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HomeMy WebLinkAboutResolutions - 2022.05.12 - 35502BOARD OF COMMISSIONERS May 12, 2022 MISCELLANEOUS RESOLUTION #22-167 Sponsored By: Penny Luebs Sheriff's Office - Interlocal Agreement with the Paint Creek Trailways Commission for 2022-2024 Law Enforcement Services Chairperson and Members of the Board: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into agreements with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Paint Creek Trailways Commission has requested an agreement between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2022-2024 seasons; and WHEREAS the Sheriffs Office, in conjunction with the Paint Creek Trailways, is proposing services per the attached agreement and rates for part-time non -eligible (PTNE) Mounted Deputies and PTNE Court Park (Bike Patrol) Deputies; and WHEREAS the proposed agreement will result in revenue of approximately $10,648 in FY 2022, $10,860 in FY 2023 and $11,076 in FY 2024 which is included in the existing adopted budget; and WHEREAS this agreement has been through the Board of Commissioner review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement and rates for Law Enforcement Services with the Paint Creek Trailways Commission. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED to delete two (2) Emergency Salaries GF/GP part-time non -eligible (PTNE) 300 hours per year Mounted Deputy positions (#4030616-13096, and 13097) and two (2) Emergency Salaries GF/GP PTNE 200 hours per year Mounted Deputy position (#4030616-13087 and 13088) in the Sheriff s Office/Patrol Services/Contracted Patrol -Parks Unit. BE IT FURTHER RESOLVED to create four (4) GF/GP PTNE 100 hours per year Mounted Deputy positions in the Sheriff s Office/Patrol Services/Contracted Patrol -Parks Unit (#4030616) and contingent upon renewal of this agreement. BE 1T FURTHER RESOLVED that this agreement is effective June 1, 2022 through November 30, 2024. BE 1T FURTHER RESOLVED that the FY 2022 — FY 2024 budgets are amended as reflected in the attached Schedule A budget amendment document: , Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. 6z-., du Date: May 12, 2022 David Woodward, Commissioner da^L a Date: May 18, 2022 Hilarie Chambers, Deputy County Executive II X4 swv�� Date: May 18, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-05-03 Public Health & Safety - recommend to Board 2022-05-12 Full Board VOTE TRACKING Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Gingell to adopt the attached Interlocal Agreement: with the Paint Creek Trailways Commission for 2022-2024 Law Enforcement Services. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (21) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Paint Creek Trail Schedule A RI 2. 2022-2024 Paint Creek Trail Patrol Agreement 3. Sheriff - Paint Creek Trail FY22-24. Write Up.05-2-22 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 12, 2022, with the original record thereof now remaining in my pffrce. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, May 12, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds Oakland County, Michigan SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION 2022-2024 Schedule "A" Detail I Operating I Fund I Budget Project) WE Fund Name Division Name Fund# Division#Program #Account# Unit OU) Affiliate Reference Unit Project# Activity Analysis Account Title R General Fund Patrol Services 10100 4030601 110000 631869 Reimb Salaries FY 2022 FY 2023 FY 2024 Amendment Amendment Amendment $ 2,864 $ 3,080 $ 3,296 $ 2,864 $ 3,080 $ 3,296 E General Fund Patrol Somme 10100 4030601 110000 702010 Salanes $ 10,105 $ 10,105 $ 10,105 E General Fund Patrol Services 10100 4030601 110000 722740 Fringe Benefits 544 544 544 E General Fund Non -Departmental 10100 9090101 196030 74W58 Emergency Salaries Reserve (7,785) (Z569) (7,353) $ 2,864 $ 3,080 $ 3,296 OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION This OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION ("AGREEMENT") is made and entered into between the PAINT CREEK TRAILWAYS COMMISSION, a public corporation, whose address is 4393 Collins Road, Rochester, Michigan, 48306 ("COMMISSION") and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 ("COUNTY"). The COUNTY is also represented in this AGREEMENT by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 E., Pontiac, Michigan 48341 ("SHERIFF"). In this AGREEMENT, when the COUNTY and SHERIFF are referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE ("O.C.S.O."). INTRODUCTION: A. The COMMISSION is a public corporation, created pursuant to MCL 124.501, for the purpose of owning, exercising right of dominion over, developing, providing, maintaining and operating certain non -motorized public trails for recreational use known as the PAINT CREEK TRAIL. B. The COMMISSION has the authority to contractwith other governmental units, including the COUNTY, to carry out COMMISSION functions orfulfill COMMISSION obligations including, but not limited to, public safety. C. The O.C.S.O. is authorized to provide LAW ENFORCEMENT SERVICES within Oakland County, but absent an agreement such as this, the Sheriff has only a limited responsibility for law enforcement activities at PAINT CREEK TRAIL and is not required to assign any specific number(s) or rank(s) of DEPUTIES to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL. D. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et sec, the COMMISSION and the O.C.S.O, may enter into an agreement where the O.C.S.O, would provide additional LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL. E. The COMMISSION seeks such an agreement with the O.C.S.O., whereby O.C.S.O. DEPUTIES would provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL. F. The O.C.S.O. is agreeable to providing DEPUTIES for supplemental LAW ENFORCEMENT SERVICES pursuant to the terms and conditions of this AGREEMENT, provided that such LAW ENFORCEMENT SERVICES do not: (a) impair or interfere with the O.C.S.O.'s ability to meet its other law enforcement responsibilities (b) result in any O.C.S.O. loss of operational efficiency or readiness; and/or (c) result in the assumption of any additional liability or any increased financial burden by County taxpayers. DAKLAwr) cauwry SI-wwrF,s OrrICE 2022-2024 LAW LNFORCEMENT SEAMUS AGREmorNT WITH PAINT CR:FEK TRiJLWAYS COMWI`:.SION THEREFORE, it is mutually agreed as follows: 1. DEFINITIONS: In addition to the terms "COUNTY," "SHERIFF," "OAKLAND COUNTY SHERIFF'S OFFICE," and "COMMISSION," which are defined in the AGREEMENT, the following terms are also defined terms under this AGREEMENT and its Attachments, and shall be defined, read, and interpreted as follows: "LAW ENFORCEMENT SERVICES" shall be defined to include the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws of this state and the motor vehicle and traffic laws of this state, including, but not limited to, road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision of the staffing provided under this AGREEMENT, and/or response to any emergency or non -emergency which, in the sole judgment of any DEPUTY, appears to require the presence, attention, or services of any DEPUTY to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, and related law enforcement functions as authorized and/or mandated by law. Additional O.C.S.O. support services such as the Marine Division, Arson Investigation, Detective and Crime Lab services, which the O.C.S.O. now provides on a County -wide basis, unless expressly stated to the contrary herein, are not part of the LAW ENFORCEMENT SERVICES contemplated under the scope of this AGREEMENT. However, such O.C.S.O support services shall continue to be made available, at no additional cost to the COMMISSION, to the same extent that the O.C.S.O, continues to make such O.C.S.O. support services available, at no additional charge, to all other communities within Oakland County. LAW ENFORCEMENT SERVICES shall NOT include any responsibility or job duty of the COMMISSION or any COMMISSION AGENT(S) including, but not limited to, gate attendants, ticket sellers, ticket takers, ushers, directors, supervisors, parking attendants, managers, nurses, emergency medical personnel or technicians, security guards, safety personnel, complaint adjusters, or any other plant, operational, or administrative personnel who perform any general crowd control and supervision functions, search any packages and/or patrons for objects such as bottles, cans, or weapons, remove any objectionable patrons, signs or displays, determine any person's admissibility to PAINT CREEK TRAIL, traffic control and supervision on COMMISSION owned and operated property, become involved in any dispute resolution with any COMMISSION AGENT(S) and/or any person attending PAINT CREEK TRAIL, or enforce any COMMISSION or PAINT CREEK TRAIL rule, policy, or regulation that does not involve the enforcement of the general criminal laws of this state. b. "PAINT CREEK TRAIL" shall be defined as the entire recreation area itself, including all improvements, appurtenant buildings and structures, as well as any interior rooms, control rooms, medical and first aid areas, hospitality areas, concession and novelty areas, security and control rooms, offices, closets, storage areas, lockers and rest rooms, and other enclosed areas and personal property or motor vehicles thereon, as well as all other private and personal property, and surrounding open spaces and lands that are owned, operated, or under the control or supervision of the COMMISSION. c. "CLAIM(S)" shall be defined to include 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 that are imposed upon, incurred by, or asserted against a party. d. "COMMISSION AGENT(S)" shall be defined to include any and all COMMISSION officers, elected officials, appointed officials, directors, board members, employees, managers, departments, divisions, volunteers, agents, and representatives of the OAKLAND COUNTY SHERIFF'S OHM: 2622.2624 LAW f-.NFORCEMF'NT SERVICES AGREEMENT WITH PAINT CFZFf K TRAILWAYS COMMISSION P go 2 of 14 COMMISSION, as well as any COMMISSION licensee, concessionaire, contractor, subcontractor, vendor, subsidiary, joint venturer or partner, and/or any such persons, successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them and/or the COMMISSION. COMMISSION AGENT(S) as defined in this AGREEMENT shall also include any person who was a COMMISSION AGENT(S) at any time during the term of this AGREEMENT but, for any reason, is no longer employed, appointed, or elected in their previous capacity. e. "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or O.C.S.O., shall be defined to include the Undersheriff, any Major, Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Detective Sergeant, Part -Time Court Park Deputy, or any other person or persons of any rank, classification, or title who, pursuant to state law, is a sworn deputy of the SHERIFF. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed officials, commissioners, officers, boards, committees, commissions, or their members, departments, divisions, trustees, volunteers, employees (including any DEPUTY or DEPUTIES), agents, representatives, contractors, predecessors, successors, assigns, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and any and all persons acting by, through, under, or in concert with any of them. COUNTY AGENT(S) as defined in this AGREEMENT shall also include any person who was a COUNTY AGENTS) during the term of this AGREEMENT but, for any reason, is no longer employed, appointed, or elected in their previous capacity. 2. To request LAW ENFORCEMENT SERVICES, the COMISSION will submit to the SHERIFF a completed copy of Attachment A (PAINT CREEK TRAILWAYS COMMISSION'S REQUEST FOR LAW ENFORCEMENT SERVICES). The SHERIFF, subject to the terms of this AGREEMENT, will assign O.C.S.O. DEPUTIES in the numbers and ranks set forth in Attachment A to provide the LAW ENFORCEMENT SERVICES contemplated under this AGREEMENT at PAINT CREEK TRAIL, 3. Except as otherwise expressly provided for in the AGREEMENT, any DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES at the PAINT CREEK TRAIL shall work, during those hours that the COMMISSION is being charged, only on PAINT CREEK TRAIL related LAW ENFORCEMENT SERVICES matters. The COMMISSION agrees, however, that whenever any DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES under this AGREEMENT is not present at the PAINT CREEK TRAIL due to any of the reasons described in the following subparagraphs, such periods of time shall be included in and counted towards hours of LAW ENFORCEMENT SERVICES provided: 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 COMMISSION law enforcement activities. b. Performance of any LAW ENFORCEMENT SERVICES for the COMMISSION which takes the DEPUTY away from the PAINT CREEK TRAIL, 0AKI.,AN0 COUNi'Y SHERIFF',", OFFICE 2022 2024 LAW ENFORCEMENT SERVICES AGREEMENMIT 'II PAINT Cr URN TRAILWAYS COMMISSION N,[y 3 of 14 C. Any time expended transporting any person arrested by any DEPUTY during the course of providing LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL to the Oakland County Jail in Pontiac, Michigan including any reasonable length of time spent at the Oakland County Jail by any DEPUTY while booking such person(s). d. Any minimum call -in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract. e. The performance of any LAW ENFORCEMENT SERVICES related duty or obligation which takes any DEPUTY away from the PAINT CREEK TRAIL but began or arose while any DEPUTY was providing LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL (e.g:, hot pursuit, transporting a person for medical attention). 4. Subject to the SHERIFF'S absolute right to consolidate the assigned shifts of his DEPUTIES in order to concentrate law enforcement efforts to meet particular LAW ENFORCEMENT SERVICES priorities and needs, the SHERIFF shall assign DEPUTIES at PAINT CREEK TRAIL under this AGREEMENT so as to provide the broadest possible coverage of LAW ENFORCEMENT SERVICES. The COMMISSION agrees to pay the O.C.S.O. for each hour of each DEPUTY'S LAW ENFORCEMENT SERVICES rendered pursuant to this AGREEMENT at the rates shown in Attachment B. In addition, the COMMISSION agrees to reimburse the O.C.S.O. for any and all overtime premiums incurred and paid by the O.C.S.O. in providing LAW ENFORCEMENT SERVICES to the COMMISSION at the PAINT CREEK TRAIL under the terms of this AGREEMENT. 6. For every bi-weekly period of time (corresponding to established O.C.S.O. payroll periods) during which any DEPUTY rendered any LAW ENFORCEMENT SERVICES to the COMMISSION at the PAINT CREEK TRAIL pursuant to this AGREEMENT, the O.C.S.O. shall prepare and send to the COMMISSION an invoice that sets forth the amount due for each DEPUTY'S services rendered during that bi-weekly period, plus any charges for additional hours of work, any overtime premiums incurred, and/or holiday pay during that bi- weekly billing period. The COMMISSION agrees to pay the COUNTY the full amount due on any such invoice within 30 days of the invoice date. The COMMISSION has to its satisfaction examined the O.C.S.O's wage and cost structures and acknowledges and agrees that the reimbursement that the COMMISSION is to pay to the COUNTY under the terms of this AGREEMENT is not intended to result in any net financial gain or profