O.C.S.O.,
which shall solely decide whether such personal property or special equipment shall be
provided, Any and all such equipment to be provided by the Municipality shall be
provided directly and exclusively to the O.C.S.O., and then only pursuant to a separate,
written lease agreement between the Municipality and the County. No personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made
available by the Municipality directly to any Sheriff's Deputy, except through a written
lease as provided for in this paragraph.
21. Munieivality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or ]eased buildings to the O.C.S.O. for use by Sheriffs
Deputies assigned to the Municipality, which shall be referred to as a "Municipality Substation."
The O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the Municipality Substation with O.C.S.O, personal property and
equipment.
21,1 Benefit to Municinalitv. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Reouired for Provision and Use of Municinalitv Substation, The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O,C.S.O. will be by mutual agreement and consent of the Parties. Under
no circumstances will the Municipality be obligated under the terms of this Agreement to
provide any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such
Municipality Substation if offered. If the Municipality decides that it will offer to provide
the O.C.S.O. with a Municipality Substation, and the O.C.S.O. agrees to use such facilities,
the following terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heal, air conditioning, power,
and water (but excluding any monthly telephone charges for any permanently
installed Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at arty time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subroeation. Sheriff's Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the
County for any loss or damage to the Municipality Substation premises or property
which is owned or insured by the Municipality. The Municipality will provide the
County with a certificate of insurance that contains the following language: "The
Municipality and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or properly
owned by or insured by the Municipality." The Municipality will provide this
Certificate of Insurance to: Attn. Business Manager, Oakland County Sheriffs
Office, County Service Center, Bldg. #38 East, 1200 N. 'Telegraph Road, Pontiac,
Michigan 48341-1044, prior to January 1, 2019. All certificates of insurance are
subject to approval by the Oakland County Office of Risk Management.
22. No Transfer, Delegation, or Assigmnent of Municipality's Duties. Except as expressly
provided for in this Agreement, this Agreement does not, and is not intended to, transfer,
delegate, or assign to the County, the Sheriff, or any Sheriffs Deputy any civil or legal
responsibility, obligation, duty of care, or liability associated with any governmental function
delegated or entrusted to the Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O, aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command
officers before they are assigned to the Municipality. However, the Sheriffs decision on the
assignment of any Sheriff's Deputy shall be final. The O.C.S.O. Liaison will keep the
Municipality Liaison reasonably informed regarding Municipality -related Law Enforcement
Services, unless such communication would interfere with an ongoing criminal investigation or
prosecution, and advise the Municipality Liaison, as soon as practicable, of any changes in any
Sheriff's Deputy contracted for and assigned to perform Law Enforcement Services under the
terms of this Agreement.
O.C.S.0. 2019-2021 Law Enforcement services Agreement With Charter Township of Commerce
" - -'-- 1. Pacers 9 of 17
24, Allegations of Imnroner Conduct of Sheriff's Deputy. If the Municipality learns of any act or
allegation involving any Sheriff's Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of
any complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature,
that the Municipality becomes aware of regarding any Sheriff's Deputy. The Municipality agrees
to cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character
and fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that
Party and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Riehts. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or
other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of
the Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not
intended to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature whatsoever, for any Sheriffs
Deputy or any Sheriff s Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1, 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the,O.C.S.O, to provide Law Enforcement Services to the 'Municipality
under the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff's
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29. Resolutions Reauired. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be
entered in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the CIerk 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 O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30, New Agreement Reauired to Continue Law Enforcement Services Beyond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than
July 31, 202E This paragraph does not obligate the O.C.S.O. or the Municipality to continue
any Agreement for any Law Enforcement Services beyond the expiration of this Agreement
unless a new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and
continue in full force beyond the termination or expiration of this Agreement (or any part thereol)
until the terms and conditions are fully satisfied or expire by their nature: Paragraph I
(Definitions), Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's
Payment Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and
Exclusive Employer of Sheriffs Deputies), Paragraph 16 (Terms and Conditions of Employment
for Sheriffs Deputies), Paragraph 22 (No "Transfer, Delegation, or Assignment of Municipality's
Duties), Paragraph 24 (Allegations of Improper Conduct of Sheriffs Deputy), Paragraph 25
(Responsibility of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New
Agreement Required to Continue Law Enforcement Services Beyond Expiration Dale),
Paragraph 31 (Survival of Terms and Conditions), Paragraph 32 (Notices), Paragraph 33
(Governing Law), Paragraph 34 (Captions and Contract Language), Paragraph 35 (Waiver),
Paragraph 36 (Binding Affect), Paragraph 39 (Cumulative Remedies), Paragraph 39
(Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by
this Agreement to each signatory to this Agreement, or any signatory's successor in office, by
first class mail to the addresses shown in this Agreement. Except as otherwise provided for
herein, all correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governing Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan,
34. Captions and Contract Languaue. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice
given pursuant to this Agreement. No failure or delay by any Party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof. No written waiver, in one or
more instances, shall be deemed or construed as a continuing waiver of any term or condition of
this Agreement. No waiver by any Party shall subsequently affect its right to require strict
performance of this Agreement.
36, Bindine Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all
persons acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement
may be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
39. SeverabiIity. if a court of competent jurisdiction finds a term or condition of this Agreement to
be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms or conditions shall remain in full force and effect.
40. Entire Agreement, This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the
Parties in any way related to the subject matter hereof.
INTENTIONALLY LEFT BLANK-
n r s n 9019-2021 Law Enforcement services Agreement With Charter Township of Commerce
IN WITNESS WHEREOF, David Scott, Supervisor, for the Charter Township of Commerce,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body (a certified copy of which is attached) to execute this Agreement on behalf of the Municipality
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
+2.j�{''r_ _ )'i i
_}z_a_z day of - Cr _ _ , 2018.
WITNESSES:
Charter Township of Commerce
a Michigan t nicipal Corporation
BY: _ _
- David Scott
Supervisor
BYWj
Melissa Creech
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and binds the County of Oakland to the terms
and conditions of the Agreement on this %(__ �fday of
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
l.:
Y Znl//
HA MIC EL J, USINGELLL,
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer, hereb ccepts an binds the/ C,�ounty of Oakland
to the terms and conditions of the Agreement on this,% day o f-G LV i�L.�+C!�+- , 2018.
WITNESS:
OAN,LAND COUNTY SHERIFF,
Michigan Constitutional Officer
BYE-- = - --
MICHAEL,J. 136UCi IAttll,
Oakland County Sheriff
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriff's
Sheriff's
each
Annual
each
Costs
each
Costs
Sheriff's
Costs
Sheriffs
2020
Sheriff's
2021
Deputies
Deputies
Deputy to
2019
Deputy to
Deputy to
Contracted
Contracted
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
$7,434.12
$7,631.69
$7,883.02
Lieutenant
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780.49
$176,293
Patrol
,
2
$5,800.20
$301,610
$5,964.26
$310,142
$6,132.68
$318,899
Sergeant
Detective 1
Sergeant
Deputy 11
(w/fill)
Deputy II 23
(no -fill)
Deputy II
(no-fill/no- 1
vehfcfe)
Patrol
Investigator 6
(no -fill)_
Deputy I 1
(no -fill)
TOTAL 35
$5,950.40 $154,710 $6,123.75 $159,217 $6,301.96 $163,851
$5, 874.47
$6,038.75
$6,207.41
$5,115.24
$3,058,914
$5,264.55
$3,148,201
$5,417.93
$3,239,922
$4,844.28
$125,951
$4,981.82
$129,527
$5,122.88
$133,195
$5,324.86
$4,707.87
$830,678 $5,486.43 $855,883 $5,652.72 $881,824
$122,405 $4,850.08 $126,102 $4,996.22 $129,902
$4,760,937 $4,900,487 $5,043,886
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff s Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
Rank of
Sheriff s Deputies
Contracted
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (w/fill)
Deputy 11 (no -fill)
Deputy II (no-
fill/no-vehicle)
Patrol Investigator
(no -fill)
Deputy I (no -fill)
SCHEDULE B
HOLIDAY PAY
Regular Regular Holiday
Holiday Pay Holiday Pay i Overtirne2
Not Worked
Overtime Additional
Charges
NOT
NOT
INCLUDED
INCLUDED
ELIGIBLE_
ELIGIBLE
INCLUDED
OPTIONAL3
NOT
NOT
INCLUDED
INCLUDED
NOT
NOT
INCLUDFD
OPTIONAL
INCLUDED
INCLUDED
NOT
NOT
INCLUDED
OPTIONAL
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NOT
NOT
INCLUDED
INCLUDED
INCLUDED
NOT
NOT
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NO
YES
YES
YES
NO
YES
YES
YES
YES
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
I Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
Z Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
NIA
N/A
NIA
N/A
Lieutenant
$60.12
$90.18
$61.32
$91,98
$62.55
$93.82
Patrol
$54.53
$81.79
$55.62
$83,43
$56.73
$85.10
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$8510
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70,67
$48.05
$72.07
(w/fill)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72 07
(no/fill)
Deputy II
(no-fill/no-
$46.21
$69.31
$4711
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70,67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63,12
$42.92
$64.38
(no -fill)
PTNE Deputy
$30.25
$45.38
$30.86
$46,29
$31.48
$47.22
Technical $32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Account $25.51
Clerk I
PTNE Office $24.50
Assistant
$38.27 $26.02 $39.03
$36.75 $24.99 $37.49
$26.54
$39.81
$25.49
$38.24
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF COMMERCE
Amendment
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF COMMERCE (the "Contract'), the
parties hereby agree to amend said Contract to add two (2) Deputy II (no -fill) positions in
accordance with the attached Exhibit 1 (Schedule A) beginning on the effective date of this
Amendment 1. The attached Exhibit 1 replaces and supersedes the Schedule A attached to the
Contract beginning on the effective date of this Amendment 1.
This Amendment 1 shall take effect on March 16, 2019 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1.
IN WITNESS WHEREOF, David E. Scott, Supervisor of the Charter Township of
Commerce, hereby acknowledges that he has been authorized by a resolution of the
Municipality's governing body to execute this Amendment 1 on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Amendment 1.
EXECUTED:
WITNESSED:
David E. Scott
Supervisor
Melissa Creech
DATE:
, Clerk DATE:
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, to execute this Amendment 1 on behalf of Oakland County, a nd
hereby accepts and binds Oakland County to the terms and conditions of this Amendment .
EXECUTED:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
DATE:
WITNESSED: DATE:
County of Oakland
Exhibit 1
SCHEDULE
A
Charter Townshio of Commerce 2019.2021
Law Enforcement Services
Agreement
Amendment
#1, effective
March 16.2019
SHERIFF'S
DEPUTIES
CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriffs
Sheriffs
each
Annual
each
Costs
each
Costs
Deputies
Deputies
Sheriffs
Costs
Sheriff's
2020
Sheriff's
2021
Contracted
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain I
$7,434,12
$7,631.69
$7,883.02
Lieutenant I
1
$6,410.34
$166,569
$6,592.89
$171,415
$6,780.49
$176,293
Patrol I
Sergeant
2
$5,800.20
$301,610
$5,964.26
$310,142
$6,132.68
$318,899
Detective jll_
Sergeant
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
$163,851 J
Deputy II I
w/fill
$5,874.47
$6,038,75
$6,207,41
J
Deputy II I
no -fill
25
$5,115.24
$3,324,906
$5,264.55
$3,421,958
$5,417.93
$3,521,655
Deputy II
(no-fill/no-
1
$4,844.28
$125,951
$4,981.82
$129,527
$5,122.88
$133,195
vehicle)
Patrol
Investigator
6
$5,324.86
$830,678
$5,486.43
$855,883
$5,652.72
$881,824
Deputy 1
(no -fill)
1
$4,707.87
$122,405
$4,850.08
$126,102
$4,996.22
$129,902
TOTAL 37 $5,026,929 $5,174,244 $5,325,619
NOTE; For each "Deputy fI (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriff s Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy it (w/fill)" is absent from the Mruucipahty during any
90 hour biweekly period for any reason except those reasons enumerated in Paragraph 6A above.
NOTE; The O.C. S.O. will not assign any trainees to perform the duties of any Sheriff s Deputy contracted
£or and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF COMMERCE
Amendment 2
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF COMMERCE (the "Contract"), the
parties hereby agree to amend said Contract to add two (2) Deputy II (no -fill) positions and one
(1) Technical Assistant position in accordance with the attached Exhibit 1 (Schedule A) beginning
on the effective date of this Amendment 2. The attached Exhibit 1 replaces and supersedes the
Schedule A attached to the Contract and any amendments thereto beginning on the effective date
of this Amendment 2.
This Amendment 2 shall take effect on January 1, 2020 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
this Amendment 2 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 2 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 2
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 2.
IN WITNESS WHEREOF, David E. Scott, Supervisor of the Charter Township of
Commerce, hereby acknowledges that he has been authorized by a resolution of the
Municipality's governing b y to execute thisAmendment 2 on behalf of the Municipality and
hereby accepts and binds e Municip to a to s and conditions of this Amendment 2.
EXECUTED: DATE.
David E. Scott
Supervisor
WITNESSED: f`� 1 Clerk DATE
Me issa Creech
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners eby acknowledges "ehas een authorized by a resolution of the Oakland
County Boar of Cmissioners, to ex endment 2 on behalf of Oakland County, and
hereby acc is and in lad C urms and conditions o this Amendment.
EXECUTE /u -f bo
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: & IL DATE: Zo
County of Oakland
DAVID E. SCOTT
SUPERVISOR
MELISSA CREECH
CLERK
MOLLY B. PHILLIPS
TREASURER
Sheriff Michael Bouchard,
THE CHARTER'
COMMERCE
OWNSHIP OF-COM
i=TOWNSHIP,DAIVE. -
rOWNSHIR MICHIGAN 48391
(248) 624;61 10 `— _ -
cEommeiciitWp.com
TRUSTEES
000 BERKHEISER
RICK SOVEL
VANESSA MAGNER
GEORGE WEBER
November 14, 2019
The Charter Township of Commerce would like to add two (2) additional Deputy li's and one (1) Technical
Assistant to the Police Services Contract. The Board of Trustees passed the Police Services budget on
November 12, 2019, which included the additional funding for the all three of these new positions. The
budget start date In January Is% 2020. Therefore, we are requesting to have those positions added to the
contract and filled for the January start date.
Res eci u!!y submi ted, `��
David E. Scott
Commerce Township Supervisor
Assessing,.,..... 124e) 980.7077 Clerk ................. (248) OM-7020 Supervisor.....,. (246) 98Q7070
Buliding....... .... (248) 00 7060 PlannIO9 ... (248) DW7050 Treasurer.......... (248) ee67040
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF HIGHLAND
This Agreement is made and entered into between the Charter Township of Highland, a
constitutional and municipal corporation and political subdivision of the State of Michigan, located
within Oakland County, whose address is 205 North John Street, Highland, MI 48357
("Municipality"), the COUNTY OF OAKLAND, a constitutional and municipal corporation and
political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional
officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East
("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law
Enforcement Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows;,whether used in the singular or plural, nominative orpossessive case,
and with or without quotation marks:
11 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties,
litigation, costs, and/or expenses of any kind which are imposed upon, incurred by, or
asserted against a Party.
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1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
IA "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O.
Liaison will generally be the commanding officer of the Sheriff's Deputies contracted for
and assigned to provide Law Enforcement Services under this Agreement, if one, or a
Sheriffs Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies,
responding to matters concerning public safety, a breach of the peace and traffic crashes,
and any and all other governmental law enforcement functions that are authorized by law,
as limited by and to the extent of the numbers and ranks of Sheriffs Deputies contracted
for and assigned to provide Law Enforcement Services under this Agreement. Law
Enforcement Services shall not include any activity not authorized by law. Law
Enforcement Services also shall not include the services of any O.C.S.O. specialized unit
or division such as its Marine Safety Unit and Investigative and Forensic Services
Division, which the O.C.S.O. uses to provide services on a County -wide basis, unless
expressly stated to the contrary herein. Nevertheless, the O.C.S.O. will continue to
provide the services of its specialized units and divisions at no additional charge to the
Municipality, to the same extent that the O.C.S.O. continues to provide these services at
no additional charge to all other communities within Oakland County.
1.8 "Sheriffs Deputy" means any Captain, Lieutenant, Sergeant, Deputy 1I, Deputy I,
Patrol Investigator, Detective, Sergeant, or any other person of any rank, classification, or
title who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff s
Deputies in the numbers and ranks shown in Schedule A - Sheriff's Deputies Contracted for and
to be Assimed to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
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3. No Warrantv, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not,
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any
specific reduction or prevention of criminal activity within the Municipality or any other
performance -based outcome.
4. Sole Purpose of "Agreement. The sole and exclusive purpose of this ;Agreement is for the
O.C.S.O. to provide Law Enforcement Services in and for the Municipality with the levels of
staff provided for in Schedule A. Except as otherwise expressly provided for in this Agreement,
this Agreement does not create any specific, direct or indirect obligation, duty, promise, benefit,
or special right to the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'s or any Sheriff's Deputy's law enforcement duty,
as established under existing law, to the general public.
Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs
Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement
will work, during those hours that the Municipality is being charged, only on Municipality -
related Law Enforcement Services. However, any of these Sheriffs Deputies may be absent
from the Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid"
means when a Sheriffs Deputy is temporarily called to the aid of another community due to an
emergency or other exceptional circumstance, or because a Sheriffs Deputy possesses a special
skill or qualification temporarily needed in another community.
6. Sheriff's Denutv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement
Services under this Agreement will provide eighty (80) hours of Law Enforcement Services for
the Municipality during a biweekly period.
6.1 Times Spent Outside Municipality Included in Fours Charged. Except as may otherwise
be expressly provided in Schedule A. the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
ELI Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriff s Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
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61.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or
any other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift 'Assianments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide
prioritization of resources and law enforcement needs, additional Law Enforcement Services
beyond the 80 hours per biweekly period for each Sheriff's Deputy contracted for under this
Agreement, as provided for in Schedule A. may be made available by the Sheriff to the
Municipality on an overtime basis.
9.1 When Municinalitv Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), or holiday pay
overtime as shown in Schedule B - Holidav Pay, which is attached and incorporated
herein, all other overtime charges incurred by any Sheriffs Deputy contracted for under
this agreement, which are charged to the Municipality, shall be approved, in advance, in
writing, by the Municipality Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourlv Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms
of this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff s Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
93 Holidav'Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assignment/Deleaation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
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Deputy's services, duties, or obligations under this Agreementrto any other public or private
person, corporation, entity, or organization of any kind.
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municinalitv's Pavment Obligations, The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriffs Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services, to the Municipality under the terms of this Agreement.
12.1 Yearlv Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the
Oakland County Board of Commissioners. The Municipality will pay the O.C-S.O. at
the yearly rates set by the Oakland County Board of Commissioners for all Law
Enforcement Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send
to the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the fall
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless
expressly prohibited by law, the County or the County Treasurer, at their sole option,
shall be entitled to offset of retain the amount due from any other Municipality funds
that are in the County's possession for any reason. Funds include but are not limited to
the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the
County shall be deemed a voluntary assignment of the amount due by the Municipality
to the County. The Municipality waives any Claims against the County or County
Agents for any acts related to the County's offsetting or retaining such amounts. This
paragraph shall not limit the Municipality's legal right to dispute whether the underlying
amount retained by the County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any
setoff is insufficient to fully pay the County any amounts due and owing the County
under this Agreement, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any other
amounts due to the County under this Agreement. Interest charges shall be calculated
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township offfighland r ^
using the daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
13.3 Other Riahts/Remedies_ The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Payment, If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees ,and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14, Independent Contractor Status. Neither the O.C.S.O. nor any Sheriffs Deputy, by virtue of
This Agreement or otherwise, shall be considered or claimed to be an employee of the
Municipality. At all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s
legal status and relationship to the Municipality shall be that of an independent contractor. The
Municipality also agrees that in any writing or any other communication prepared by, for, or at
the direction of the Municipality, the Municipality shall not state, suggest, or imply that any
employment status or employment relationship exists between any Sheriff's Deputy and the
Municipality.
15. O.C.S.O. is Sole and Exclusive Employer of Sheriffs Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff's Deputies.
16. Terms and Conditions of Employment for Sheriff's Deputies. This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriff's Deputy with the O.C.S.O., any applicable O.C.S.O.
employment or union contract, and any O.C.S.O. rules, regulations, hours of work, shift
assignments, orders, policies, procedures, directives, ethical guidelines, etc., which shall, solely
and exclusively, govern and control the employment relationship between the O.C.S.O. and any
Sheriff s Deputy and the conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the, deputization of any 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.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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
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Sheriff's Deputy with the O.C.S.O., subject only to its collective bargaining
agreements.
16.1.3 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 any other
judgment, policy or directive that, in any way, governs or controls any
activity of any Sheriff's Deputy, any necessary Sheriffs Deputy's training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriffs Deputy
performing any O.C.S.O. duty or obligation under the terms of this
Agreement.
17. No Municivality Control of Sheriff's Denuties. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise,
train, or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under
the terms of this Agreement. Except as expressly provided for under the terms of this Agreement,
no Sheriffs Deputy while acting under the terms of this Agreement shall perform any services
directly or otherwise be available to perform any other work or assignments for the Municipality
or Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deuuties Paid by O.C.S.O. The O_C.S.O. 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 Sheriffs Deputy's status as an
employee of the O.C.S.O.
19. Sheriffs Denuties Shall Not Be Paid by Municinality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
_ individual Sheriff's Deputy. Any consideration, monetary or otherwise, naid directiv to the t
County, and any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, or leased directly to the County
shall not, for any purpose of this Agreement, be interpreted as being provided by the
Municipality, either directly or indirectly, to any individual Sheriff s Deputy.
20. Sheriffs Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the
completion of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be
solely and exclusively responsible for any and all Sheriffs Deputy's professional expenses,
O.0 S.O.2019-2021 Law Enforcement services Agreement With Charter Township of Highland
licenses, uniform or equipment costs, insurance.; supplies, etc.
20.1 Exceotion for Pavers Bearine Municioalitv's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
20.2 Municinalitv's Reauest for Suecial Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computersi automobiles, motorcycles,
etc.) to be provided, at Municipality expense or otherwise, to any Sheriffs Deputy
assigned to the Municipality, the Municipality shall direct such requests to the O.C.S.O.,
which shall solely decide whether such personal property or special equipment shall be
provided. Any and all such equipment to be provided by the Municipality shall be
provided directly and exclusively to the O.C.S.O., and then only pursuant to a separate,
written lease agreement between the Municipality and the County. No personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made
available by the Municipality directly to any Sheriffs Deputy, except through a written
lease as provided for in this paragraph.
21. Municinality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriff's
Deputies assigned to the Municipality, which shall be referred to as a "Municipality Substation."
The O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the Municipality Substation with O.C.S.O. personal property and
equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under
no circumstances will the Municipality be obligated, under the terms of this Agreement to
provide any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such
Municipality Substation if offered. If the Municipality decides that it will offer to provide
the O.C.S.O. with a Municipality Substation, and the O.C.S.O. agrees to use such facilities,
the following terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Highland
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power,
and water (but excluding any monthly telephone charges for any permanently
installed Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriff's Deputies will use due care in their use of any
Municipality Substation, The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the
County for any loss or damage to the Municipality Substation premises or property
which is owned or insured by the Municipality. The Municipality will provide the
County with a certificate of insurance that contains the following language: "The
Municipality and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or property
owned by or insured by the Municipality." The Municipality will provide this
Certificate of Insurance to: Atm. Business Manager, Oakland County Sheriffs
Office, County Service Center, Bldg. #38 East, 1200 N. Telegraph Road, Pontiac,
Michigan 48341-1044, prior to January 1, 2019. All certificates of insurance are
subject to approval by the Oakland County Office of Risk Management.
22. No Transfer. Delegation, or Assignment of Municinalitv's Duties. Except as expressly
provided for in this Agreement, this Agreement does not, and is not intended to, transfer,
delegate, or assign to the County, the Sheriff, or any Sheriffs Deputy any civil or legal
responsibility, obligation, duty of care, or liability associated with any governmental function
delegated or entrusted to the Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command
officers before they are assigned to the Municipality. However, the Sheriffs decision on the
assignment of any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the
Municipality Liaison reasonably informed regarding Municipality -related'. Law Enforcement
Services, unless such communication would interfere with an ongoing criminal investigation or
prosecution, and advise the Municipality Liaison, as soon as practicable, of any changes in any
Sheriff's Deputy contracted for and assigned to perform Law Enforcement Services under the
terms of this Agreement.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Highland
24. Allegations of Imnroner Conduct of Sheriffs Denutv. If the Municipality learns of any act or
allegation involving any Sheriff's Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions; the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of
any complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature,
that the Municipality becomes aware of regarding any Sheriff's Deputy. The Municipality agrees
to cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character
and fitness of any Deputy.
25. Resnonsibility of Claims. Each Party shall be responsible for any Claims made against that
Party and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Parry shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Parry. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or
other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of
the Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not
intended to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature whatsoever, for any Sheriff's
Deputy or any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M, January 1.2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the,O.C.S.O. to provide Law Enforcement Services to the Municipality
under the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff's
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
O.C.S.0.2019-2021 Law Enforcement services Agreement With Charter Township offfighland
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be
entered in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than
July 31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue
any Agreement for any Law Enforcement Services beyond the expiration of this Agreement
unless a new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and
continue in full force beyond the termination or expiration of this Agreement (or any part thereof)
until the terms and conditions are fully satisfied or expire by their nature: Paragraph 1
(Definitions), Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's
Payment Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and
Exclusive Employer of Sheriffs Deputies), Paragraph 16 (Terms and Conditions of Employment
for Sheriff's Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's
Duties), Paragraph 24 (Allegations of Improper Conduct of Sheriff's Deputy), Paragraph 25
(Responsibility of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New
Agreement Required to Continue Law Enforcement Services Beyond Expiration Date),
Paragraph 31 (Survival of Terms and Conditions), Paragraph 32 (Notices), Paragraph 33
(Governing Law), Paragraph 34 (Captions and Contract Language), Paragraph 35 (Waiver),
Paragraph 36 (Binding Affect), Paragraph 38 (Cumulative Remedies), Paragraph 39
(Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by
this Agreement to each signatory to this Agreement, or any signatory's successor in office, by
first class mail to the addresses shown in this Agreement. Except as otherwise provided for
herein, all correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S_ Postal Service.
33. Governing Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not, be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Highland
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice
given pursuant to this Agreement. No failure or delay by any Party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof. No written waiver, in one or
more instances, shall be deemed or construed as a continuing waiver of any term or condition of
this Agreement. No waiver by any Party shall subsequently affect its right to require strict
performance of this Agreement.
36. Bindine Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all
persons acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement
may be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Parry's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the
Parties in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Highland
IN WITNESS WHEREOF, Rick A. Hamill, Supervisor for the Charter Township of Highland,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body (a certified copy of which is attached) to execute this Agreement on behalf of the Municipality
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
day of t)r.: +r_ rni X: 2018.
WITNESSES:
Charter
BY:
RiOr A. H
Supervisor
of Highland
al Corporation
Il
BY: t� t
Tami Flowers
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and aids the County of Oakland to the terms
and conditions of the Agreement on this _ z 1-1 day of 2018.
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY.�. , f
I(�HAEL 7.NGELi
Chairperson, Oaklant County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff; a Michigan Constitutional Officer, herebyyaccepts and binds thg County of Oakland
to the terms and conditions of the Agreement on this_ day of ! 2018.
WITNESS:
OAKLAND COUNTY SHERIFF,
Michigan Constitutional Officer
MICHAEL J.60UCHARD,
Oakland County Sheriff
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriffs
Sheriffs
each
Annual
each
Costs
each
Costs
Deputies
Deputies
Sheriffs
Costs
Sheriffs
2020
Sheriffs
2021
Contracted
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
$7,434.12
$7,631.69
$7,883.02
Lieutenant
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780.49
$176,293
Patrol
Sergeant
1
$5,800.20
$150,805
$5,964.26
$155,071
$6,132.68
$159,450
Detective
Sergeant
$5,950.40
$6,123.75
$6, 301.96
Deputy II
Wfill)
$5,874,47
$6,038.75
$6,207.41
Deputy 11
(no -fill)
13
$5,115.24
$1,728,951
$5,264.55
$1,779,418
$5,417.93
$1,831,260
Deputy If
(no-fill/no-
$4,844.28
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
3
$5,324.86
$415,339
$5,486.43
$427.942
$5,652.72
$440,912
(no -fill)
Deputy 1
(no -fill)
$4,707.87
$4,850.08
$4,996,22
TOTAL
18
$2,461,764
$2,533,846
$2,607,915
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff s
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
- - a n ten, n ono, r .,... V,o .,.P..,>na C,,i... A rment With Charter Townshin of $iehland
SCHEDULE B
HOLIDAY PAY
Rank of
Sheriffs Deputies
Regular
Regular
Holiday Pay —
Holiday
Overtime
Additional
ContractedNot
HolidayPa y
Worked'
Overtime z
Charges
Captain
INCLUDED
INCLUDED
NOT
NOT
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Deputy U (w/fiA)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy H (no -fill)
INCLUDED
NOT
NOT
NOT
YES j
INCLUDED
INCLUDED
INCLUDED
J
Deputy H (no-
INCLUDED
NOT
NOT
NOT
YES
fill/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
J
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
J
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
—I � I om n ono, t rre Aureement With Charter Township of Hi¢hfand
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
.2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82
Patrol
$54.53
$81.79
$55.62
$83A3
$56.73
$85.10
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy 11
$4621
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy II
$4621
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy 11
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$30.25
$45.38
$30.86
$46.29
$31.48
$4722
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
O.C.S.O. 2019-2021 Law Enforcement Services Aa eement With
Charter Township of Mehland
Account $25.51 $38.27 $26.02 $39.03 $26.54 $39 81
Clerk I
PTNE Office $24.50 $36.75 $24.99 $37.49 $25.49 $38.24
Assistant
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF HIGHLAND
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF HIGHLAND (the "Contract"), the
parties hereby agree to amend said Contract to upgrade one (1) Patrol Sergeant position to a
Detective Sergeant position in accordance with the attached Exhibit 1 (Schedule A) beginning on
the effective date of this Amendment 1. The attached Exhibit 1 replaces and supersedes the
Schedule A attached to the Contract beginning on the effective date of this Amendment 1.
This Amendment 1 shall take effect on January 1, 2020 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1.
IN WITNESS WHEREOF, Rick A. Hamill, Supervisor of the Charter Township of Highland,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body to execute this mend ent 1 on behalf of the Municipality and hereby accepts and binds
the Municipality to ttyu term an cP5diti6ns ,f yf�is Amendment 1.
r l !s
EXECUTED: j DATE: I_ t
F ir'k A. Hamill
Supervisor
WITNESSED: DATE:
Tami Flowers
Clerk
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, to e cute this Amendment 1 on behalf of Oakland County, and
hereby accep an binds OOaakkllan unty t e terms and conditions of this Amendment,
EXECUTE /' ! 1 l � DATE: '7 J I, I7,0 Z-C-)
Oakland County Board of Commissioners
WITNESSED: \_fug — DATE: -2'lo ZQZO
CoLOty of Oakland di
Exhibit 1
SCHEDULE A
Charter Townshin of Hiahland 2019-2021 Law Enforcement Services Aareement
Amendment #1, effective January 1. 2020
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Rank of
Number of
Charge for
Annual Costs
Charge for
Annual Costs
Sheriffs
Sheriffs
each
2020
each
2021
Deputies
Deputies
Sheriff's
Sheriff's
Contracted
Contracted
Deputy to
Deputy to
Municipality
Municipality
in 2020
in 2021
Captain
$7,631.69
$7,883.02
Lieutenant
1
$6,592.89
$171,415
$6,780.49
$176,293
Patrol
Sergeant
$5, 964.26
$6,132.68
Detective
Sergeant
1
$6.123.75
$159,217
$6,301.96
$163,851
Deputy 11
(wlfill)
$6,038.75
$6,207.41
Deputy It
(no -fill)
13
$5,264.55 I
$1,779,418
$5,417.93
$1,831,260
Deputy 11
(no-fill/no-
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
3
$5,486,43
$427,942
$5,652.72
$440.912
(no -fill)
Deputy I
(no -fill)
$4,850.08
$4,996.22
TOTAL
18
t
$2,537,992
$2,612,316
NOTE: For each "Deputy 11 (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy II (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O, will not assign any trainees to perform the duties of any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF INDEPENDENCE
This Agreement is made and entered into between the Charter Township of Independence, a
constitutional and municipal corporation and political subdivision of the State of Michigan, located
within Oakland County, whose address is 6483 Waldon Center Drive, Clarkston, MI 48346
("Municipality"), the COUNTY OF OAKLAND, a constitutional and municipal corporation and
political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional
officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. 938 East
("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O, for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 1 of 17
1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriff's
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriff's Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff s Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy 1I, Deputy I, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff's
Deputies in the numbers and ranks shown in Schedule A - Sheriff's Deputies Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 page 2 of 17
3. No Warrantv, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriff s Deputy's law enforcement duty, as established under
existing law, to the general public.
S. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriff's Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriff's Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriffs Denutv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Svent Outside Municinality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff's Deputy, if that Sheriff's Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 3 of 17
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assienments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriff s sole discretion and judgment as to the countywide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
91 When Municipality ADoroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pay_ which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourlv Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff s Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assitnment/Deleeafion/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
O.C.S.O. 2019-202I Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 page 4 of 17
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A. the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipality's Payment Obligations. The Municipality will pay the O.C.S.O, for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriffs Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O, will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. if the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 5 of 17
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
13.3 Other Rights/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O, nor any Sheriff s Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriffs Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Enmlover of Sheriff's Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff s Deputies.
16. Terms and Conditions of Emnlovment for Sheriff s Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriff's Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriffs Deputy and the
conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriff s sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriff s Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 O.C.S.O., subject only to its collective bargaining agreements.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 6 of 17
16.1.3 The Sheriffs sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriffs Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriff s Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municipality Control of Sheriffs Denutiies. Neither the Municipality nor any Municipality
Agents shall provide, famish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
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 for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriffs Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriffs Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, Daid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriff s Deputy.
20. Sheriffs Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff s Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 ExceDtion for Papers Bearing Municiaalitv's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 7 of 17
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
20.2 Municioalitv's Reauest for Soeeial Eaninment, 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 O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriff's Deputy, except through a written lease as provided for in this
paragraph.
21. Municioality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriff s Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriff's Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Reauired for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable. Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2019 Page 8 of 17
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Atm. Business Manager, Oakland County Sheriffs Office, County Service Center,
Bldg. 438 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer, Delegation, or Assignment of Municinalitv's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriff s Deputy any civil or legal responsibility; obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However; the Sheriff s decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allegations of Imnroner Conduct of Sheriffs Deputv. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the'
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Independence
Rev. November 2018 Page 9 of 17
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees to
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Resnonsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Leeal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Riehts. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriff s Deputy or
any Sheriff's Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31. 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29. Resolutions Reuuired. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Independence
Rev. November 2018 Page 10 of 17
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 O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Reouired to Continue Law Enforcement Services Bevond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O, in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriffs
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Parry as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governine Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Cautions and Contract LanQuaee. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Parry in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of independence
Rev. November 2018 Page I of 17
36. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Parry's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B. and Schedule C.
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, Patrick J. Kittle, Supervisor of the Charter Township of Independence,
hereby acknowledges that he has been authorized by a resolution of the Municipality's goveming body
(a certified copy of which is attached) to execute this Agreement on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this —aa:fl
day of l n t emtxr , 2018.
WITNESSES:
t�Tu . (}
Charter Township of Independence
a Michigan Municipal Corporation
BY:
Patrick J. Kittle
Supervisor
BY:
Barbara A. Pallotta
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and,binds the County of Oakland to the terms and
conditions of the Agreement on this�f - of C 2018.
WITNESS:
COUNTSOF OAKLANID, a Michigan
Municipal Corporation
s„
BY em
MICHAEL 7/ INGEf I�/
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby ccepts and binds the County of Oakland to the
terms and conditions of the Agreement on this , /=day ofc!rn 2018.
WITNESS:
i
OAKLAND COUNT' SHERIFF, a Michigan
Constitutional Officer
MICHAEL=J.„BOUCHARD,
Oakland County Sheriff
O.C.S.0.2019.2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 13 of 17
Rank of
Sheriffs
Deputies
Contracted
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy 11
(no -fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
TOTAL
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number of
Charge for
Charge for
Annual
Charge for
Sheriffs
each
Annual
each
Costs
each
Deputies
Sheriffs
Costs
Sheriffs
2020
Sheriffs
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69
$7,883.02
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780.49
4
$5,800.20
$603,221
$5,964.26
$620,283
$6,132.68
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
Annual
Costs
2021
1l
$176,293
$637,799
$163,851
$5,874.47
$6,038.75
$6,207.41
18 $5,115.24
$2,393,932 $5,264.55
$2,463,809 $5,417.93 $2,535,591
1 $4,844.28
$125,951 $4,981.82
$129,527 $5,122.88 $133,195
7 $5,324.86
$969,125 $5,486.43
$998,530 $5,652.72 $1,028,795
$4,707.87
32 $4,413,608
$4,850.08
$4,542,781
$4,996.22
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff s Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff s
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
$4,675,524
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018 Page 14 of 17
Rank of
Sheriff's Deputies
Contracted
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy II (w/fill)
Deputy H (no -fill)
Deputy II (no-
fill/no-vehicle)
Patrol Investigator
(no -fill)
Deputy I (no -fill)
Regular
Holiday Pay
INCLUDED
SCHEDULE B
HOLIDAY PAY
Regular Holiday
Holiday Pay — Overtime2
Not Worked'
INCLUDED
INCLUDED OPTIONAL'
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
OPTIONAL
C�]TlIlG7�%�il
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
ELIGIBLE
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
Overtime
NOT
ELIGIBLE
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
Additional
Charges
NO
YES
YES
YES
NO
YES
YES
YES
YES
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
' Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
' "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2019 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82 1
Patrol
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
Wfill)
Deputy II
$46 21
$69.31
$47.11
$70.67
$48.05
$72.07
(notfill)
Deputy II
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of independence
Rev. November 2018 Page 16 of 17
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Account $25.51
$38.27
$26.02
$39.03
$26.54
$39.81
Clerk I
PTNE Office $19 51 $29 27 $19.90 $29.85
Assistant
$20.30 $30.45
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Independence
Rev. November 2018
Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF INDEPENDENCE
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF INDEPENDENCE (the "Contract"),
the parties hereby agree to amend said Contract to add one (1) Patrol Investigator position and
one (1) Deputy II (no -fill) position in accordance with the attached Exhibit 1 (Schedule A)
beginning on the effective date of this Amendment 1. The attached Exhibit 1 replaces and
supersedes the Schedule A attached to the Contract beginning on the effective date of this
Amendment 1.
This Amendment 1 shall take effect on January 1, 2020 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1,
IN WITNESS WHEREOF, Patrick J. Kittle, Supervisor of the Charter Township of
Independence, hereby nowledges that he has been authorized by a resolution of the
Municipality's governing bo y to e cute this Amendment 1 on behalf of the Municipality and
hereby accepts and binds e M ip (ity to the terms and conditions of this Amendment 1.
EXECUTED: \ DATE: 17 _ — l'1 --01
l
Patrick J. Kittle
Supervisor
WITNESSED: 0�" I/L� O" DATE: Ic7 I 1
Carl Neubeck
Clerk
IN WITNESS WHEREOF, David T oodward, Chairperson, Oakland County Board of
Commissioners h y acknowledges th t h has b n authorized by a resolution of the Oakland
County Board o omm ssioners, to ex ut this ndment 1 on behalf of Oakland County, and
hereby accep and bi ds an Co n to the rms and conditions of this Amendment .
EXECUTE A DATE:
avid T. WoocT%ard, Chairperson
Oakland County Board of Commissioners
WITNESSED:a;`kt lj l fi(;� DATE: Z G Z D
C�jnty of Oacnd
Exhibit 1
SCHEDULE A
Charter Townshio of Indeoendence 2019-2021 Law Enforcement_ Services Aareem_ent
Amendment #1. effective January 1. 2020
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Rank of
Number of
Charge for
Annual Costs
Charge for
Annual Costs
Sheriffs
Sheriff's
each
2020
each
2021
Deputies
Deputies
Sheriff's
Sheriff's
Contracted
Contracted
Deputy to
Deputy to
Municipality
Municipality
in 2020
in 2021
Captain I
I $7,631,69
I
$7,883.02
Lieutenant
1
$6,592.89 I
$171,416
$6,780.49
$176,293
Patrol I
Sergeant
4
$5,964.26 +
$620,283
$6,132.68
$637,799
Detective
Sergeant
1
i $6,123.75
$159,217
$6,301.96 I
$163,851
Deputy It
(w/fill)
$6,038.75
$6,207.41
Deputy If
(no -fill)
19
$5,264.55
$2,600,687
$5,417.93
$2,676,457
Deputy II
-
(no-filllno-
1
$4,981.82
$129,527
$5,122.88
$133,195
vehicle►
Patrol
Investigator
8
$5,486A3
$1,141,177
$5,662.72
$1,175,766
(no -fill)
Deputy 1
(no -fill)
i $4,850.08 I
1
$4,996.22
TOTAL
34
$4,822,306
$4,963,361
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy II (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF LYON
This Agreement is made and entered into between the Charter Township of Lyon, a 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, MI 48165 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"),
and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 N,
Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
Definitions. "fhe following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township or Lyon
Rev. November 2018 Page 1 of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent' means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriffs
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriffs Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriffs
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Deputies Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv. Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.C.S.O 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev, November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O: s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriffs Deputy's law enforcement duty, as established under
existing law, to the general public.
Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. Ilowever, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
Sheriff's Deputv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Suent Outside Municipality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff s Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O-C S O, 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assignments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriff's sole discretion and judgment as to the county -wide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A. may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pav, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourlv Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C,S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assiunment/Delegation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O.C.S.O. 2019-2021 Lan, Enforcement Services Agreement With Charter Township of Lyon
Rev November 2018 Page 4 of 17
11. Additional Law Enforcement Services. if, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipalitv's Pavment Obligations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2Invoice. For every biweekly period (corresponding to established O.C.S.O, payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due tinder
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Chartres. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
0 C.S O. 2019-2021 Law Enforcement Services Agreement With Charier Township of Lyon
e,� Norm her 2018 Page 5 of 17
13.3 Other Rights/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff s Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff s Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Emplover of Sheriff's Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all proposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff's Deputies.
16. Terms and Conditions of Emplovment for Sheriff's Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriffs Deputy and the
conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.L1 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 Sheriffs solejudgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16,1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 Sheriffs Deputy with
the O.C.S.O., subject only to its collective bargaining agreements.
16.1.3 The Sheriffs sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
O.C.S.O. 20)9-2021 Law Enforcement services Agreement With Charter Township of Lyon
Rev. November 2018 Page 6 of 17
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriff's Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriffs Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municipality Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, orjob duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Set -vices under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
Sheriffs Deputy while acting underthe terms ofthis Agreement shall perform any services directly
or otherwise be available to perform any other work or assignments for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
19, Sheriff's Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff's Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deputies Shall Not Be Paid by Municipality,. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriff Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any propose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriffs Deputy.
20. Sheriffs Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff's Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearing Municipality's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Lyon
Rev. November 2018 Page 7 of 17
20.2 Municipality's Request for Special Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.)
to be provided, at Municipality expense or otherwise, to any Sheriff's Deputy assigned to
the Municipality, the Municipality shall direct such requests to the O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O,C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriff's Deputy, except through a written lease as provided for in this
paragraph.
21, Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockets, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriff's Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc, located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriff's Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Mnnieipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
O C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev. November 201E Page 9 of 17
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriff's Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Attn. Business Manager, Oakland County Sheriff's Office, County Service Center,
Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer, Delegation, or Assignment of MUoieiDalitv'S Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriffs Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriff's attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriffs decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriffs Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allegations of Imnrouer Conduct of Sheriff's Deputy. If the Municipality learns of any act of -
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
complaint, charge, or any other allegation ofwrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees to
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page 9 of 17
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25, Resvonsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriff's Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 A.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff's
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Lyon
oa., NJn ,o,hrr2018 Page 10 of 17
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Exuiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C,S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriffs
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Set -vices Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governine Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Cautions and Contract Languaee. The section numbers, subsection numbers, and Captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.O. 2019-2021 Lair Enforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page I 1 of 17
36. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required),
38. Cumulative Remedies, A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.0 S.O. 2019-2021 Law Eoforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, John Dolan, Supervisor, for the Charter Township of Lyon, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and hereby
accepts and binds the Municipality to the terms and conditions of this Agreement on this do W day
of /VUVP.n4.bP,r 2018.
WITNESSES:
Charter Township of Lyon
a Michigan Municipal Corporation
John Dolan
Supervisor
BY:
Michele Cash
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGF.LL, Chairperson, Oakland County Board of
Commissioners. hereby acknowledges that he has been authorized by a resolution of the Oakland
Comity Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts an binds the County of Oakland to the terms and
conditions of the Agreement on this .;�!-t(`day of i (,I -
conditions 2018.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
MICHts EL J,�6INGFk1
Chairperson, Oakland" County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and, binds the County of Oakland to the
terms and conditions of the Agreement on tlnis,��Sf' %�day of jibyc- ^, 2018•
WITNESS:
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
B
MICHAEL J, BOUCHARD,
Oakland County Sheriff
Q.CS.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev, November 2018 page 13 of 17
Rank of
Sheriff's
Deputies
Contracted
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy 11
(w/fil l)
Deputy 11
(no -fill)
Deputy 11
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
TOTAL
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriffs
each
Annual
each
Costs
each
Costs
Deputies
Sheriff's
Costs
Sheriff's
2020
Sheriff's
2021
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69
$7,883.02
1
$6,410,34
$166,669
$6,592.89
$171,415
$6,780.49
$176,293
$5, 800, 20
$5, 964.26
$6,132.68
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
$163,851
$5,874A7
$6, 038.75
$6,207.41
15 $5,115.24 $1,994,944 $5,264.55 $2,053,174 $5,417.93 $2,112,993
$4,844.28
4 $5,324.86 $553,785
1 $4,707.87 $122,405
22 $2,992,513
$4,981.82
$5,486.43 $570,589
$4,850.08 $126,102
$3,080,497
$5,122.88
$5,652.72 $587,883
$4,996.22 $129,902
$3,170,922
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev November 201 S Page 14 of 17
Rank of
Sheriffs Deputies
Contracted
Captain
Lieutenant
Patrol Sergeant
Detective Sergeant
Deputy 11 (w/fill)
Deputy II (no -fill)
Deputy II (no-
fill/no-vehicle)
Patrol Investigator
(no -fill)
Deputy I (no -fill)
Regular
Holiday Pay
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
SCHEDULE B
HOLIDAY PAY
Regular Holiday
Holiday Pay — Overtime
Not Worked'
INCLUDED
OPTIONAL'
OPTIONAL
OPTIONAL
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
ELIGIBLE
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
Overtime
NOT
ELIGIBLE
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NO'f
INCLUDED
Additional
Charges
NO 1
YES
YES
YES 1
NO
YES
YES 1�
YES 1
YES
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With Charter Townsbip of Lyon
Rev, November 2018 Page IS of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90,18
$61.32
$91.98
$62.55
$93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Detective
$54.53
$g1.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy II
$46.21
$69.31
$47.11
$70 67
$48 05
$72.07
(nolfill)
Deputy If
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy I
$4125
$6188
$42.08
$63,12
$42.92
$64.38
(no -fill)
.
.
1
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25 06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page 16 of 17
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Account
$25.51
$38.27
$26.02
$39.03
$26.54
$39.81
Clerk I
PTNE Office
$19.51
$29.27
$19.90
$29.85
$20.30
$30.45
Assistant
O.C.S.O. 20192021 Lary Enforcement Services Agreement With Charter Township of Lyon
Rev. November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENTWITH
LYON TOWNSHIP
Amendment 2
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and LYON TOWNSHIP (the "Contract"), the parties hereby agree to
amend said Contract to delete two (2) Patrol Investigator positions in accordance with the
attached Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 2. The
attached Exhibit 1 replaces and supersedes the Schedule A attached to the Contract beginning
on the effective date of this Amendment 2.
This Amendment 2 shall take effect on October 1, 2020 and shall continue until the
Contract expires or is terminated, All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 2 and for other 000d and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 2
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 2.
IN WITNESS WHEREOF, John Dolan, Supervisor of Lyon Township, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body
to execute this Amendment 2 on behalf of the Municipality and hereby accepts and 'binds the
Municipality to the terms and conditions of this Amendment 2. /
EXECUTED: } _ v DATE: � ` 2-0
on Dolan
rvisor
WITNESSED: ! _ Clerk DATE:
Michele Cash
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, to execute this Amendment 2 on behalf of Oakland County, and
hereby accepts and binds Oakland County to the terms and conditions of this Amendment 2.
05i_V a
EXECUTED: 0..,17.,v,6�...et,,<a- 46_M DATE David T. Woodward
David T, Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED:-•,,—F `, l ;n:,,;. _, ,,r, DATE
County of Oakland
E-signed 2021-04-22 07:45AM EDT
woodwamd@oakgov,com
Jo Ann Stringfellow
E-signed 2021-04-22 01:46PM EDT
stringfeltowj@oakgov.com
Oakland County eSign
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
LYON TOWNSHIP
Amendment 3
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and LYON TOWNSHIP (the "Contract"), the parties hereby agree to
amend said Contract to add one (1) Patrol Investigator position in accordance with the attached
Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 3. The attached Exhibit
1 replaces and supersedes all prior versions of the Schedule A to the Contract beginning on the
effective date of this Amendment 3.
This Amendment 3 shall take effect on January 1, 2021 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 3 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 3
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 3.
IN WITNESS WHEREOF, John Dolan, Supervisor of Lyon Township, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body
to execute this Amendment 3 on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and Qconditions of this Amendment 3.
EXECUTED: `��-. DATE / Z i✓Z I
�Jonri Dolan
visor
WITNESSED: C_.: (,. __:- .--.` -- - -Clerk DATE:
Michele Cash
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, to execute this Amendment 3 on behalf of Oakland County, and
hereby accepts and binds Oakland County to the terms and conditions of this Amendment 3.
EXECUTED: -• ,Fv! DATE David i Woodward
David T. Woodward, Chairperson
Oakland County Board of Commissioners
County of Oakland
E-signed 2021-04-15 v4:sorrvi ev i
woodwardd@oakgov.com
DATE
Jo Ann Stringfellow
E-signed 2021-04-15 04:50PM EDT
stringfellowj@oakgov.com
Oakland County e5ign
Exhibit 1
SCHEDULEA
Lvon Township 2019-2021 Law Enforcement Services Agreement
Amendment #3. effective January 1. 2021
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Rank of
Number of
Charge for
Annual Costs
Sheriffs
Sheriffs
each
2021
Deputies
Deputies
Sheriffs
Deputy
Contracted
Contracted
Murnapalilit
y in 2021
Captain
$7,883.02
Lieutenant
1
$6,780,49
$176,293
Patrol
6,132.68
$
Sergeant
Detective
Sergeant
2
$6,30196
$327,702
Deputy II
$6,207.41
(wffill)
Deputy II
(no -fill)
15
S5,417.93
S2,112,993
Deputy II
(no-filllno-
$5,122,88
vehicle)
Patrol
Investigator
3
$5,652.72
$440,912
(no -fill)
Deputy
(no -fill)
1
$4,996.22
$129,902
TOTAL 22 $3,187,802
NOTE For each `Deputy 11 (w;filq" identified abov e. the O.C.S.O. N+ill, at no additional cost to the
ivlunieipality, provide a substitute Sheriffs Deptity 6,e., a "till -in") to provide Law Enforcement Services
to the Municipality tchenever a contracted "Deputy If twifill)' is absent from the Municipalin• during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: 'File O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF OAKLAND
This Agreement is made and entered into between the Charter Township of Oakland, a constitutional
and municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 4393 Collins Road, Rochester, MI 48306-1670 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"),
and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan 48341, Bldg. P38 East ("Sheriff"),
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.0.20194021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page I of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriff s
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriff's Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriffs Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriffs Deputy" means any Captain, Lieutenant, Sergeant, Deputy 1I, Deputy 1, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriffs
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Deputies Contracted for and
to be Assigned to Municinality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oahland
Rev. November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purnose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O,
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O,C.S.O.'s or any Sheriff's Deputy's law enforcement duty, as established under
existing law, to the general public.
Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff s Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriff's Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriffs DEDntV's Hours. Each Sheriff's Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Saent Outside Municipality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S,O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriff's Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O,C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township or Oakland
Rev. November 2019 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assignments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriff's Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O, policies, procedures, employment contracts, etc, that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion andjudgment as to the county -wide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When Municivality Annroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), of holiday pay overtime as shown in
Schedule B - Holidav Pay. which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assi¢nment/Deletation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O.C.S.0,2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 4 of 17
1 1. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municinalitv's Pavment Oblieations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O, in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terns of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municioai Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Charees. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 5 of 17
13.3 Other Riehts/Remedies. The County may pursue or exercise any and all other legaf
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Exnenses for Securinv Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14, Independent Contractor Status. Neither the O.C.S.O. nor any Sheriffs Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terns of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff's Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Emolover of Sheriff's Deputies. The Municipality and the
O.C.S.O, agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff's Deputies.
16. Terms and Conditions of Emplovment for Sheriffs Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S,O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriffs Deputy and the
conduct and actions of any Sheriff's Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriffs sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriff's
Deputy or pay any and all Sheriffs 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 O.C.S.O, subject only to its collective bargaining agreements.
16.1.3 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 any other
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 6 of 17
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriff's Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriff s Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municipality Control of Sheriff's Deouties. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, orjob duties, or in any manner attempt to control, supervise, train,
or direct any Sheriff's Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
Sheriffs Deputy while acting under the terms of this Agreement shall perform any services directly
or otherwise be available to perform any other work or assignments for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deouties Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff s Deputy's status as an employee
of the O.C.S.O.
19. Sheriff's Deouties Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriff's Deputy,
20. Sheriffs Deouties' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriffs Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20,1 Exceation for Papers Bearine Municipalitv's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
O.C.S.0.2019.2021 Law Enforcement services Agreement With Charter Township of Oakland
Rev. November 2018 Page 7 of 17
20.2 Municivalitv's Reauest for Special Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.)
to be provided, at Municipality expense or otherwise, to any Sheriff's Deputy assigned to
the Municipality, the Municipality shall direct such requests to the O.C.S.O, which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then p"I pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriffs Deputy, except through a written lease as provided for in this
paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriffs Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O, may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation, The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable. Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O, for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
0.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 8 of 17
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff:
21.2.4 Waiver of Subroeation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Attn. Business Manager, Oakland County Sheriff's Office, County Service Center,
Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer, Delectation, orA.ssienment of Municioalitv's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriff s Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriff's attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriff's decision on the assignment of
any Sheriff's Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriffs Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Alleeations of Imoroaer Conduct of Sheriff's Denutv. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriff's Deputy. The Municipality agrees to
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 201 g Page 9 of 17
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Leeal Representation, For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Parry's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Riehts. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
tern or condition of employment, of any kind or nature whatsoever, for any Sheriff's Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1.2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terns of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff's
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 10 of 17
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff's
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriffs Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governine Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page I I of 17
36. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted bylaw, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B. and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, Michael Bailey, Supervisor, for the Charter Township of Oakland,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing body
(a certified copy of which is attached) to execute this Agreement on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this llth
day of December 2018.
WITNESSES:
�ti L IAA()+;A
Ja ie Moore, Assistant Manager
1 `aAJ
Can Neubeck, Deputy Clerk
Charter Township of Oakland
a Michigan Municipal Corporation
BY: -, , 5'1-,-
Michael Bailey
Supervisor
BY:
Karen Reilly
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hergbL, accepts a binds the County of Oakland to the terms and
conditions of the Agreement on this -;21 L t day of e_ (' 2018.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:t
`; / MICHAEl J. P,INGEL t-
Chairperson;/ Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the County of Oakland to the
terms and conditions of the Agreement on thi�_�) day of /�cc f ��� 1. > 2018.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
MICHAELI. BOUCHARD,
Oakland County Sheriff
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rm November 2018 Page 13 of 17
Rank of
Sheriff s
Deputies
Contracted
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy It
(wifill)
Deputy 11
(no -fill)
Deputy 11
(no-fillino-
vehicle)
Patrol
Investigator
(no-fii1)
Deputy 1
(no -fill)
Front desk
& building
PTNE
Security
Deputies
TOTAL
SCHEDULE A
SHERIFF'S
DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number of
Charge for
Charge for
Annual Charge for Annual
Sheriffs
each
Annual each
Costs each Costs
Sheriffs
Costs Sheriffs
2020 Sheriffs 2021
Deputies
Contracted
Deputy to
2019 Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69 I
$7,883.02
I
t,
12
$6,410.34
$166,669 $6,592.89
I $171,415
$5,800.20
I $150,805 $5,964.26
$155,071
$5,950,40
I $6,123.75
$5,874.47
$6,038.75
$5,115.24
$1,595,955
$5,264.55 $1,642,540
$4,844.28
1 $5,324.86
$4,707.87
2 $24.09 per
hour
17
$4, 981.82
$6,780A9 $176,293
$6,132.68 $159,450
$6,301,96
$6,207.41
$5,417.93 $1,690,394
$5,122.88
$138,446 $5,486.43 $142,647 $5,652.72
$4,850.08
$48,180 $24.57 per $49,140
hour
$2,100,055
$2,160, 813
$146,971
$4,996.22
$25.06 per $50,120
hour
$2,223,228 I
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of
Regular
Regular
Holiday
Additional
Sheriffs Deputies
Holiday Pay
Holiday
Overtime2
Overtime
Charges
ContracteCaptain
Worked-
INCLUDED
INCLUDED
NOT
NOT
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT I
NOT
YES
INCLUDED1
INCLUDED
Deputy II (wffill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy 11(no-
INCLUDED
NOT
NOT
NOT
YES
fill/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
S
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
I N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
I $93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
I $85.10
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
I $85.10
Sergeant
Deputy It
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fiil)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy II
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
I $42.92
$64.38
(no -fill)
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S.O. 2019.2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 16 of 17
Regular Overtime Regular Overtime Regular Overtime
Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate
2019 2019 2020 2020 2021 2021
Account $25.51 $38.27 $26,02 $39.03 $26.54 $39.81
Clerk I
PTNE Office $19.51 $29.27 $19.90 $29.85 $20.30 $30.45
Assistant
O.C.5.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Oakland
Rev. November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF ORION
This Agreement is made and entered into between the Charter Township of Orion, a constitutional
and municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 2525 Joslyn Road, Lake Orion, MI 48360 ("Municipality"), the COUNTY
OF OAKLAND, a constitutional and municipal corporation and political subdivision of the State of
Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and
the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O, is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office (`O.C.S.0.7' means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page I of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriffs
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff's Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County-
1 .8 "Sheriff s Deputy" means any Captain, Lieutenant, Sergeant, Deputy 11, Deputy 1, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff s
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Denuties Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv. Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriffs Deputy's law enforcement duty, as established under
existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff s Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriff's Denutv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Spent Outside Municipality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff s Deputy, if that Sheriff s Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O.C.S O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or lone term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assienments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pav, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assienment/Delezation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 4 of 17
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipalitv's Payment Oblieations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C-S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriff's
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason- Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Cbarees. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
O.C.S.O 2019-2021 Law Enforcement Sm ices Agreement With Charter Township of Orion
Rev November 2018 Page 5 of 17
13.3 Other RiEhts/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Exnenses for Securing Payment. If the County pursues any legal action in
any court to sccore payment, the Municipality agrees to pay all costs and cxpenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14, Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff s Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to bean employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C_S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff s Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Emnlover of Sheriffs Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff s Deputies.
16. Terms and Conditions of EMDIOyment for Sheriff's Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriffs Deputy and the
conduct and actions of any Sheriffs Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriffs sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriffs Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 O.C.S.O., subject only to its collective bargaining agreements.
16.1.3 The Sheriffs sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
O.CS.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Orion
Rev. November 2018 Page 6 of 17
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriff s Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriff s Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municinality Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, orjob duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
Sheriffs Deputy while acting under the terms of this Agreement shall perform any services directly
or otherwise be available to perform any other work or assignments for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff's Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, oaid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriffs Deputy.
20. Sheriff's Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O_ is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its solejudgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff s Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearing Municipality's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
O C,S O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 7 of 17
20.2 Municinalitv's Request for Snecial Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.)
to be provided, at Municipality expense or otherwise, to any Sheriffs Deputy assigned to
the Municipality, the Municipality shall direct such requests to the O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriffs Deputy, except through a written lease as provided for in this
paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriffs Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriff's Deputies would spend outside the Municipality
because, without a substation, the Sheriffs Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 8 of 17
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Attn. Business Manager, Oakland County Sheriffs Office, County Service Center,
Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer, Delegation, or Assignment of MunieiDalitv'S Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriffs Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriffs decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriffs Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allegations of ImnroDer Conduct of Sheriffs DeDnty. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriff s Deputy. The Municipality agrees to
o C.S.O.2019-2021 Law Enforcement services Agreement with Charter Township of Orion
Rev. November 2018 Page 9 of 17
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriffs Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., 7anuary 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31. 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination, Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff s Deputy.
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
O.CSO.2019-2021 Law Enforcement$ery ices Agreement With Charter Township of Orion
Rev. November 2018 Page 10 of 17
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff's
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governina Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Captions and Contract Lanauaae. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35, Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 1 I of 17
36. Bindine Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C.
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.0 S.O. 2019-2021 Law Enforcement Services Agreement with Charter Township of Orion
Rev. November 2018 Paae 12 of 17
IN WITNESS WHEREOF, Chris Barnett, Supervisor for the Charter Township of Orion, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and hereby
accepts and binds the Municipality to the terms and conditions of this Agreement on this day
of htb ' 2018.
WITNESSES:
Charter Township of Orion
a Michigan Municipal Corporation
' ,- ` — -
BY:
Chii$.Rb arnett
Supervisor
`T
BY:
Penny S. Shults
Clerk U
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts anq binds the County of Oakland to the terms and
conditions of the Agreement on this <K &day of r 201 &
WITNESS: COUNTY OF OAKLANID, a Michigan
1 Municipal
Corporation
B Y : !'1� J L-
~r, 4\IICHAEL'GINGELL
Chairperson, Oaklartif County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, here) y�ucepts and binds the County of Oakland to the
terms and conditions of the Agreement on this i - day of/ 2018.
WITNESS:
OAKLANID COUNTY SHERIFF, a Michigan
Constitutional Officer
ZIP
r
r - ' ,
BY: „t w
MICHAEL(P.`vBOUCHARD,
Oakland County Sheriff
O.0 S.02019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 13 of 17
Rank of
Sheriff s
Deputies
Contracted
Captain
Lieutenant
Patrol
Serqeant
Detective
Serqeant
Deputy II
(w/fill)
Deputy II
(no -fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
Technical
Assistant
Front desk
& building
PTNE
Security
Deputies
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriffs
each
Annual
each
Costs
each
Costs
Deputies
Sheriffs
Costs
Sheriffs
2020
Sheriffs
2021
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69
$7,883.02
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780.49
$176,293
2
$5,80020
$301,610
$5,964.26
$310,142
$6,132 68
$318,899
1
$5,950A0
$154,710
$6,123.75
$159,217
$6,301.96
$163,851
$5,874.47
$6,038.75
$6,207.41
23 $5,115.24
$3,058,914
$5,264.55
$3,148,201
$5,417.93
$3,239,922
$4,844.28
$4,981.82
$5,122.88
5 $5,324.86
$692,232
$5,486.43
$713,236
$5,652.72
$734,854
$4,707.87
$4,850.08
$4,996.22
1 $3,283.88
$85,381
$3,349.56
$87,089
$3,416.55
$88,830
1 $24.09 per
$5,781.60
$24.57 per
$5,896.80
$25.05 per
$,5014.40
hour
Estimated
hour
Estimated
hour
Estimated
TOTAL 34 $4,465,298 $4,595,197 $4,728,663
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of
Regular
lar
uPr
Holiday
Additional
Sheriff s Deputies
Holiday PayOvertime
Holiday
Overtime
Charges
Contracted
Not Worked'
Captain
INCLUDED
INCLUDED
T
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
NOT
NOT
Patrol Sergeant
INCLUDED
OPTIONAL
INCLUDED
INCLUDED
YES
Detective Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Deputy II (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy II (no-
INCLUDED
NOT
NOT
NOT
YES
Till/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
Deputy I (no -fill)
INCLUDED
NOT
NOT
O
YES
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
I Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
' "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 15 of t7
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(nolfill)
Deputy 11
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37 59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 16 of 17
Account
Clerk I
PINE Office
Assistant
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
$25.51
$38.27
$26.02
$39.03
$26.54
$39.81
$%51
$29.27
$19.90
$29.85
$20.30
$30.45
O.C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Orion
Rev. November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF ORION
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF ORION (the "Contract"), the parties
hereby agree to amend said Contract to add one (1) Patrol Sergeant position in accordance with
the attached Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 1. The
attached Exhibit 1 replaces and supersedes the Schedule A attached to the Contract beginning
on the effective date of this Amendment 1.
This Amendment 1 shall take effect on July 20, 2019 and shall continue until the Contract
expires or is terminated. All other provisions in the Contract not otherwise affected by the attached
Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1,
IN WITNESS WHEREOF, Chris Barnett, Supervisor of the Charter Township of Orion,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body to execute this Amendment 1 on behalf of the Municipality and hereby accepts and binds
the Municipality to the terr�r�dtconditions of this Amendment 1.
/ _._._---e.._ I 2�
EXECUTED: "� DATE:
Chf s`BIrnett'
Supervisor
WITNESSED: DATE:',
Penny S,-Shults
Clerk
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissionefs"heroby acknowledges th t he has been authorized by a resolution of the Oakland
County Board of Cormissiarats, to exeute this Amendment 1 on behalf of Oakland County, and
hereby accepts and al�land Cote Ity to �qe terms and conditions of this Amendment .
t J ; � ,�,
EXECUTED,., j r ' t', DATE:
Dawd T. h?oodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: _z t 9 - _tom �y 4' t : t._ DATE: 4 `
County of Oakland 1
V
Rank of
Sheriffs
Deputies
Contracted
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy II
(no -fill)
Deputy 11
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
Technical
Assistant
Front desk
& building
PTNE
Security
Deputies
TOTAL
Exhibit 1
SCHEDULE
Charter TownshiD of Orion 2019-2021 Law Enforcement Services Aqreement,
Amendment #1, effective March 16. 2019
HERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Charge for
Charge for
Annual
Charge for
Annual
Number of
each
Annual
each
Costs
each
Costs
Sheriffs
Sheriffs
Costs
Sheriffs
2020
Sheriff's
2021
Deputies
Deputy to
2019
Deputy to
Deputy to
Contracted
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
$7,434.12
$7,631.69 ,
$7,883.02
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780A9
$176,293
3
$5,80020
$452,415
$5,964.26
$465,213
$6,132.68
$478,349
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301,96
$163,851
$5, 874.47
$6, 038.75
$6, 207.41
23
$5,115.24 $3,058,914 $5,264.55 $3,148,201 $5,417.93 $3,239,922
$4, 844.28
5 $5,324.86 $692,232
$4, 707.87
1
1
[ci
$3,283.88 $85.381
$24.09 per $5,781,60
hour Estimated
$4,616,103
$4, 981.82
$5,122.88
$5,486 43 $713,236 $5,652.72 $734,854
$4,850.08 $4,996.22
$3,349.56 $87,089 $3,416.55 $88,830
$24,57 per $5.896.80 $25.06 per $6,014.40
hour Estimated hour Estimated
$4.750.268
NOTE: For each "Deputy if (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy II (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriffs Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
$4, 888,113
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF ORION
-„fi"L-0wi�'iw,
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF ORION (the "Contract"), the parties
hereby agree to amend said Contract to add one (1) Deputy I I (no -fill) position in accordance with
the attached Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 2. The
attached Exhibit 1 replaces and supersedes all prior versions of the Schedule A to the Contract
beginning on the effective date of this Amendment 2.
This Amendment 2 shall take effect on January 16, 2021 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 2 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 2
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 2.
IN WITNESS WHEREOF, Chris Barnett, Supervisor of the Charter Township of Orion,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body to execute this Amendment 2 on behalf of the Municipality and hereby accepts and binds
the Municipality to the ter s a d c ' itions of this Amendment 2.
EXECUTED: t I DATE:
CfiFis Barnett
Supervisor
WITNESSED: DATE:
Penny S. Ebults
Clerk
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, to execute this Amendment 2 on behalf of Oakland County, and
hereby accepts
_and binds�Oakland County to the terms and conditions of this Amendment.
EXECUTED: 3�� �r,�,ilnau.;ozoi "sesn DATE David T. Woodward
David T. Woodward, Chairperson wooE-sc1 ed dd@o kgov.c-15 orn EST
Oakland County Board of Commissioners woodwardd@oakgov.com
WITNESSED: .<, n�:., s+�(01li.2o2u 0.23 Es,) DATE
County of Oakland Jo Ann Stringfellow
E-signed 2020-12-16 08:23AM EST
stringfetiowj@oakgov.com
Oakland County IT Accounts Payable
Exhibit 1
SCHEDULE A
Charter Township of Orion 2019-2021 Law Enforcement Services Aqreement
Amendment #2, effective January 16, 2021
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Rank of
Number of
Charge for Annual Costs
Sheriffs
Sheriff's
each 2021
Deputies
Deputies
Sheriffs
Deputy to
Contracted
Contracted
Municipality
in 2021
Captain
$7,883.02
Lieutenant
1
$6,780.49 $176,293
Patrol
3
$6,132.68
$478.349
Sergeant
Detective
1
$6.301,96
$163,851
Sergeant
Deputy II
$6,207.41
(wifill)
Deputy II
24
$5,417.93
$3,380,788
(no -fill)
Deputy 11
l
(no-fillino-
$5,122.88
vehicle)
Patrol
Investigator
5
$5,652.72
$734,854
(no -fill)
Deputy 1
$4,996.22
(no -fill)
Technical
1
$3,416.55
$88,830
Assistant
Front desk
& building
$25.06 per
$6,014.40
PTNE
1
hour
Estimated
Security
Deputies
TOTAL
36
$5,028,979
NOTE: For each "Deputy 11 (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriff s Deputy (Le., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy [I (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriffs Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
TIIE CHARTER TOWNSHIP OF OXFORD
This Agreement is made and entered into between the Charter Township of Oxford, a
constitutional and municipal corporation and political subdivision of the State of Michigan, located
within Oakland County, whose address is 300 Dunlap Road, Oxford, MI 48371 ("Municipality"), the
COUNTY OF OAKLAND, a constitutional and municipal corporation and political subdivision of
the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose
address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. 938 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law
Enforcement Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties,
litigation, costs, and/or expenses of any kind which are imposed upon, incurred by, or
asserted against a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.O 2019-2021 Law Fnforcement Services Agreement With Charter'rownship of Oxford
Rev. November 2018 Page 1 of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O.
Liaison will generally be the commanding officer of the Sheriffs Deputies contracted for
and assigned to provide Law Enforcement Services under this Agreement, if one, or a
Sheriff s Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies,
responding to matters concerning public safety, a breach of the peace and traffic crashes,
and any and all other governmental law enforcement functions that are authorized by law,
as limited by and to the extent of the numbers and ranks of Sheriff's Deputies contracted
for and assigned to provide Law Enforcement Services under this Agreement. Law
Enforcement Services shall not include any activity not authorized by law. Law
Enforcement Services also shall not include the services of any O.C.S.O. specialized unit
or division such as its Marine Safety Unit and Investigative and Forensic Services
Division, which the O.C.S.O. uses to provide services on a County -wide basis, unless
expressly stated to the contrary herein. Nevertheless, the O.C.S.O. will continue to
provide the services of its specialized units and divisions at no additional charge to the
Municipality, to the same extent that the O.C.S.O. continues to provide these services at
no additional charge to all other communities within Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy 1,
Patrol Investigator, Detective, Sergeant, or any other person of any rank, classification, or
title who, pursuant to state law, is a sworn deputy of the Sheriff.
2, Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriffs
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Deputies Contracted for and
to be Assianed to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv, Promise, or Guarantee. 'the Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.C.S O 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any
specific reduction or prevention of criminal activity within the Municipality or any other
performance -based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the
O.C.S.O. to provide Law Enforcement Services in and for the Municipality with the levels of
staff provided for in Schedule A. Except as otherwise expressly provided for in this Agreement,
this Agreement does not create any specific, direct or indirect obligation, duty, promise, benefit,
or special right to the O.C.S.O.'s Law Enforcement Services it) favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'s or any Sheriffs Deputy's law enforcement duty,
as established under existing law, to the general public.
Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriffs
Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement
will work, during those hours that the Municipality is being charged, only on Municipality -
related Law Enforcement Services. However, any of these Sheriffs Deputies may be absent
from the Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid"
means when a Sheriffs Deputy is temporarily called to the aid of another community due to an
emergency or other exceptional circumstance, or because a Sheriffs Deputy possesses a special
skill or qualification temporarily needed in another community.
6. Sheriffs Det utv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement
Services under this Agreement will provide eighty (80) hours of Law Enforcement Services for
the Municipality during a biweekly period.
6.1 Times Snent Outside Municipality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A. the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriff's Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O, authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.l A Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O.C.S.O 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or
any other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assit<nments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriff's
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc, that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide
prioritization of resources and law enforcement needs, additional Law Enforcement Services
beyond the 80 hours per biweekly period for each Sheriff's Deputy contracted for under this
Agreement, as provided for in Schedule A, may be made available by the Sheriff to the
Municipality on an overtime basis.
9.1 When Municipality Approval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to,
unanticipated and last-minute position fill-in scheduling decisions), or holiday pay
overtime as shown in Schedule B - Holiday Pay, which is attached and incorporated
herein, all other overtime charges incurred by any Sheriff's Deputy contracted for under
this agreement, which are charged to the Municipality, shall be approved, in advance, in
writing, by the Municipality Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms
of this Agreement. However, in the unlikely event that the O.C.S.O, is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff s Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holiday Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assit?nment/Deletration/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriff's
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Oxford
Rev November 2018 Page 4 of 17
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municinalitv's Payment Oblieations. The Municipality will pay the O.C.S.O, for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the
Oakland County Board of Commissioners. The Municipality will pay the O.C.S.O. at
the yearly rates set by the Oakland County Board of Commissioners for all Law
Enforcement Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send
to the Municipality an invoice that sets forth the biweekly amount due for each Sheriff's
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds, The Municipality agrees that, unless
expressly prohibited by law, the County or the County Treasurer, at their sole option,
shall be entitled to offset of retain the amount due from any other Municipality funds
that are in the County's possession for any reason. Funds include but are not limited to
the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the
County shall be deemed a voluntary assignment of the amount due by the Municipality
to the County. The Municipality waives any Claims against the County or County
Agents for any acts related to the County's offsetting or retaining such amounts. This
paragraph shall not limit the Municipality's legal right to dispute whether the underlying
amount retained by the County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any
setoff is insufficient to fully pay the County any amounts due and owing the County
under this Agreement, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any other
amounts due to the County under this Agreement. Interest charges shall be calculated
using the daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
O.C.S.O 2019-2021 Law Enforcement Services Agreement With Charter Tonmship of oxford
Rev. November 2018 page 5 of 27
13.3 Other Riehts/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securine Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff's Deputy, by virtue of
this Agreement or otherwise, shall be considered or claimed to be an employee of the
Municipality. At all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s
legal status and relationship to the Municipality shall be that of an independent contractor. The
Municipality also agrees that in any writing or any other communication prepared by, for, or at
the direction of the Municipality, the Municipality shall not state, suggest, or imply that any
employment status or employment relationship exists between any Sheriffs Deputy and the
Municipality.
15. O.C.S.O. is Sole and Exclusive Fumilover of Sheriff's DepntieS. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriffs Deputies.
16. Terms and Conditions of Emplovment for Sheriffs llenuties. This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O.
employment or union contract, and any O.C.S.O, rules, regulations, hours of work, shift
assignments, orders, policies, procedures, directives, ethical guidelines, etc., which shall, solely
and exclusively, govern and control the employment relationship between the O.C.S.O. and any
Sheriff's Deputy and the conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriff's sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriff's Deputy,
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, deniote, layoff, fislough, or discharge any Sheriff's
Deputy or pay any and all Sheriff's Deputy's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and
all such terms and conditions of employment and make any and all
employment decisions that affect, in any way, the employment of any
Sheriff's Deputy with the O.C.S.O., subject only to its collective bargaining
agreements.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page 6 of 17
16.1.3 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 any other
judgment, policy or directive that, in any way, governs or controls any
activity of any Sheriff's Deputy, any necessary Sheriffs Deputy's training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriffs Deputy
performing any O.C.S.O. duty or obligation under the terms of this
Agreement.
17. No Municipality Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise,
train, or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under
the terms of this Agreement. Except as expressly provided for under the terms of this Agreement,
no Sheriffs Deputy while acting under the terns of this Agreement shall perform any services
directly or otherwise be available to perform any other work or assignments for the Municipality
or Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriffs Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriffs Deputy's status as an
employee of the O.C.S.O.
19. Sheriff's Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, paid directly to the
County, and any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, or leased directl to the County
shall not, for any purpose of this Agreement, be interpreted as being provided by the
Municipality, either directly or indirectly, to any individual Sheriffs Deputy.
20. Sheriff's Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
With all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the
completion of any O.C.S.O.'s duty under the terms or this Agreement. The O.C.S.O. shall also be
solely and exclusively responsible for any and all Sheriffs Deputy's professional expenses,
licenses, uniform or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearing Municivalitv's Name. Any stationery, notices, forms,
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Tmvnship or Oxford
Rev. November 2018 Page 7 of 17
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
20.2 Municipalitv's Request for Special Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computers, automobiles, motorcycles,
etc.) to be provided, at Municipality expense or otherwise, to any Sheriff's Deputy
assigned to the Municipality, the Municipality shall direct such requests to the O.C.S.O,
which shall solely decide whether such personal property or special equipment shall be
provided. Any and all such equipment to be provided by the Municipality shall be
provided directly and exclusively to the O.C.S.O., and then only pursuant to a separate,
written lease agreement between the Municipality and the County. No personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made
available by the Municipality directly to any Sheriffs Deputy, except through a written
lease as provided for in this paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriffs
Deputies assigned to the Municipality, which shall be referred to as a "Municipality Substation."
The O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the Municipality Substation with O.C.S.O, personal property and
equipment.
21.1 Benefit to Municipalitv. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under
no circumstances will the Municipality be obligated under the terms of this Agreement to
provide any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such
Municipality Substation if offered. If the Municipality decides that it will offer to provide
the O.C.S.O. with a Municipality Substation, and the O.C.S-O, agrees to use such facilities,
the following terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With Charter Tmvnship of Oxford
Rev. November 2018 Page 8 of 17
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power,
and water (but excluding any monthly telephone charges for any permanently
installed Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subroeation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the
County for any loss or damage to the Municipality Substation premises or property
which is owned or insured by the Municipality. The Municipality will provide the
County with a certificate of insurance that contains the following language: "The
Municipality and the Insurance Carrier named herein agree to waive all rights of
subrogation against Oakland County for any loss or damage to premises or property
owned by or insured by the Municipality." The Municipality will provide this
Certificate of Insurance to: Arta. Business Manager, Oakland County Sheriff's
Office, County Service Center, Bldg. #38 East, 1200 N. Telegraph Road, Pontiac,
Michigan 48341-1044, prior to January 1, 2019. All certificates of insurance are
subject to approval by the Oakland County Office of Risk Management.
22. No Transfer. Delectation, or Assieument of Municivalitv's Duties,. Except as expressly
provided for in this Agreement, this Agreement does not, and is not intended to, transfer,
delegate, or assign to the County, the Sheriff, or any Sheriffs Deputy any civil or legal
responsibility, obligation, duty of care, or liability associated with any governmental function
delegated or entrusted to the Municipality under existing law.
23, Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet ally command
officers before they are assigned to the Municipality. However, the Sheriffs decision on the
assignment of any Sheriff's Deputy shall be final. The O.C.S.O. Liaison will keep the
Municipality Liaison reasonably informed regarding Municipality -related Law Enforcement
Services, unless such communication would interfere with an ongoing criminal investigation or
prosecution, and advise the Municipality Liaison, as soon as practicable, of any changes in any
Sheriff's Deputy contracted for and assigned to perform Law Enforcement Services under the
terms of this Agreement.
O.C.S O 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page 9 of 17
24. Allegations of Improper Conduct of Sheriff's Deputy. If the Municipality, learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of
any complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature,
that the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees
to cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character
and fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that
Party and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or
other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of
the Sheriff, the County, or the Sheriffs Deputies. Further, this Agreement does not, and is not
intended to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature whatsoever, for any Sheriffs
Deputy or any Sheriff's Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January t, 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality
under the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Patties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriffs Deputy.
O.0 S O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page 10 of 17
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be
entered in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Beyond Expiration Date.
Tf the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than
July 31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue
any Agreement for any Law Enforcement Services beyond the expiration of this Agreement
unless a new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and
continue in full force beyond the termination or expiration of this Agreement (or any part thereof)
until the terms and conditions are fully satisfied or expire by their nature: Paragraph 1
(Definitions), Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's
Payment Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and
Exclusive Employer of Sheriff's Deputies), Paragraph 16 (Perms and Conditions of Employment
for Sheriff's Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's
Duties), Paragraph 24 (Allegations of Improper Conduct of Sheriff's Deputy), Paragraph 25
(Responsibility of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New
Agreement Required to Continue Law Enforcement Services Beyond Expiration Date),
Paragraph 31 (Survival of Terms and Conditions), Paragraph 32 (Notices), Paragraph 33
(Governing Law), Paragraph 34 (Captions and Contract Language), Paragraph 35 (Waiver),
Paragraph 36 (Binding Affect), Paragraph 38 (Cumulative Remedies), Paragraph 39
(Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by
this Agreement to each signatory to this Agreement, or any signatory's successor in office, by
first class mail to the addresses shown in this Agreement. Except as otherwise provided for
herein, all correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
33. GoverninE Law. This Agreement is made and entered into in the State of Michigan and shall in.
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34, Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
O.C.S.O 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev. November 2018 Page I of 17
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice
given pursuant to this Agreement. No failure or delay by any Party in exercising any right,
power, or privilege hereunder shall operate as a waiver thereof. No written waiver, in one or
more instances, shall be deemed or construed as a continuing waiver of any term or condition of
this Agreement. No waiver by any Party shall subsequently affect its right to require strict
performance of this Agreement.
36. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all
persons acting by, through, under, or in concert with any of them,
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement
may be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole
discretion, to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the
Parties in any way related to the subject matter hereof.
INTF,NTIONALLY LL'FT BLANK-
O.0 S.O 2019-2021 Law Enforcement Services Agreement With Charter Ton risbip or Oxford
Rev. November 2019 Page 12 of 17
IN WITNESS WHEREOF, William Dunn, Supervisor for the Charter Township of Oxford, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
day of 12018.
WITNESSES:
Charter Township of Oxford
a Michigan Municipal Corporation
BY:
William Dunn
Supervisor
BY:. -- .....
Curtis W. Wright
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts an binds the County of Oakland to the teens
and conditions of the Agreement on this.Q-)fi G. 2018.
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
MIC AEL J. 1NGEL I/
Chairperson, Oakland County Board
of Commissioners
IN WITNESSWHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the County of Oakland
to the terms and conditions of the Agreement on this�i%/_ day 2018.
WITNESS:
r
- Si/ c�sf' A•
OAKLAND COUNTY SHERIFF,
Michigan Constitutional Officer
BY" ¢r
MICHARt J. BOUCHARD,
Oakland County Sheriff
O.C.S O. 2019-2021 Lary Enforeement Services Agreement RSth Charter'rmvnship of oxford
Rev. November 2018 Page 13 of 17
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Charge for
Charge for
Annual
Charge for
Annual
Rank of
Number of
each
Annual
each
Costs
each
Costs
Sheriff's
Sheriffs
Sheriff's
Costs
Sheriff's
2020
Sheriff's
2021
Deputies
Deputies
Deputy to
2019
Deputy to
Deputy to
Contracted
Contracted
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
$7,434.12
$7,631.69
$7,883.02
Lieutenant
1
$6,410.34
$166,669
$6,592.89
$171,415
$6,780A9
$176,293 ,
Patrol
$5,800.20
$5,964.26
$6,132.68
Sergeant
Detective
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
$163,851
Sergeant
Deputy 11
$5.874.47
$6,038.75
$6,207.41
(w/fill)
Deputy 11
13
$5,115.24
$1,728,951
$5,264.55
$1,779,418
$5,417.93
$1,831,260
(no -fill)
Deputy II
(no-fill/no-
$4,844.28
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
2
$5,324.86
$276,893
$5,486.43
$285,294
$5,652.72
$293,941
(no -fill)
Deputy 1
$4,707.87
$4,850.08
$4,996.22
(no -fill)
TOTAL
17
$2,327,223
$2,395,344
$2,465,345
NOTE: For each "Deputy Il (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriffs
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
O.CS.O. 2019-2021 Law Lnforeement services Agreement With Charter Township of Oxford
Rev. November 2048 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of
Regular
Regular
Holiday
Additional
Sheriff s Deputies
Holiday Pay
Holiday Pay I
Overtime
Overtime
Charges
Contracted
Not Worked
Captain
INCLUDED
INCLUDED
ELIGIBLE
ELNOT
NO
Lieutenant
INCLUDED
OPTIONAL,3
NOT
INCLUDED
NOT
INCLUDEDNOT
YES
Patrol Sergeant
INCLUDED
OPTIONAL
INCLUDED
NOT
INCLUDED
YES
Detective Sergeant
INCLUDED
OPTIONAL
IN LUDNOT
IN NOTLUD
YES
Deputy II (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
NOT
INCLUDED
YES
Deputy 11(no-
INCLUDED
NOT
NOT
NOT
YES
fill/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
NOT
NOT
NOT
Deputy I (no -fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
—S
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.0.2019-2021 Law Enforcement services Agreement With Charter Township or Oxford
Rev. November 2018 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60,12
$90.18
$61.32
$91.98
$62.55
$93,82
Patrol
$54 53
$81 79
$55,62
$83.43
$56.73
$85.10
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy II
$46 21
$69.31
$47.11
$70.67
$48,05
$72.07
(W/fill)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy II
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69 31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61 88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$30.25
$45.38
$30.86
$46.29
$31.48
$47.22
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With
Charter Township
of Oxford
Rev November 2018
Page 16 of 17
Account $25.51 $38.27 $26.02 $39.03 $26.54 $39.81
Clerk 1
PTNE Office $24.50 $36.75 $24.99 $37.49 $25.49 $38.24
Assistant
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Oxford
Rev November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF OXFORD
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF OXFORD (the "Contract'), the parties
hereby agree to amend said Contract to add one (1) Patrol Investigator position and one (1)
Deputy II (no -fill) position in accordance with the attached Exhibit 1 (Schedule A) beginning on
the effective date of this Amendment 1. The attached Exhibit 1 replaces and supersedes the
Schedule A attached to the Contract beginning on the effective date of this Amendment 1.
This Amendment 1 shall take effect on November 9, 2019 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1.
IN WITNESS WHEREOF, William Dunn, Supervisor of the Charter Township of Oxford,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body to execute this Amendment 1 on behalf of the Municipality and hereby accepts and binds
the Municipality to the terms and conditions of this Amendment 1.
EXECUTED: L' _'e ; :°� ~ . ,a _ - DATE:,
William Dunn
Supervisor
WITNESSED: �J J1'r <'! ice! DATE: II/W19
Curtis W. Wright
Clerk
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, to execute this Amendment 1 on behalf of Oakland County, and
hereby accepts and b.lnds-,060abd County,to the tetrps and conditions of this Amendment .
� t
EXECUTED: j` DATE: t f yx t
3aVjcT Wo08k4rd Chairperson
Oakland County Board of Commissioners
WITNESSED: ���� �X DATE: tt 20 t'9
Co ty of Oakland
Exhibit 1
SCHEDULE A
Charter Townshio of Oxford 2019-2021 Law Enforcement Services Aareement
Amendment #1, effective November 9, 2019
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Sheriffs
Sheriffs
each
Annual
each
Costs
each
Deputies
Deputies
Sheriffs
Costs
Sheriffs
2020
Sheriff's
Contracted
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain
I I
$7,434.12
I $7,631.69
I
I $7,883,02
l Lieutenant
I 1 I
$6,410.34
I $166,669
$6,592.89
I $171,415
I $6.780.49
Patrol
Sergeant
I I
$5,800.20
I $5,964.26
$6,132.68
Detective
Sergeant
1
$5,950.40
$154,710
I $6,123.75
$159.217 I
$6,301.96
Deputy II
(w/fill)
$5 874 47
I
$6,038.75
I I
$6,207.41
Deputy II
(no -fill)
I 14
$5,115.24
I $1,861,947
$5,264.55
$1,916,296 +
$5,417.93
Deputy it
(no-fill/no- I $4,844.28 I $4,981.82
vehicle)
Patrol
Investigator 3 $5,324.86 $415,339 $5,486.43 $427.942
(no -fill)
D(nou ty I)1 I $4,707.87 II ! $4,850.08
TOTAL I 1
9 I $2,598,665 I $2,674.870
$5,122.88
$5,652.72
Annual
Costs
2021
$176,293
$163,851
I
$1,972,127'
$440,912
$4,996.22
$2,753,183
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy II (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6,1 above.
NOTE: The O.C.S.O, will not assign any trainees to perform the duties of any Sheriff s Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF OXFORD
Amendment 2
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CHARTER TOWNSHIP OF OXFORD (the "Contract"), the parties
hereby agree to amend said Contract to add one (1) Deputy II (no -fill) position in accordance with
the attached Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 2. The
attached Exhibit 1 replaces and supersedes all prior versions of the Schedule A to the Contract
beginning on the effective date of this Amendment 2.
This Amendment 2 shall take effect on January 30, 2021 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 2 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 2
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 2.
IN WITNESS WHEREOF, Jack Curtis, Supervisor of the Charter Township of Oxford,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing
body to execute this Amendment 2 on behalf of the Municipality and hereby accepts and binds
the Municipality to the terms and conditions of this Amendment 2.
EXECUTED: r r ei /i1/,/✓ DATE: Z
lock Curtis
s/
j Supervisor
WITNESSED: // f !o i ' Ii tlk,J 4',V? DATE: 1 C''.';;'/='(y
Curtis W, Wright
Clerk
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, to execute this Amendment 2 on behalf of Oakland County, and
hereby accepts and
,�,binds Oakland County to the terms and conditions of this Amendment .
EXECUTED: o,ani Tn�_.� J ' = DATE David T. Woodward
.l. 1�; ::=1i
David T. Woodward, Chairperson wsigned dd@o kgo .com M EST
Oakland County Board of Commissioners woodwardd@oakgov.com
WITNESSED:,,,h.r,,,Mo,fJ,1137.1;:.1�,..1;__l, DATE
County of Oakland EAnn Stringfellow
-signed 2021-01-27 09:47Ab9 EST
stringfellowj@oakgov.com
Oakland County eSign
Exhibit 1
SCHEDULE A
Charter Township of Oxford 2019-2021 Law Enforcement Services Agreement
Amendment #2, effective January 30.2021
SHERIFF'S DEPUTIES COVTRACTED FOR AND TO BE AQSIGNED TO MUNICIPALITY
Biweekly
Rank of
Number of
Charge for Annual Costs
Sheriffs
Sheriffs
each Sheriffs 2021
Deputies
Deputies
Deputy to
Contracted
Contracted
Municipality in
2021
Captain
$7,883.02
Lieutenant 1
$6,780,49
$176,293
Patrol
$6,132.68
Sergeant
Detective 1
Sergeant
$6,301.96
$163,851
Deputy II
6,207.41
$
(w/fill)
Deputy 11 15
(no -fill)
$5,417,93
$2,112,993
Deputy II
(no-fill/no-
$5,122.88
vehicle)
Patrol
Investigator 3
$5,65272
$440,912
(no -fill)
Deputy I
$4,996.22
(no -fill)
TOTAL 20 $2,894,049
NOTE; For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriffs Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy Il (w/fill)" is absent from the Municipality during any
SO hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE; The O.C.S.O. ,41 not assign any trainees to perform the duties of any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CITY OF PONTIAC
This Agreement is made and entered into between the City of Pontiac, a constitutional and municipal
corporation and political subdivision of the State of Michigan, located within Oakland County, whose
address is 47450 Woodward Avenue, Pontiac, MI 48342-2271 ("Municipality"), the COUNTY OF
OAKLAND, a constitutional and municipal corporation and political subdivision of the State of
Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and
the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East ("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff's Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1-3 "County Agent" means any and all County officials elected or appointed to a County
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2019 Page 1 of 17
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriffs Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriffs
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriff's Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff's Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy 1I, Deputy I, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a swom deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff's
Deputies in the numbers and ranks shown in Schedule A - Sheriff s DeDutles Contracted for and
to be Assigned to Municiaality. which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
3. No Warrantv. Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev November 2018 Page 2 of 17
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O,
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriff s Deputy's law enforcement duty, as established under
existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff's Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriffs DenntV'S Hours, Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Snent Outside MunieinalitV Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A. the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev November 2018 Page 3 of 17
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assignments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
S. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subjectto the Sheriff's sole discretion and judgment as to the county -wide prioritization
Of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When Municinalitv ADnroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holiday Pay, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriff s Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates, which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriff s Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holiday Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assignment/Deleeation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
O C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 4 of 17
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A. the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municinalitv's Pavment Obligations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriffs Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municinal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 5 of 17
13.3 Other RiehtS/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff s Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff s Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Emplover of Sheriffs Deputies, The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff s Deputies.
16. Terms and Conditions of Emplovment for Sheriffs Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriff s Deputy and the
conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1,1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriff s sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriff s Deputy.
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 O.C.S.O., subject only to its collective bargaining agreements.
16.1.3 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 any other
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 6 of 17
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriffs Deputy, any necessary Sheriff's Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriffs Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municinalitv Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
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 for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff s Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deputies Shall Not Be Paid by Munieivality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriff s Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc,) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriffs Deputy.
20. Sheriffs Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff s Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Paoers Bearing Municinalitv's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev November 2018 Page 7 of 17
20.2 Municipalitv's Request for Special Equipment. In the event that the Municipality
wants any special or additional personal property or equipment (i.e., cellular telephones,
beepers, personal items or equipment, portable computers, automobiles, motorcycles, etc.)
to be provided, at Municipality expense or otherwise, to any Sheriff s Deputy assigned to
the Municipality, the Municipality shall direct such requests to the O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriffs Deputy, except through a written lease as provided for in this
paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriff s Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would- give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriffs Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municipality Substation, The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable. Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 8 of 17
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C,S.O.
21.2.3 Duration of License. Use of any Municipality Substation Iicense shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Attn. Business Manager, Oakland County Sheriff's Office, County Service Center,
Bldg. 438 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer, Delegation, or Assignment of Municinalitv's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriff s Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Munieinality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O, aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriff's attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriffs decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriff s Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allegations of fmm-ODer Conduct of Sheriffs Denutv. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees to
O.C.S.0.2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 9 of 17
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Resnonsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Legal Rearesentation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Parry
shall have any right under any legal principle to be indemnified by the other Party or the
other Parry's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriff's Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff's
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29, Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
and the Municipality. In addition, this Agreement and any subsequent amendments shall be filed
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 10 of 17
with the Secretary of State for the State of Michigan by the O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O, in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff's
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governine Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Cautions and Contract Laneum!e. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev November 2018 Page 11 of 17
36. BindinE Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38, Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A. Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.0.2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, Dr. Deirdre Waterman, Mayor of the City of Pontiac, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and hereby
accepts �and binds the Municipality to the terms and conditions of this Agreement on this �'7 Y—day
of lJC:Cfiy<r , 2018.
WITNESSES: City of Pontiac
a Michigan Municipal Corporation
Dr. Deirdre Waterman
Mayor
BY:
Garland Doyle
Interim City Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and kinds the County of Oakland to the terms and
conditions of the Agreement on this. ;VLIday of C 2018.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
t� t BY:
IMICHAEL f CagGELL
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts a binds the County of Oakland to the
terms and conditions of the Agreement on thisj7/ day 2018.
WITNESS:
OAKLAND COUNTY SHERIFF, a Michigan
Constitution Officer
B
MICHAEle'.. BOUCHARD,
Oakland County Sheriff
0.C.S.0.2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 13 of 17
Rank of
Sheriffs
Deputies
Contracted
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)
Estimated
Overtime
Front desk
& building
PTNE
Security
Deputies
PTNE Office
Assistant II
TOTAL
SCHEDULE A
SHERIFF'S )EPUTIES COP TRACTED FOP AND TO BE PSSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Number
of
Charge for
Charge for
Charge for
Sheriffs
each
Sheriffs
Annual Costs
each
Sheriffs
Annual Costs
each
Sheriffs
Deputies
Deputy to
2019
Deputy to
2020
Deputy to
Contracts
Municipality
Municipality
Municipality
d
n 2019
in 2020
in 2021
1
$7,434.12
$193,287
$7,631.69
$198,424
$7,883.02
3
$6,410.34
$500,007
$6,592.89
$514,245
$6,780.49
7
$5,800.20
1
$5,950.40
$5,874.47
51
$5,115.24
$4, 844.28
18
$5,324.86
$4,707.87
12
$24.09 per
hour
4
$19.51 per
hour
97
$1,055,636 $5,964.26 $1,085,495
$154,710 $6,123.75 $159,217
$6,038.75
$6,782,808 $5,264.55 $6,980,793
$4, 981.82
$2,492,034 $5,486.43
$4,850.08
$762,410
$289,080 $24.57 per
Estimated hour
$6,132.68
$6,301.96
$6,207.41
Annual Costs
2021
$204,958
$528,878
$1,116,148
$163,851
$5,417.93 $7,184,175
$5,122.88
$2,567,649 $5,652.72 $2,645,473
$4,996.22
$777,658
$793,211
$294,840 $25.06 per $300,720
Estimated hour Estimated
$78,040 $19.90 per $79,600
Estimated hour Estimated
$12.308,012 $12,657,921
$20.30 per $81,200
hour Estimated
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweeldy period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff s
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
$13,018,614
O C S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Sherifank f s Deputies uties
Regular
HolRegular
Holiday
Overtime
Additional
Contracted
Holiday Pay
Not Worked'
Overtime
Charges
Captain
INCLUDED
INCLUDED
NOT
NOT
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT
YES
INCLUDED
INCLUDED
Deputy II (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy II (no-
INCLUDED
NOT
NOT
NOT
YES
fill/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
'Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
3 "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With City of Pontiac
Rev. November 2018 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82
Patrol
$54.53
$81.79
$55.62
$83.43
$56.73
$85A0
Sergeant
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy li
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(W/fill)
Deputy 11
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy II
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
�TNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.C.S O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018 Page 16 of 17
Regular Overtime Regular
Hourly Rate Hourly Rate Hourly Rate
2019 2019 2020
Account $25.51 $38.27 $26.02
Clerk I
PTNE Office $19.51 $29.27 $19.90
Assistant
Overtime
Regular
Hourly Rate
Hourly Rate
2020
2021
$39.03
$26.54
$29.85
$20.30
Overtime
Hourly Rate
2021
$39.81
$30.45
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Pontiac
Rev. November 2018
Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019-2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CITY OF PONTIAC
Amendment 1
Pursuant to Paragraph 29 of the 2019-2021 Law Enforcement Services Agreement
between the COUNTY and the CITY OF PONTIAC (the "Contract"), the parties hereby agree to
amend said Contract to add one (1) Patrol Sergeant position, three (3) Deputy II (no -fill) positions,
one (1) Technical Assistant position and delete two (2) Part Time Non -Eligible positions in
accordance with the attached Exhibit 1 (Schedule A) beginning on the effective date of this
Amendment 1. The attached Exhibit 1 replaces and supersedes the Schedule A attached to the
Contract beginning on the effective date of this Amendment 1.
This Amendment 1 shall take effect on December 21, 2D19 and shall continue until the
Contract expires or is terminated. All other provisions in the Contract not otherwise affected by
the attached Exhibit 1 remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments,
set forth in this Amendment 1 and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Amendment 1.
IN WITNESS WHEREOF, Dr. Deirdre Waterman, Mayor of the City of Pontiac, hereby
acknowledges that she has been authorized by a resolution of the Municipality's governing body
to execute this Amendment 1 on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Amendment 1.
EXECUTED: DATE: 10111714J
Dr. Deirdre Wa n
M r i
WITNESSED: DATE:
Garland Doyle
Interim City Clerk
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners h eby acknowledges that he has been authorized by a resolution of the Oakland
County Board Co missioners, to xe ute thi mendment 1 on behalf of Oakland County, and
hereby accep s and b ds O d o ty to t e erms and conditions of
this Amendment.
EXECUTED: /t/n+ DATE:_ / >� Z'J
David T. Woodward, Chairperson /
kland County Board of Commissioners
WITNESSED:L �Jt�-c1 DATE: �2 "Lo
County of Oakland
Rank of
Sheriff's
Deputies
Contracted
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)
Estimated
Overtime
Front desk
& building
PTNE
Security
Deputies
Technical
Assistant
PTNE Office
Assistant II
Exhibit 1
SCHEDULE A
Citv of Pontiac 2019-2021 Law Enforcement Services Aoreement
Amendment #1, effective December 21. 2019
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Charge for
Charge for
Annual
Charge for
Number of
each
each
Costs
each
Sheriffs
Sheriffs
Annual Costs
Sheriffs
2020
Sheriffs
Deputies
Deputy to
2019
Deputy to
Deputy to
Contracted
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
1
$7,434.12
$193,287
$7,631.69
$198,424
I $7,883.02
3
$6,410.34
$500,007
$6,692.89
$514,245
$6,780.49
8
$5,800.20
$1,206,441
$5,964.26
$1,240,566
$6,132.68
1 $5,950.40 $154,710
$5,874.47
$6,123.75
$6, 038.75
54 $5,115.24 $7,181,796 $5,264.55
$4,844.28 $4,981.82
Annual
Costs
2021
$204,958
$528, 878
$1,275,597
$159,217 $6,301,96 $163,851
$6,207.41
$7,391,428 $5,417.93 $7,606,774
$5,122.88
18
$5,324.86
$2,492,034
$5,486.43
$2,567,649
$5,652.72
$2,645,473
$4.707.87
$4,850.08
$4,996.22
$762,410
$777,658
$793,211
12
$24.09 per
$289.080
$24.57 per
$294,840
$25.06 per
$300,720
hour
Estimated
hour
Estimated
hour
Estimated
1
$3,283.88
$85,381
$3,349.56
$87,089
$3,416.55
1
$88,830
$19.51 per
$39,020
$19,90 per
$39,800
$20.30 per
$40,600 l
2
hour
Estimated
hour
Estimated
hour
Estimated
TOTAL 100
$12, 904,166
$13,270,916
NOTE: For each "Deputy II (w/Fill)" identified above, the O.C.S.O. will, at no additional cost to the
Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide Law Enforcement Services
to the Municipality whenever a contracted "Deputy Il (w/fill)" is absent from the Municipality during any
80 hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's Deputy contracted
for and assigned to perform Law Enforcement Services under this Agreement.
$13,648, 892
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CITY OF ROCHESTER HILLS
This Agreement is made and entered into between the City of Rochester Hills, a constitutional and
municipal corporation and political subdivision of the State of Michigan, located within Oakland
County, whose address is 1000 Rochester Hills Drive, Rochester Hills, MI 48309-3033
("Municipality"), the COUNTY OF OAKLAND, a constitutional and municipal corporation and
political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional
officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East
("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester hills
Rev. November 2018 Page 1 of 17
1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
L6 "O.C.S.O. Liaison" means the Sheriff's Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriff's Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriff s
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff s Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C.S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C.S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriffs
Deputies in the numbers and ranks shown in Schedule A - Sheriffs Deputies Contracted for and
to be Assiened to Municinality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 2 of 17
No Warrantv, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O.C.S.O.'s or any Sheriff s Deputy's law enforcement duty, as established under
existing law, to the general public.
Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff s Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriff's Deputy's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Spent Outside Municipality Included in Hours Charged,. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 3 of 17
6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriff s Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assignments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records, All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriffs sole discretion and judgment as to the county -wide prioritization
Of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When MUnieiDality Aooroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pay, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriff s Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourlv Rates. which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O, actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assienment/Deleeation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev, November 2018 Page 4 of 17
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
11. Additional Law Enforcement Services.. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipality's Payment Obligations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriffs Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
12.1 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriffs Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriffs
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemed a voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Charles. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
O.C.S O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 5 of 17
daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
13.3 Other RiEhtS/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securinu Payment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff's Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent.contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff's Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Employer of Sheriff's Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff's Deputies.
16. Terms and Conditions of Employment for Sheriff's Deputies. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriff Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O. rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriff's Deputy and the
conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any 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 Sheriffs Deputy,
16.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 Deputy with
the O.C.S.O., subject only to its collective bargaining agreements.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 6 of 17
16.1.3 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 any other
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff s Deputy, any necessary Sheriff s Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriffs Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municipality Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, fumish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
Sheriffs Deputy while acting under the terms of this Agreement shall perform any services directly
or otherwise be available to perform any other work or assignments for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriffs Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff s Deputy's status as an employee
ofthe O.C.S.O.
19. Sheriff's Deputies Shall Not Be Paid by Municipality. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriffs Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriffs Deputy.
20. Sheriffs Denuties' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff's Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Papers Bearine Municipality's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 7 of 17
name of the Municipality will be supplied to the O.C.S.O, by the Municipality at the
Municipality's sole cost and expense.
20.2 Municipality's Reauest for Snecial Eauinment. 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 O.C.S.O, which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriffs Deputy, except through a written lease as provided for in this
paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriff s Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municipality. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriff's Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O, law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Required for Provision and Use of Municiaality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, not shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
21.2.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O, for providing Law
Enforcement Services under this Agreement.
21.2.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hilis
Rev, November 2018 Page 8 of 17
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for, any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Arm. Business Manager, Oakland County Sheriffs Office, County Service Center,
Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer. DeleEation. or Assienment of Municipality's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriff's Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriffs attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriff s decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriff s Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. A1IeEations of ImHroner Conduct of Sheriffs Deputy. if the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
[natter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
O.C.S.O. 2019-2021 Law Enforcement services Agreement With City or Rochester Hills
Rev. November 2018 Page 9 of 17
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees to
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Resoonsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Parry's respective Municipality and County Agents in connection with any Claim.
26, Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff s Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriffs Deputy or
any Sheriff's Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1, 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31, 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriff s
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriff's Deputy.
29. Resolutions Required. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
O.C.S O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 10 of 17
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 O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Beyond Expiration Date.
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff's Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff s
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff's Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices. The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governine Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Captions and Contract Lameuaee. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
O.C.S.O. 2019-2021 Law Enforcement services Agreement With City of Rochester Hills
Rev. November 2018 Page 11 of 17
36. Bindine Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Parry shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A. Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
-INTENTIONALLY LEFT BLANK-
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 12 of 17
IN WITNESS WHEREOF, Bryan K. Barnett, Mayor, for the City of Rochester Hills, hereby
acknowledges that he has been authorized by a resolution of the Municipality's governing body (a
certified copy of which is attached) to execute this Agreement on behalf of the Municipality and hereby
accepts and binds the Municipality to the terms and conditions of this Agreement on this day
of 2018.
WITNESSES: City of Rochester
a Michigan M 1c
BY:
L 1.i t ellC t'��4t4 Bryan Barn
Mayon_ (_
cam,,
Ti a arton
Cler
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby accepts and binds the County of Oakland to the terms and
conditions of the Agreement on this cR -Alday of c 0 2018.
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
/ 1 A
�1 CHAEff G' GELL
Chairperson, 'Oakland ounty Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts -And binds the County of Oakland to the
terms and conditions of the Agreement on thisc�f� day Lf 2018.
WITNESS:
OAKLANll COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL BOUCHARD,
Oakland County Sheriff
O.C.S.O. 2019-2021 Law Enforcement services Agreement With City of Rochester dills
Rev. November 2018 Page 13 of 17
Rank of
Sheriff s
Deputies
Contracted
Captain
Lieutenant
Patrol
Serqeant
Detective
Serqeant
Deputy It
(w/fill)
Deputy li
(no -fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no -fill)
Deputy I
(no -fill)
Technical
Assistant
Account
Clerk I
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR
AND TO BE
ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Charge for
Charge for
Annual
Charge for
Annual
Number of
each
Annual
each
Costs
each
Costs
Sheriffs
Sheriffs
Costs
Sheriffs
2020
Sheriffs
2021
Deputies
Deputy to
2019
Deputy to
Deputy to
Contracted
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
1
$7,434.12
$193,287
$7,631.69
$198,424
$7,883.02
$204,958
2
$6,410.34
$333,338
$6,592.89
$342,830
$6,780.49
$352,585
6
$5,800.20
$904,831
$5,964.26
$930,425
$6,132.68
$956,698
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
$163,851
$5,874.47
$6,038.75
$6,207.41
37
$5,115.24
$4,920,861
$5,264.55
$5,064,497
$5,417.93
$5,212,049
2 $4,844.28 $251,903 $4,981.82 $259,055 $5,122.88 $266.390
11 $5,324.86 $1,522,910 $5,486,43 $1,569,119 $5,652.72 $1,616,678
$4,707.87
$4,996.22
1 $3,283.88
$85,381
$3,349,57
$87,089
$3,416.55
1 $2,701.69
$70,244
$2,755.72
$71,649
$2,810.83
TOTAL 62
$8,437,465
$8,682, 305
NOTE: For each "Deputy II (w/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e_, a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraph 6.1 above.
NOTE: The O.C.S.O, will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
1
$88,830 1
$73,082 1
$8, 935,121
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Sheriff s Denk puties uties Regular Holiday RegularHolidayHoliday Additional
Contracted Holiday Pay Not Worked] Overtime Overtime Charges
Captain
INCLUDED
INCLUDED
NOT
NOT
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOTLUD
YES
INLUDNOT
IN
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Deputy II (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy II (no-
INCLUDED
NOT
NOT
NOT
YES
fill/no-vehicle)
INCLUDED
INCLUDED
INCLUDED
Patrol Investigator
INCLUDED
NOT
NOT
NOT
YES
(no -fill)
INCLUDED
INCLUDED
INCLUDED
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
2 Billed using the Overtime Hourly Rate indicated in Schedule C.
' "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.C.S,O. 2019-2021 Law Enforcement Services Ae eement With City of Rochester Hills
Rev. November 2018 Page 15 of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
$90.18
$61.32
$91.98
$62.55
$93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Detective
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy II
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy 11
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
Investigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy 1
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
PTNE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37,59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O,C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev, November 2018 Page 16 of 17
Regular Overtime
Hourly Rate Hourly Rate
2019 2019
Account Clerk I $25.51 $38.27
PTNE Office $19.51 $29.27
Assistant
Regular
Overtime
Regular
Hourly Rate
Hourly Rate
Hourly Rate
2020
2020
2021
$26.02
$39.03
$26.54
$19.90
$29.85
$20.30
Overtime
Hourly Rate
2021
$39.81
$30.45
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With City of Rochester Hills
Rev. November 2018 Page 17 of 17
OAKLAND COUNTY SHERIFF'S OFFICE
2019 - 2021 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF SPRINGFIELD
This Agreement is made and entered into between the Charter Township of Springfield, a
constitutional and municipal corporation and political subdivision of the State of Michigan, located
within Oakland County, whose address is 12000 Davisburg Road, Davisburg, MI 48350
("Municipality"), the COUNTY OF OAKLAND, a constitutional and municipal corporation and
political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a Michigan constitutional
officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. #38 East
("Sheriff').
INTRODUCTION
Whereas, the Municipality is authorized to provide Law Enforcement Services within the
Municipality; and
Whereas, the O.C.S.O. is authorized to provide Law Enforcement Services within Oakland County,
but absent an agreement such as this, has only a limited responsibility to provide Law Enforcement
Services within the Municipality; and
Whereas, the O.C.S.O. and the Municipality may enter into an agreement where the O.C.S.O. would
provide additional Law Enforcement Services within the Municipality; and
Whereas, the Municipality desires to contract with the O.C.S.O. for such additional Law Enforcement
Services; and
Whereas, the O.C.S.O. is agreeable to providing additional Law Enforcement Services within the
Municipality under the terms and conditions of this Agreement;
NOW. THEREFORE, in consideration of these premises and the mutual promises, representations,
and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriffs Office (`O.C.S.O.')" means the County and the Sheriff
jointly.
1.2 "Claims" means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
O.C.S O. 2019-2021 Law Enforcement services Agreement With Charter Township of Springfield
Rev. November 2018 Page I of 17
1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected and in that capacity.
1.4 "Municipality Agent" means any and all Municipality officials elected or appointed to a
Municipality office, and any and all Municipality employees, managers, departments,
divisions, volunteers, representatives, and agents. Municipality Agent also includes any
person who was a Municipality Agent anytime during the term of this Agreement but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.5 "Municipality Liaison" means the chief elected official of the Municipality (i.e., City
Mayor or Township Supervisor) or such other individual as designated in writing by the
Municipality Liaison to act in this capacity for all purposes under this Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriffs Deputy who is designated by the Sheriff to
maintain all lines of communication with the Municipality Liaison. The O.C.S.O. Liaison
will generally be the commanding officer of the Sheriffs Deputies contracted for and
assigned to provide Law Enforcement Services under this Agreement, if one, or a Sheriff s
Deputy designated, in writing, by the Sheriff to perform this function.
1.7 "Law Enforcement Services" means the prevention and detection of crime and the
enforcement of the general criminal and traffic laws of the State of Michigan, as provided
for by state statutes and Municipality ordinances, and will also include providing road
patrol, criminal apprehension, the necessary supervision of Sheriffs Deputies, responding
to matters concerning public safety, a breach of the peace and traffic crashes, and any and
all other governmental law enforcement functions that are authorized by law, as limited by
and to the extent of the numbers and ranks of Sheriff s Deputies contracted for and assigned
to provide Law Enforcement Services under this Agreement. Law Enforcement Services
shall not include any activity not authorized by law. Law Enforcement Services also shall
not include the services of any O.C.S.O. specialized unit or division such as its Marine
Safety Unit and Investigative and Forensic Services Division, which the O.C_S.O. uses to
provide services on a County -wide basis, unless expressly stated to the contrary herein.
Nevertheless, the O.C. S.O. will continue to provide the services of its specialized units and
divisions at no additional charge to the Municipality, to the same extent that the O.C.S.O.
continues to provide these services at no additional charge to all other communities within
Oakland County.
1.8 "Sheriff's Deputy" means any Captain, Lieutenant, Sergeant, Deputy II, Deputy 1, Patrol
Investigator, Detective, Sergeant, or any other person of any rank, classification, or title
who, pursuant to state law, is a sworn deputy of the Sheriff.
2. Law Enforcement Services in Accordance with Schedule A. The Sheriff will assign Sheriff s
Deputies in the numbers and ranks shown in Schedule A - Sheriffs DenutiCS Contracted for and
to be Assigned to Municipality, which is attached and incorporated herein, to provide Law
Enforcement Services within Municipality's corporate limits, including all private roads.
O.C.S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Springrield
Rev. November 2018 Pa-e 2 of 17
3. No Warrantv. Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Law Enforcement Services to Municipality, following generally accepted standards for police
protection, with the levels of staff provided for in Schedule A. However, this Agreement shall not
be interpreted to include any warranty, promise, or guarantee, either express or implied, direct or
indirect, or of any kind whatsoever in favor of the Municipality or any other person that the
O.C.S.O.'s provision of Law Enforcement Services under this Agreement will result in any specific
reduction or prevention of criminal activity within the Municipality or any other performance -
based outcome.
4. Sole Purnose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Law Enforcement Services in and for the Municipality with the levels of staff provided
for in Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement
does not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to
the O.C.S.O.'s Law Enforcement Services in favor of or to the benefit of any particular person
beyond that of the O_C.S.O.'s or any Sheriff s Deputy's law enforcement duty, as established under
existing law, to the general public.
5. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff s Deputies
contracted for and assigned to provide Law Enforcement Services under this Agreement will work,
during those hours that the Municipality is being charged, only on Municipality -related Law
Enforcement Services. However, any of these Sheriffs Deputies may be absent from the
Municipality, at the Municipality's expense, to provide Mutual Aid. "Mutual Aid" means when a
Sheriffs Deputy is temporarily called to the aid of another community due to an emergency or
other exceptional circumstance, or because a Sheriffs Deputy possesses a special skill or
qualification temporarily needed in another community.
6. Sheriffs DeDutv's Hours. Each Sheriffs Deputy assigned to provide Law Enforcement Services
under this Agreement will provide eighty (80) hours of Law Enforcement Services for the
Municipality during a biweekly period.
6.1 Times Spent Outside MnniCiDality Included in Hours Charged. Except as may otherwise
be expressly provided in Schedule A, the following time periods spent outside the
Municipality's corporate limits will be included in and counted toward the eighty (80) hours
of Law Enforcement Services for the biweekly period that it occurred.
6.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
beginning or end of any shift by any Sheriffs Deputy, if that Sheriffs Deputy's shift
begins or ends in Pontiac;
6.1.2 Attendance (not to exceed 100 hours per Sheriffs Deputy per calendar year) at any
O.C.S.O. authorized or required training session, function, or meeting;
6.1.3 Provision of any Mutual Aid;
6.1.4 Appearance in any court or at any meeting with any other law enforcement agency in
connection with any prosecution or court appearance related to the Law Enforcement
Services provided under this Agreement;
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6.1.5 Performance of any Municipality -related Law Enforcement Services that takes any
Deputy outside the Municipality's corporate limits; and
6.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, or any
other approved, paid leave (except any paid disciplinary leave and/or long-term
disability leave extending beyond a period of five (5) working days) granted to any
Sheriffs Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or
employment contracts.
7. Shift Assignments. Subject to the Sheriffs right to consolidate the assigned shifts of Sheriffs
Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs,
the Sheriff will assign shifts to Sheriffs Deputies contracted for under this Agreement so as to
provide the broadest possible coverage of Law Enforcement Services to the Municipality.
8. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the
Municipality Liaison at the O.C.S.O., by appointment, during normal business hours.
9. Overtime. Subject to the Sheriff s sole discretion and judgment as to the county -wide prioritization
of resources and law enforcement needs, additional Law Enforcement Services beyond the 80
hours per biweekly period for each Sheriffs Deputy contracted for under this Agreement, as
provided for in Schedule A, may be made available by the Sheriff to the Municipality on an
overtime basis.
9.1 When Municipality Annroval Needed. Except for overtime incurred due to late calls,
report writing, court appearances, emergencies (including, but not limited to, unanticipated
and last-minute position fill-in scheduling decisions), or holiday pay overtime as shown in
Schedule B - Holidav Pav, which is attached and incorporated herein, all other overtime
charges incurred by any Sheriffs Deputy contracted for under this agreement, which are
charged to the Municipality, shall be approved, in advance, in writing, by the Municipality
Liaison.
9.2 Invoice for Overtime. Overtime charges will be invoiced to and paid at the yearly rate in
which they were performed by the Municipality directly to the County at the "Overtime
Hourly Rates" shown in Schedule C - Hourly Rates. which is attached and incorporated
herein, and will be in addition to any amounts otherwise due and owing under the terms of
this Agreement. However, in the unlikely event that the O.C.S.O. is able to provide
additional Law Enforcement Services beyond the 80 hours per biweekly period, as
requested by the Municipality, without the O.C.S.O. actually incurring any direct or
indirect obligation to pay any overtime premium to any Sheriffs Deputy as a result, then
those additional hours of Law Enforcement Services that the O.C.S.O. does not incur any
overtime obligation will be calculated and invoiced in accordance with the "Regular
Hourly Rates" shown in Schedule C.
9.3 Holidav Pay. All holiday pay charges to the Municipality will be calculated and invoiced
in accordance with Schedule B.
10. No Assignment/Delegation/Subcontract. The Municipality shall not assign, delegate,
subcontract, or otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriffs
O-C S.O. 2019-2021 Law Enforcement services Agreement With Charter Township of Springfield
Rev. November 2018 Pagge 4 of 17
Deputy's services, duties, or obligations under this Agreement to any other public or private
person, corporation, entity, or organization of any kind.
11. Additional Law Enforcement Services. If, due to some unusual Municipality circumstance, the
Municipality perceives the need for any additional Law Enforcement Services beyond those
contracted for in Schedule A, the Municipality will address such concerns for additional Law
Enforcement Services to the Sheriff.
12. Municipalitv's Pavment Obligations. The Municipality will pay the O.C.S.O. for all Law
Enforcement Services provided pursuant to this Agreement at the Sheriff's Deputies' biweekly
rates shown in Schedule A. The Municipality further agrees to reimburse the O.C.S.O. for any
and all additional hours of work, overtime, and holiday pay costs incurred by the O.C.S.O. in
providing Law Enforcement Services to the Municipality under the terms of this Agreement.
111 Yearly Rates Set by County Board of Commissioners. The Municipality understands
that the yearly rates for Law Enforcement Services are determined and set by the Oakland
County Board of Commissioners. The Municipality will pay the O.C.S.O. at the yearly
rates set by the Oakland County Board of Commissioners for all Law Enforcement
Services performed in those years.
12.2 Invoice. For every biweekly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff's Deputy provides any Law Enforcement Services to
the Municipality under the terms of this Agreement, the O.C.S.O. will prepare and send to
the Municipality an invoice that sets forth the biweekly amount due for each Sheriff's
Deputy's hours of Law Enforcement Services provided during that biweekly period, plus
any charges for any additional hours of work, overtime, and holiday pay, as provided for
herein, during that biweekly billing period. All overtime charges will be itemized and
designated for the reason incurred. The Municipality agrees to pay to the County the full
amount due on any such invoice within 30 days of the invoice date.
13. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies due under
this Agreement, the following remedies shall be available to the County on an ongoing basis:
13.1 Setoff or Retention of Municipal Funds. The Municipality agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset of retain the amount due from any other Municipality funds that are in the
County's possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be
deemeda voluntary assignment of the amount due by the Municipality to the County. The
Municipality waives any Claims against the County or County Agents for any acts related
to the County's offsetting or retaining such amounts. This paragraph shall not limit the
Municipality's legal right to dispute whether the underlying amount retained by the
County was actually due and owing under this Agreement
13.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then -maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other amounts
due to the County under this Agreement. Interest charges shall be calculated using the
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daily unpaid balance method and accumulate until all outstanding amounts and
accumulated interest are fully paid.
13.3 Other Rights/Remedies. The County may pursue or exercise any and all other legal
rights or remedies against the Municipality to secure reimbursement of any overdue
amounts.
13.4 Costs and Expenses for Securing Pavment. If the County pursues any legal action in
any court to secure payment, the Municipality agrees to pay all costs and expenses,
including attorney's fees and court costs incurred by the County in the collection of any
amount owed by the Municipality.
14. Indenendent Contractor Status. Neither the O.C.S.O. nor any Sheriffs Deputy, by virtue of this
Agreement or otherwise, shall be considered or claimed to be an employee of the Municipality. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Municipality shall be that of an independent contractor. The Municipality also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
Municipality, the Municipality shall not state, suggest, or imply that any employment status or
employment relationship exists between any Sheriff's Deputy and the Municipality.
15. O.C.S.O. is Sole and Exclusive Enmlover of Sheriffs Deputies. The Municipality and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff s Deputies.
16. Terms and Conditions of Emplovment for Sheriff's Denudes. This Agreement does not create,
change, modify, supplement, supersede, or otherwise affect or control, the terms or conditions of
employment of any Sheriffs Deputy with the O.C.S.O., any applicable O.C.S.O. employment or
union contract, and any O.C.S.O, rules, regulations, hours of work, shift assignments, orders,
policies, procedures, directives, ethical guidelines, etc., which shall, solely and exclusively, govern
and control the employment relationship between the O.C.S.O. and any Sheriffs Deputy and the
conduct and actions of any Sheriff s Deputy.
16.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
16.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriffs Deputy or any other person who, in
the Sheriff s sole judgment, he does not believe is qualified or otherwise fit to
be a Sheriff s Deputy.
16.1.2 The O.C.S.O-'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriffs
Deputy or pay any and all Sheriffs 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 Sheriffs Deputy with
the O.C.S.O., subject only to its collective bargaining agreements.
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16.1.3 The Sheriffs sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and any other
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriffs Deputy, any necessary Sheriff s Deputy's training standards or
proficiencies, any level or amount of required supervision, any standards of
performance, any sequence or manner of performance, and any level of
experience, training, or education required for any Sheriff s Deputy performing
any O.C.S.O. duty or obligation under the terms of this Agreement.
17. No Municinalitv Control of Sheriff's Deputies. Neither the Municipality nor any Municipality
Agents shall provide, furnish, or assign any Sheriffs Deputy with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train,
or direct any Sheriffs Deputy in the performance of any Law Enforcement Services under the
terms of this Agreement. Except as expressly provided for under the terms of this Agreement, no
Sheriffs Deputy while acting under the terms of this Agreement shall perform any services directly
or otherwise be available to perform any other work or assignments for the Municipality or
Municipality Agents, and no Sheriffs Deputy shall be otherwise employed or utilized in any
manner by the Municipality.
18. Sheriff's Deouties Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriffs Deputies' wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff s Deputy's status as an employee
of the O.C.S.O.
19. Sheriffs Deouties Shall Not Be Paid by Municinalitv. Except as expressly provided otherwise
in this Agreement, the Municipality shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, or any other thing of value, either directly or indirectly, to any
individual Sheriff s Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., portable telephones,
portable computers, beepers, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Municipality, either directly
or indirectly, to any individual Sheriffs Deputy.
20. Sheriff's Denuties' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this
Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriffs Deputies
with all tools, automobiles, radios, communications equipment, firearms, and any and all other
equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion
of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
exclusively responsible for any and all Sheriff s Deputy's professional expenses, licenses, uniform
or equipment costs, insurance, supplies, etc.
20.1 Exception for Pavers Bearine Municinalitv's Name. Any stationery, notices, forms,
Municipality ordinance appearance tickets, and other papers that are required to bear the
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name of the Municipality will be supplied to the O.C.S.O. by the Municipality at the
Municipality's sole cost and expense.
202 Municioalitv's Rearrest for Soecial Eauioment_ 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 O.C.S.O., which shall
solely decide whether such personal property or special equipment shall be provided. Any
and all such equipment to be provided by the Municipality shall be provided directly and
exclusively to the O.C.S.O., and then only pursuant to a separate, written lease agreement
between the Municipality and the County. No personal property, supplies, or other
equipment, nor the use thereof, shall be provided or made available by the Municipality
directly to any Sheriffs Deputy, except through a written lease as provided for in this
paragraph.
21. Municipality Substation. The Municipality may, in its discretion and in such locations and
circumstances as it decides, provide suitable office space, office equipment, all required office
utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines,
typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing
areas, etc.) in Municipality -owned or leased buildings to the O.C.S.O. for use by Sheriffs Deputies
assigned to the Municipality, which shall be referred to as a "Municipality Substation." The
O.C.S.O. may provide or supplement any existing desks, chairs, copying machines, fax machines,
etc. located in the Municipality Substation with O.C.S.O. personal property and equipment.
21.1 Benefit to Municioalirv. The Municipality acknowledges that it benefits from providing a
Municipality Substation because it would give its residents a specific location within the
Municipality to report criminal activity and seek Law Enforcement Services, and it would
minimize the amount of time that Sheriffs Deputies would spend outside the Municipality
because, without a substation, the Sheriffs Deputies will begin and end their Law
Enforcement Services work shifts at the main O.C.S.O. law enforcement complex in Pontiac,
MI instead of within the Municipality.
21.2 Mutual Agreement Reouired for Provision and Use of Munieinality Substation. The
Municipality's provision of any Municipality Substation and the use of any Municipality
Substation by the O.C.S.O. will be by mutual agreement and consent of the Parties. Under no
circumstances will the Municipality be obligated under the terms of this Agreement to provide
any Municipality Substation, nor shall the O.C.S.O. be obligated to use any such Municipality
Substation if offered. If the Municipality decides that it will offer to provide the O.C.S.O.
with a Municipality Substation, and the O.C.S.O. agrees to use such facilities, the following
terms and conditions shall apply:
212.1 Revocable, Nonexclusive License. Use of the Municipality Substation shall be
deemed to be a Municipality grant of a revocable, nonexclusive license over that
portion of such Municipality premises for use by the O.C.S.O. for providing Law
Enforcement Services under this Agreement.
212.2 Maintenance and Utilities. The Municipality will be responsible for maintenance of
the premises, which includes: any necessary repairs, improvements, installation and
maintenance of all necessary security locks, devices and fire safety devices and safety
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Rev. November 2018 Pa-e 8 of 17
precautions, reconstruction, custodial services, including rubbish and trash removal,
and also includes the provision of utilities required to operate the facility for the
purposes of this license, including, but not limited to, heat, air conditioning, power, and
water (but excluding any monthly telephone charges for any permanently installed
Municipality Substation telephones), at no cost to the O.C.S.O.
21.2.3 Duration of License. Use of any Municipality Substation license shall end upon the
termination or expiration of this Agreement as provided herein. Any Substation
License shall also be terminable, at any time and for any reason, by the Municipality,
the County, or the Sheriff.
21.2.4 Waiver of Subrogation. Sheriffs Deputies will use due care in their use of any
Municipality Substation. The Municipality agrees that the Municipality and the
Municipality's insurance carrier will waive all rights of subrogation against the County
for any loss or damage to the Municipality Substation premises or property which is
owned or insured by the Municipality. The Municipality will provide the County with
a certificate of insurance that contains the following language: "The Municipality and
the Insurance Carrier named herein agree to waive all rights of subrogation against
Oakland County for any loss or damage to premises or property owned by or insured
by the Municipality." The Municipality will provide this Certificate of Insurance to:
Atm. Business Manager, Oakland County Sheriffs Office, County Service Center,
Bldg. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044, prior to
January 1, 2019. All certificates of insurance are subject to approval by the Oakland
County Office of Risk Management.
22. No Transfer. Delegation. or Assignment of Municinalitv's Duties. Except as expressly provided
for in this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign
to the County, the Sheriff, or any Sheriffs Deputy any civil or legatresponsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the
Municipality under existing law.
23. Communications With Municipality Liaison. The Municipality Liaison may contact the
O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law
enforcement needs and services within the Municipality, or to provide other relevant information.
The Municipality Liaison may also bring to the Sheriff s attention any concerns that the
Municipality may have regarding the assignment of any Deputy to the Municipality. The Sheriff
shall provide the Municipality Liaison an opportunity to interview and meet any command officers
before they are assigned to the Municipality. However, the Sheriff s decision on the assignment of
any Sheriffs Deputy shall be final. The O.C.S.O. Liaison will keep the Municipality Liaison
reasonably informed regarding Municipality -related Law Enforcement Services, unless such
communication would interfere with an ongoing criminal investigation or prosecution, and advise
the Municipality Liaison, as soon as practicable, of any changes in any Sheriff s Deputy contracted
for and assigned to perform Law Enforcement Services under the terms of this Agreement.
24. Allegations of Imorooer Conduct of Sheriffs Deouty. If the Municipality learns of any act or
allegation involving any Sheriffs Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Municipality will
promptly notify and provide the Sheriff with any and all information that it has regarding the
matter. The Municipality will also promptly deliver to the Sheriff written notice and copies of any
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Rev. November 2018 Page 9 of 17
complaint, charge, or any other allegation of wrongdoing, whether civil or criminal in nature, that
the Municipality becomes aware of regarding any Sheriffs Deputy. The Municipality agrees to
cooperate with the O.C.S.O. in any investigation conducted by the Sheriff into the character and
fitness of any Deputy.
25. Responsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Municipality and County Agents.
25.1 Legal Representation. For any Claims that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees.
25.2 No Indemnification. Except as otherwise provided in this Agreement, neither Party
shall have any right under any legal principle to be indemnified by the other Party or the
other Party's respective Municipality and County Agents in connection with any Claim.
26. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty
or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Law Enforcement Services. This Agreement does not, and is not- - — -
intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other
legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of the
Sheriff, the County, or the Sheriff's Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriffs Deputy or
any Sheriffs Deputy's agent, representative, or union.
27. Term. Subject to Paragraph 29 (Resolutions Required), this Agreement will become effective at
12:00:00 A.M., January 1. 2019, and shall remain in effect until it expires without any further act
or notice, at 11:59:59 P.M. on December 31. 2021. Upon the expiration of this Agreement, all
further obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under
the terms of this Agreement shall end.
28. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Law Enforcement Services to the Municipality under the
terms of this Agreement shall end. In the event that the Municipality terminates this Agreement
or elects not to enter into a subsequent agreement because it decides to establish its own police
department, the Municipality will consider for employment in its police department any Sheriffs
Deputy who may be laid off by the O.C.S.O. as a result of this decision, but in no event will the
Municipality be obligated to hire any such Sheriffs Deputy.
29. Resolutions Reuuired. This Agreement and any subsequent amendments shall not become
effective prior to the approval by concurrent resolutions of the County Board of Commissioners
and the Municipality's governing body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the County Board of Commissioners and the
Municipality's governing body, and shall also be filed with the office of the Clerk for the County
O.C.&O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Springfield
Rev. November 2013 Page 10 of 17
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 O.C.S.O., and shall not become
effective or implemented prior to its filing with the Secretary of State.
30. New Agreement Required to Continue Law Enforcement Services Bevond Expiration Date
If the Municipality wishes to enter into a new agreement for Law Enforcement Services upon the
expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent no later than July
31, 2021. This paragraph does not obligate the O.C.S.O. or the Municipality to continue any
Agreement for any Law Enforcement Services beyond the expiration of this Agreement unless a
new contract is fully executed by the Parties.
31. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 12 (Municipality's Payment
Obligations), Paragraph 13 (Failure to Pay), Paragraph 15 (O.C.S.O. is Sole and Exclusive
Employer of Sheriff s Deputies), Paragraph 16 (Terms and Conditions of Employment for Sheriff's
Deputies), Paragraph 22 (No Transfer, Delegation, or Assignment of Municipality's Duties),
Paragraph 24 (Allegations of Improper Conduct of Sheriff s Deputy), Paragraph 25 (Responsibility
of Claims), Paragraph 26 (Reservation of Rights), Paragraph 30 (New Agreement Required to
Continue Law Enforcement Services Beyond Expiration Date), Paragraph 31 (Survival of Terms
and Conditions), Paragraph 32 (Notices), Paragraph 33 (Governing Law), Paragraph 34 (Captions
and Contract Language), Paragraph 35 (Waiver), Paragraph 36 (Binding Affect), Paragraph 38
(Cumulative Remedies), Paragraph 39 (Severability), and Paragraph 40 (Entire Agreement).
32. Notices, The Parties will send all correspondence and written notices required or permitted by this
Agreement to each signatory to this Agreement, or any signatory's successor in office, by first
class mail to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered delivered to a Party as of the date that such
notice is deposited with sufficient postage with the U.S. Postal Service.
33. Governing Law. This Agreement is made and entered into in the State of Michigan and shall in
all respects be interpreted, enforced and governed under the laws of the State of Michigan.
34. Cantions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
party. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminme, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
35. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
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Rev. November 20 tS Pa¢e I I of 17
36. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the
Municipality to the extent permitted by law, upon their successors and assigns, and upon all persons
acting by, through, under, or in concert with any of them.
37. Amendments. This Agreement shall not be changed or supplemented orally. This Agreement may
be amended only by concurrent resolutions of the County Board of Commissioners and the
Municipality's governing body following the procedures set forth in Paragraph 29 (Resolutions
Required).
38. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
39. 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 or conditions shall remain in full force and effect.
40. Entire Agreement. This Agreement, including Schedule A, Schedule B, and Schedule C,
represents the entire agreement and understanding between the Parties regarding the O.C.S.O.'s
provision of Law Enforcement Services to the Municipality. This Agreement supersedes all other
prior oral or written understandings, communications, agreements, or contracts between the Parties
in any way related to the subject matter hereof.
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IN WITNESS WHEREOF, Collin W. Walls, Supervisor for the Charter Township of Springfield,
hereby acknowledges that he has been authorized by a resolution of the Municipality's governing body
(a certified copy of which is attached) to execute this Agreement on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this
day of 2018.
WITNESSES:
Charter Township of Springfield
a Michigan Municipal Corporation
/
Collin W. Walls
Supervisor
BY:
Laura Moreau
Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on
behalf of the County of Oakland and hereby, accepts and binds the County of Oakland to the terms and
conditions of the Agreement on this y r day of 1 r 2018,
WITNESS:
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
A
1GICCHfiEL J;-�INGEL
Chairperson,l Oakla ` County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby cepts and binds the County of Oakland to the
terms and conditions of the Agreement on tlu l day 2018.
WITNESS:
OAKLAND COUNTY SHERIFF, a Michigan
Constitution Officer
a:
B . 11 r
MICHAW). BOUCHARD,
Oakland County Sheriff
O.C.S.0. 2019-2021 Law Enforcement Servico, Aereement With Charter Toi nship of Springfield
Rev. November 2018 Page 13 of 17
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Biweekly
Biweekly
Biweekly
Rank of
Number of
Charge for
Charge for
Annual
Charge for
Annual
Sheriffs
Sheriff's
each
Annual
each
Costs
each
Costs
Deputies
Deputies
Sheriffs
Costs
Sheriff's
2020
Sheriff's
2021
Contracted
Contracted
Deputy to
2019
Deputy to
Deputy to
Municipality
Municipality
Municipality
in 2019
in 2020
in 2021
Captain I
$7,434.12
$7,631.69
$7,883.02
Lieutenant
$6,410.34
$6,592.89
$6,780.49
Patrol
Sergeant
$5,800.20
$5,964.26
I
$6,132.68
Detective
Sergeant
1
$5,950.40
$154,710
$6,123.75
$159,217
$6,301.96
$163,851
Deputy 11
(w/fil I)
9
$5,874.47
$1,374,626
$6,038.75
$1,413,068
$6,207.41
$1,452,534
Deputy II
(no -fill)
$5,115.24
I
$5,264.55
I
$5,417.93
Deputy II
(no-fill/no-
$4,844.28
$4,981.82
$5,122.88
vehicle)
Patrol
Investigator
1
$5,324.86
$138,446
$5,486.43
$142,647
$5,652.72
$146,971
(no -fill)
Deputy 1
(no -fill)
$4,707.87
$4,850.08
I
$4,996.22
TOTAL
11
$1,667,782
$1,714,932
$1,763,356
NOTE: For each "Deputy II (w,/fill)" identified above, the O.C.S.O. will, at no additional
cost to the Municipality, provide a substitute Sheriff's Deputy (i.e., a "fill-in") to provide
Law Enforcement Services to the Municipality whenever a contracted "Deputy II (w/fill)"
is absent from the Municipality during any 80 hour biweekly period for any reason except
those reasons enumerated in Paragraphs 6.1.1 — 6.1.5 above.
NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff's
Deputy contracted for and assigned to perform Law Enforcement Services under this
Agreement.
QCS.O. 2019-2021 Law Enforcement services Agreement with Charter Township of Springfield
Rev. November 2018 Page 14 of 17
SCHEDULE B
HOLIDAY PAY
Rank of
Regular
Sheriff's Deputies
Regular
�
Holiday Pay —
Holiday
Overtime
Additional
Contracted
Holiday Pay
Not Worked
Overtime'
Charges
Captain
INCLUDED
INCLUDED
NOT
NOT
NO
ELIGIBLE
ELIGIBLE
Lieutenant
INCLUDED
OPTIONAL'
NOT
NOT
YES
INCLUDED
INCLUDED
Patrol Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Detective Sergeant
INCLUDED
OPTIONAL
NOT
NOT
YES
INCLUDED
INCLUDED
Deputy II (w/fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
NO
Deputy II (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
Deputy II (no-
NOT
NOT
NOT
fill/no-vehicle)
INCLUDED INCLUDED
INCLUDED
INCLUDED
YES
Patrol Investigator
NOT
NOT
NOT
(no -fill)
INCLUDED
INCLUDED
INCLUDED
INCLUDED
YES
Deputy I (no -fill)
INCLUDED
NOT
NOT
NOT
YES
INCLUDED
INCLUDED
INCLUDED
NOTE: As used above, "INCLUDED" or "NOT INCLUDED" mean whether or not these costs are included in the
biweekly charges shown in Schedule A.
1 Billed using the Regular Hourly Rate indicated in Schedule C. "INCLUDED" is calculated
using 5 paid leave days in lieu of 3 holidays. In December, communities with No -Fill Deputies
(I & II's) will be charged for 2 days (16 hours) at the Regular Hourly Rate.
'— Billed using the Overtime Hourly Rate indicated in Schedule C.
' "OPTIONAL" means that it will depend on the O.C.S.O's holiday schedule, the individual's
work schedule, and the collective bargaining agreement.
O.0 S.O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Springfield
Rev. November 2018 Page IS of 17
SCHEDULE C
HOURLY RATES
Regular
Overtime
Regular
Overtime
Regular
Overtime
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
2019
2019
2020
2020
2021
2021
Captain
N/A
N/A
N/A
N/A
N/A
N/A
Lieutenant
$60.12
I $90.18
$61.32
$91.98
$62.55
$93.82
Patrol
Sergeant
$54.53
$81.79
$55.62
$83.43
$56.73
$85.10
Detective
$54.53
581.79
$55.62
$83.43
$56.73
$85.10
Sergeant
Deputy 11
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(w/fill)
Deputy 11
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no/fill)
Deputy 11
(no-fill/no-
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
vehicle)
Patrol
ivestigator
$46.21
$69.31
$47.11
$70.67
$48.05
$72.07
(no -fill)
Deputy I
$41.25
$61.88
$42.08
$63.12
$42.92
$64.38
(no -fill)
THE Deputy
$24.09
$36.14
$24.57
$36.86
$25.06
$37.59
Technical
$32.60
$48.91
$33.25
$49.87
$33.91
$50.87
Assistant
O.0 S O. 2019-2021 Law Enforcement Services Agreement With Charter Township of Springfield
Rev. November 2019 Page 16 of 17
Regular Overtime Regular
Hourly Rate Hourly Rate Hourly Rate
2019 1 2019 2020
Account $26.02
Clerk 1 $25.51 $3827
PTNE Office $19.90
Assistant $19.51 $29.27
Overtime
Regular
Hourly Rate
Hourly Rate
2020
2021
$39.03
$26.54
$29.85
$20.30
Overtime
Hourly Rate
2021
$39.81
$30.45
O C.S.0.2019-2021 Law Enforcement Services Agreement With Charter Township of Springfield
Rev. November 2018 Page 17 of 17
LAW ENFORCEMENT PLAN FOR UNICORPORATED AREAS OF
OAKLAND COUNTY
This Law Enforcement Plan is written pursuant to the provisions of Public Act 416 of 1978, as
amended by Act 313 of the Public Acts of 1982, being sections 51.76 and 51.77 of the Michigan
Complied Laws. This Plan exists between the Oakland County Sheriffs Office and the Michigan
Department of State Police as represented by the undersigned parties, and as referred to herein as
the "Agencies".
The established principle of mutual cooperation and assistance between the two Agencies has
served to enhance the level of law enforcement in the unincorporated areas of the county. It is,
therefore, agreed between the Agencies that the following is the official policy with regard to the
unincorporated areas with Oakland County.
1. The efficient, courteous, professional services to the public shall be the primary concern of
both Agencies.
2. The Oakland County Sheriffs Office shall respond to all requests for law enforcement
services within its contracted communities. The Michigan State Police shall respond to any
request for law enforcement services within its jurisdiction whenever possible.
3. When either Agency receives an emergency call, such as a personal injury accident or a
crime in progress, and is unable to respond immediately because of unavailability of
personnel, distance from the scene, or traffic density, road configuration, or other facts that
limit the practical realities of an efficient response, the call shall be referred to the another
Agency which may be better able to respond promptly.
4. When it can be expected that the other Agency can respond more quickly, or be of
assistance, it shall be the practice of both Agencies to promptly notify each other of all such
emergency calls,
5. To the extent practical, the law enforcement officers of the Sheriffs Office who are assigned
to the Secondary Road Patrol (SRP) program shall be directed to the unincorporated areas
of the county.
6. In those instances where unincorporated areas, other than Addison Township, because of
geographic location, are more accessible to the Michigan State Police, that Agency shall,
to the extent practical, incorporate into their patrol schedules those areas in a mariner
necessary to meet the needs of the public.
7. In those instances where state trunk lines or freeways, because of geographic location, are
more accessible to the Sheriffs Office due to their location within a contracted community,
that Agency shall, to the extent practical, incorporate into their patrol schedules those areas
in a manner necessary to meet the needs of the public.
Page 2
Law Enforcement Plan
8. Whenever unusual circumstances exist which require increased law enforcement services
in their respective jurisdictions, both Agencies shall cooperate to meet such needs.
This plan shall be reviewed periodically by the administrative heads of the two Agencies, and
revised as agreed upon by both Agencies. A copy of this Plan, signed by both Agencies, shall be
forwarded to the Office of Highway Safety Planning.
taut Uate Miller Pes—tLieutenant
Commander Patrol Services Division
Oakland County Sheriffs Office
Keyonn Whitfield
Michigan State Police
Metro North Post #21
Date Date
QUANTITY DESCRIPTION
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
SERIAL NUMBER
LTI Upgrade included: Angle Encoder and TDS Recon Angle Encoder: AE001217
with all attachments and cables, Angle Encoder Tripod, TDS Recon. CS18A10473
Tribrach with all adapters, Data Collector Program,
Prism, and Prism Pole
LTI Upgrade included Angle Encoder and TDS Recon Angle Encoder: AE001379
with all attachments and cables, Angle Encoder Tripod, TDS Recon: CS18A10562
Tribrach with all adapters, Data Collector Program,
Prism, and Prism Pole
LTI Upgrade included: Angle Encoder and TDS Recon Angle Encoder AE001371
with all attachments and cables, Angle Encoder Tripod, TDS Recon: CS18A10503
Tribrach with all adapters, Data Collector Program, (Broken screen)
Prism, and Prism Pole
LTI Upgrade included: Angle Encoder and TDS Recon Angle Encoder: AE001380
with all attachments and cables, Angle Encoder Tripod, TDS Recon: CS19A12813
Tribrach with all adapters, Data Collector Program,
Prism, and Prism Pole
SMART Cart VMS Model II
1 K9BM11176G118029
SMART VMS Easy Host Software
N/A
SMART VMS Traffic Statistics Package
N/A
Nikon Camera D70S Package included:
Camera, 18-70
Camera: 3173505
mm Lens, SB-800 Flash, 512
Lens: US3338344
MB Card, and Card Reader
Flash: 2576345
Nikon Camera D70S Package included:
Camera, 18-70
Camera: 3170280
mm Lens, SB-800 Flash, 512
Lens: US356076
MB Card, and Card Reader
Flash: 2576354
Nikon Camera D70S Package included:
Camera, 18-70
Camera: 3173050
mm Lens, SB-800 Flash, 512
Lens: US3342116
MB Card, and Card Reader
Flash: 2576350
Nikon Camera D70S Package included:
Camera, 18-70
Camera 3173046
mm Lens, SB-800 Flash, 512
Lens: US3341540
MB Card, and Card Reader
Flash: 2576344
Bosch CDR, cables & software updates
N/A
Total Station Nikon Nivo 5M Reflectorless
OCSO ID #14930
Total Station Nikon Nivo 5M Reflectorless
OCSO ID #11935
Trimble TDS Recon
DS66A34071
Trimble TDS Recon
DS66A34147
Nylon Carry Case for Trimble TDS Recon
N/A
TDS Recon 40OX w/Bluetooth software update
N/A
TPM FX3 Drawing Program (FX3 Pro Recon)
N/A
N/A
4 TPM FX3 Drawing Program (FX3 Pro Recon+)
FX3 Drawing Program (FX3 Pro Recon+ w/ N/A
2 3D)
TPM FX3 Drawing Program Update Protection
/ Renewal (FX3 Pro Recon+ update protection)
2
N/A
1
Total Station Nikon Nivo 3M Reflectorless
OCSO ID #117398
mFX Suite w/ Trimble Recon 400X w/Bluetooth (mFX
Pocket Pro Trimble Recon)
1
DSATA55123
1
Nylon Carry Case for Trimble Recon
N/A
1
Online training - 3 day Basic Programming
N/A
Camera: 3573641
1
Nikon D-90 Camera Kit w/ 18-105 mm lens
Lens: US36612600
Nikon SB-700 TTL AF Mount Speedlight
1
(Flash)
Flash:2466549
1
16GB memory card
N/A
1
Pelican 1500 Watertight Hard Case
N/A
ProMaster Compact Flash USB 2.0 Card
1
Reader
N/A
1
Promaster UV Filter 67mm
N/A
Traffic Safety Cart - SpeedAlert 24 Radar
1
Message Sign 9RMS)
24973514082930
Trailer (ATSS) - included in price of Traffic
1
Safety Cart
1 B9AF5110EP825307
1
Lieca GS 13RTK Head
37t0080
1
Lieca GSI3RTK Head
3710082
1
Lieca GSI3RTK Head
3710098
I Lieca GS13RTK Head 3710089
1 Lieca GSI3RTK Head 3710069
1 Lieca CS20 Data Controller 2477157
1 Lieca CS20 Data Controller 2477183
1 Lieca CS20 Data Controller
2477154
1 Lieca CS20 Data Controller 2477158
1 Lieca CS20 Data Controller 2477133
1 Lieca Battery Charger 43005
I
1
1
5
5
5
1
I
1
1
Lieca Battery Charger
39188
Lieca Battery Charger
43047
Lieca Battery Charger
39204
Lieca Battery Charger
43049
Lieca Controller to Nikon Total station Cable
V Crash Dongle access
Lieca RTK Pole
DJJ Matrice 210 V2 sUAS
17TDGC2R1375LX
Zenmuse 30 x optical camera for sUAS
GDIDG1106000555
Zemuse X4s 20 megapixel camera for sUAS OCGDED15000377
FUR XT2 Thermal camera for sUAS 18NDGA18010107
1 Crystal Sky Monitor OKNDGBV005E02R
1 Crystal Sky Monitor I CLDI1190C2856T
I Cendence S Remote Controller IANDG5MOC13Z82 I
I Cendence S Remote Controller IANDGC5RG81RD45 I
1 DJ I Quick Charger battery bank 8096
DATE PUT IN SERVICE DATE OF
OR PURCHASED COST DISPOSAL DISPOSAL METHOD
No longer in use, holding
9/24/2006 $5,940.50 for historical purpose
No longer in use; holding
9/24/2006 $5,940.50 for historical purpose
No longer in use; holding
9/24/2006 $5,940.50 for historical purpose
No longer in use, holding
9/24/2006
$5,940.50
for historical purpose
9/26/2006
$19,630.00
in use
9/26/2006
$2,495.00
in use
9/26/2006
$2,195.00
in use
9/26/2006
$1,348.00
in use
9/26/2006
$1 348.00
in use
9/26/2006
$1,348.00
in use
9/26/2006
$1,348.00
in use
4/2912010
$4,044.00
in use
6/01/2010
$6,869 50
in use
6/01/2010
$6,869.50
in use
6/01/2010
$728.20
in use
6/01/2010
$728.20
in use
6/01/2010
$27.50
in use
6/01/2010
$4,851.00
in use
6/01/2010
$395.10
in use
6/01/2010 $3,596.40 in use
3/12/2013 $9,990 00 in use
3/12/2013
$999.00
in use
3/12/2013
$8,030.00
in use
3/12/2013
$2,695.00
in use
included w/
3/12/2013
Trimble Recon
in use
device
3/1212013
$150 00
in use
3/30/2013
$828.00
in use
3/30/2013
$338.00
in use
3/30/2013
$39.38
in use
3/30/2013
$130.00
in use
3/30/2013
$22.00
in use
3/30/2013
$24 00
in use
9/04/2014
$18,798.00
in use
9/04/2014
$0.00
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
8/30/2019
in use
9/16/2020
in use
9/6/2019
in use
9/6/2020
in use
5/26/2020
$29,826
In use
included with
5/26/2020
drone
in use
Included with
5/26/2020
drone
In use
5/26/2020
included with
In use
drone purchase
included with
5/26/2020
drone purchase
In use
included with
5/26/2020
In use
drone purchase
5/26/2020
included with
in use
drone purchase
5/26/2020
included with
In use
drone purchase
included with
5/26/2020
in use
drone
Secondary Road Patrol
Program Report Requirements for Fiscal Year 2022
! IMPORTANT NOTICE!
Permanent Change to Method of Submissions
QUARTERLY FINANCIAL REPORTS must be submitted via email with signatures* and received by the Office of Highway Safety Planning
(OHSP) no later than 20 days following the end of each quarter. A copy of the county's general ledger must be included with the report.
The QUARTERLY FINANCIAL REPORT is the basis for reimbursement of expenditures incurred by the county.
SEMI-ANNUAL PROGRAM REPORT is to be completed twice during the grant period. Each report will contain data for two quarterly
periods. The mid year report will cover the period October 1 through March 31 (Quarter 1 and Quarter 2) and is due to OHSP by April 20.
The year end report will cover the period April 1 through September 30 (Quarter 3 and Quarter 4) and is due to OHSP by October 20. A
signed conv of the semi-annual program report is required to be submitted by email.
ANNUAL PROGRAM REPORT covers the period October 1 through September 30, and is due to OHSP on October 20 following the end of
the grant year. A signed copy of the annual program report is required to be submitted by email.
The quarterly financial report, semi-annual program report, annual program report, and contract adjustment request forms are available
on the Secondary Road Patrol website at www.michigan.aov/ohsn-srn, click on SRP forms.
_.- - -- --- - -----
ANNUAL .,,,, ,1ST QUARTER 2ND QUARTER I 3RD QUARTER 4T1 QUARTER
---- - --- -
SRP GRANT APPLICATION*
*September 1,
2021
QUARTERLY FINANCIAL
*January 20, *April 20, 2022 *July 20, 2022 *October 20,
REPORT*
2022 2022
SEMI-ANNUAL PROGRAM
April 20, 2022 October 20,
REPORT
2022
ANNUAL REPORT
October 20,
2022
416 DEPUTY OF THE YEAR
------- --
:June 30, 2022
NOMINATION
-- ------------
REPORTING OF YEAR END
October 11,
PAYAHLES
2022
LAW ENFORCEMENT
The Law Enforcement Agreement is apart of the annual report and must be updated at least
AGREEMENT*
every 4 yearsfollowing the sheriff election. A copy of the previous agreement can be sent in
interim years.
All reports must be emailed to MSP-SRP@michigan.gov.
FAILURE TO SUBMIT THESE REPORTS MAY JEOPARDIZE FUNDING TO THE COUNTY
SFV-405 (07/e021)
MICHIGAN STATE POLICE
Office of Highway Safety PIaoa .a
Page 1 of 6
SECONDARY ROAD PATROL AND TWFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
AITfHORPIY: 1978 PA 416, as amended; COMPLIANCE: Mandatory: PENALTY: Nonreimbursement
INSTRUCTIONS
Public Act 416 of 1978, as amended, requires that a county receiving funds shall submit an Annual
Program Report for the fiscal year in which it has received an allocation. This report shall
cover the period October 1 through September 30, and is due in the Office of Highway Safety
Planning (OHSP) by October 20 following the end of the grant year. Failure to submit this report
will result in action to withhold the release of funds to the county.
SECTION I. Specify the services that were provided to implement the expanded services pursuant
to P.A. 416 in those areas of the county not within the boundaries of county parks.
Specify the services that were provided to implement the expanded services pursuant
to P.A. 416 in those areas of the county within the boundaries of county parks.
SECTION II. A. Describe the recommendations of the sheriff' s office to improve the services
provided under P.A. 416.
R. List any initiatives such as coordinating councils, commissions, or criminal
justice committees that your office participates in for the purpose of
coordinating taw enforcement activities.
C. List any recommendations for improving coordination of the enforcement agencies
in your county.
D. Describe the rote alcohol has played in the incidence of personal injury traffic
crashes and traffic fatalities investigated by the sheriff' s office.
SECTION III. Answer each question by placing an "x" in the appropriate box, or by providing
the information as otherwise indicated. If none, please note 0 or N/A. Answers
should refer to office -wide statistics.
SUBMISSION The completed report and all required attachments are to be received by the Office
of Highway Safety Planning by October 20. Failure to submit this report will
result in action to withhold the release of funds to the county.
Email signed copy to: Questions regarding this report
MSP-SRP@michigan.gov may be directed to OHSP at 517-
284-3091
SRP-407 (07/2021)
MICHIGAN STATE POLICE
Office of Highway Safety Plarmmg
Page 2 of 6
County
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
AMORITY: 1978 PA 416, as amended; COMPLIANCE: Mandatory: PENALTY: Non -reimbursement
SECTION I
OHSP Grant Number
INSTRUCTIONS: In this section, identify how your office utilized the funds allocated by checking each
box that describes an activity engaged in by your county' s SRP officers. If checking `other,"
provide a description of the activity. Use the space below the checklist to provide additional
information about your program.
SERVICES PROVIDED IN THOSE AREAS OF THE COUNTY NOT WITHIN THE BOUNDARIES OF COUNTY PARKS
❑ Patrol and monitor traffic violations on secondary roads.
❑ Investigate crashes involving motor vehicles on secondary roads.
❑ Provide emergency assistance to persons on secondary roads.
❑ Enforce violations of criminal laws which are observed by or brought to the attention of the
sheriff' s office while patrolling secondary roads.
❑ Provide a vehicle inspection program.
❑ Provide traffic safety information and education programs.
❑ Other (describe)
SERVICES PROVIDED IN THOSE AREAS OF THE COUNTY WITHIN THE BOUNDARIES OF COUNTY PARKS
❑ Patrol and monitor traffic violations.
❑ Investigate crashes involving motor vehicles.
❑ Provide emergency assistance to persons on roads.
❑ Enforce violations of criminal laws which are observed by or brought to the attention of the
sheriff' s office while patrolling.
❑ Provide a vehicle inspection program.
❑ Provide traffic safety information and education programs.
❑ Other (describe)
Additional Information
SNP-407 (07/2021)
MICHIGAN STATE POLICE
Office of High"y Safety Pl=l,g
Page 3 of 6
County
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
SECTION II
OHSP Grant Number
A. DESCRIBE THE RECOMMENDATIONS OF THE SHERIFF' S OFFICE TO IMPROVE THE SERVICES PROVIDED UNDER P.A.
416.
B. LIST ANY INITIATIVES SUCH AS COORDINATING COUNCILS, COMMISSIONS, OR CRIMINAL JUSTICE COMMITTEES
THAT YOUR OFFICE PARTICIPATES IN FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT ACTIVITIES.
SRP-407 (07/2021)
MICHIGAN SEATS POLICE
Office of highway Safety Planning
Page 4 of 6
County
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
SECTION II (con' t.)
OHSP Grant Number
C. LIST ANY RECOMENDATIONS FOR IMPROVING COORDINATION OF THE ENFORCEMENT AGENCIES IN YOUR COUNTY.
D. DESCRIBE THE ROLE ALCOHOL HAS PLAYED IN THE INCIDENCE OF PERSONAL INJURY TRAFFIC CRASHES AND
TRAFFIC FATALITIES INVESTIGATED BY THE SHERIFF' S OFFICE.
SRP-107 (07/2021)
MICHIGAN STALE MUCE
Mice of Highway Safety Pluming
Page 5 of 6
County
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
SECTION III
OHSP Grant Number
TRAINING
1. Enter the annual number of officers attending certified road patrol
officer in-service training sessions annually.
2. Approximately what percentage of certified road patrol officers attend
training programs each year?
3. Enter the annual number of hours attended in certified road patrol
officer in-service training sessions. (Number of officers multiplied by
training hours per officer)
4. is the amount of training received by certified road patrol officers felt ❑ Yes
to be sufficient?
5. What were the most important types of training attended by certified road
patrol officers in your department this past year? Select three types
from the categories below and enter the code numbers in the boxes to the
right.
❑ No
01
Alcohol/Drugged Driving
06
Fraudulent ID
11
Report Writing
Enforcement
07
Leadership/Supervision
12
Commercial Motor Vehicles
02
Legal Update
08
Pursuit Driving
13
De-escalation
03
Firearms/Weapons
09
Traffic Accident
14
Other, (Specify)
04
Self-Defense/Restraint
Investigation
05
First Aid
10
Beyond the Stop/Interdiction
6. What type of training should certified road patrol officers in your
office be receiving, but are not? Select three types from the categories
above and enter the code numbers in the boxes to the right.
7. Did the sheriff' s office provide certified road patrol in-service ❑ Yes ❑ No
training?
COMMUNICATIONS SYSTEM
8. Does your office participate in a centralized dispatch? ❑ Yes ❑ No
9. Identify the operating agency of the central dispatch
1 = Your office ❑ 1
2 = State Police ❑ 2
3 = Other (specify) ♦ ❑ 3
10. Identify the phone number for citizens in your county to call for
emergency services. ❑ 1
1 = 911 ❑ 2
2 = One 7-digit number for all services ❑ 3
3 = Individual number for each service
SHP-107 (07/2021)
MICHICAN STATE POLICE
Office of Highway Safety Planning
NO, 6 of 6
County
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
ANNUAL PROGRAM REPORT
SECTION III (con' t.)
11. Are officers in your patrol vehicles able to communicate with your
dispatch from anywhere in the county?
12. If your answer to question number 11 is no, estimate the percentage of
county area in which reliable car -to -dispatch communication is NOT
possible.
13.Are all patrol officers equipped with portable radios for communications
while away from their vehicles?
14, Are all patrol officers using portable radios able to communicate with
the dispatcher from anywhere in the county?
15. If your answer to question number 14 is no, estimate the percentage of
county area in which reliable portable radio -to -dispatch communication is
NOT possible.
16. Identify the agencies with which your office can communicate directly by
radio.
1 = State Police
2 = Local Police
3 = Other county offices
4 = None of the above
17. Identify your needs for improved communications.
1 = Additional system -wide equipment
2 = Additional mobile equipment
3 = Additional portable equipment
4 = Other, specify
5 = None needed
OTHER
18.What is the average annual cost for each county funded road patrol
officer in this county (wages and fringes only)?
19. What is the average annual cost for each SRP funded road patrol officer
in this county (wages and fringes only)?
CERTIFICATION: Email signed copy to MSP-SRP@michigan.Qov
OHSP Grant Number
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
1
2
3
4
❑ 1
❑ 2
❑ 3
❑ 4
❑ 5
I certify that the information contained in this Annual Program Report is correct to the best of my
knowledge.
Prepared By Title Telephone Number
Sheriff Signature Date
SRP-406(0712021)
MICHIGAN STATE POLICE
Office of Highway Safety Planning
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
SEMI-ANNUAL PROGRAM REPORT
AUTHORITY. 1978 P.A. 416, as amended & MCL 28 31
COMPLIANCE Mandatory, PENALTY: Non-remmbursement
(County IOHSP Contract Number
Type of Report: ❑ Mid -Year Report (October 1 - March 31) - Deadline: April 20
❑ Year -End Report (ADril 1 - September 3M - Deadline: October 20
Has there been a reduction in County -Funded Road Patrol Deputies from the September 30, 1978, base
figure during this reporting period? If yes, attach a detailed explanation. ❑ YES ❑ NO
Mid Year Report Year End Report
Quarter ' Quarter Quarter Quarter Total
REPORT DATA BY INDIVIDUAL QUARTER Oct -Dec Jan -Mar Apr -Jun Jul -Sep Year -to -Date
1
The total number of sworn officers in the sheriffs office.
#DIV/01
Number of FULL TIME equivalent certified County -Funded Road
2
Patrol Deputies.
#DIV/0!
Number of FULL TIME equivalent certified P.A. 416-Funded Road
3
Patrol Deputies.
#DIV/01
Number of miles traveled performing road patrol by P.A. 416-
1
4
Funded Road Patrol Deputies.
0I
Number of miles traveled performing road patrol by County -
5
Funded Road Patrol Deputies.
01
Total number of traffic stops made by P.A. 416-Funded Road
0+
6
Patrol Deputies.
0
Total number of traffic stops made by County -Funded Road Patrol
7
Deputies.
01
Number of traffic -related verbal warnings given by P.A. 416-
ffi
0{
8
Funded Road Patrol Deputies.
0
Number of traffic -related verbal warnings given by County -Funded
9
Road Patrol Deputies
01
Number of traffic -related citations issued by P.A. 416-Funded
10
Road Patrol Deputies.
01
Number of traffic -related citations issued by County -Funded Road
11
Patrol Deputies
0
I
REPORT ONLY P.A. 416-FUNDED ACTIVITIES FOR THE REMAINING Q 1ESTIONS11
12
Number of traffic citations issued in county parks.
01
13
Number of non -traffic arrests made in county parks.
01
14
Number of calls for assistance in county parks.
01
15
Number of crashes investigated which occurred on trunk lines.
01
Number of crashes investigated which occurred on secondary
16
roads.
0
Number of crashes Investigated which occurred in villages or
17
cities.
Number of fatal crashes investigated which occurred on trunk
0{
18
lines.
Number of fatal crashes investigated which occurred on secondary
0{
0{
19
roads.
I
Number of fatal crashes investigated which occurred in villages or
20
cities.
0
21
Number of OWI arrest involving alcohol.
0�
22
Number of OWI arrest involving drugs.
0
SRP406 (o712021)
MICHIGAN STATE POLICE
Offine of Highway Safety Planning
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
SEMI-ANNUAL PROGRAM REPORT
AUTHORITY. 1978 P.A. 416, as amended & MCL 28.31
COMPLIANCE, Mandatory; PENALTY: Non-reiumbursement
(County OOHSP Contract Number
REPORT DATA BY INDIVIDUAL QUARTER
23 Number of alcohol offenses resulting in open container in vehicle
arrests
24 Number of crimes investigated resulting in crime reports filed.
25 Number of crimes investigated resulting in criminal arrests.
26 Number of motorist assists.
27 Number of law enforcement assists to your department.
28 Number of law enforcement assist to other departments or
agencies.
29 Number of community traffic safety training sessions held.
30 Number of citizens attending the community safety training
sessions.
Mid Year Report
Quarterl ' Quarter2
Oct -Dec Jan -Mar
Year End Report
Quarter Quarter
Apr -Jun Jul -Sep
Total
Year -to -Date
01
0
OI
OI
OI
OI
OI
OI
CERTIFICATION:
I certify that the information contained in this Semi -Annual Program Report is correct to the best of my knowledge.
Prepared By Title Telephone Number
Sheriff
Signature
Date
E-mail siqned coov to:
MSP-SRPna michigan qov Questions regarding this report may be directed
to OHSP at 517-284-3091
2
SER405 of/20' 1)
MICHICAN STATE POLICE
Office of Highway Safety Planning
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
QUARTERLY FINANCIAL REPORT
County Report Period OHSP Grant Number
County Account/Fund Number
Start Date
End Date
(1)
(2)
(3) (4)
Cumulative
Expenditures from
Expenditures Paid Total Expenditures
Budget Category Approved Budget
Previous Report
This Quarter (col. 2 +3)
(Personnel
$ - '
(Automotive
-
(Equipment
-
(Operating Expenses
-
Indirect Costs
-
ITOTAL
- I
SOURCE
IState Allocation
(County Supplement
ITOTAL $
I
Prepared By:
Name
Title
Telephone Number
Lys:ilia[N_AllPL`QK0l11ZYwag IH-311yG1si197[41:1•.7
.. ...Y ...r,,.. — .. ... .
accounting system and records consistently applied and maintained. Further, the expenditures shown
have been made for the purpose of, and in accordance with, Public Act 416 (Act 416), as amended. The
Act 416 funds were not used to replace local funds, but rather to increase the amount of local funds
that would, in the absence of the Act 416 funds, be made available for law enforcement. These funds
and expenditures are recorded in a fund or account separate from the county's other funds or
accounts. The general ledger reconciles with reported expenditures.
Authorized By:
Financial Officer Name Signature
Mail signed document with ALITORITY:
9 COMPLIANCE
supporting general ledger to:
MSP-SRP a0michioan.00v
Date
MCL 28.31, MCL 51.76, MCL 51.77, as amended
Voluntary; however, failure to complete will result
in a denial of funding
mP.m aims
Mi i Ponce
o.akE of XioNwnY SnsEiY PIANNiHC
1. County
2. Sheriff
3. Address
4. City
SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM
CONTRACT ADJUSTMENT REQUEST
5. State 6. Zip Code
7. OHSP Contract No.
8. Date of Request
9. The following change, amendment, or adjustment to the referenced contract is requested
(Provide explanation of changes. If equipment is being purchased, please list it in detail here):
Budget Category
Personnel
Automotive
Equipment
Operating Expenses
Indirect Costs
TOTAL
Prepared By:
Name
Authorized By.
Sheriff
Financial Officer
OHSP Authorization
Expenditures To Date Approved Budget
0.00 0
Title
Signature
Signature
Signature
Requested Revision
C
Revised Budget Totals
0
0
0
0
0
0
Telephone
Date
Date
Date
Email signed form to: MSP-SRP@michlgan.gov AUTHORITY: 1978 PA416, as a mended&Exec Order 4989-4
COMPLIANCE Voluntary, but reimbursement will be delayed until
completed.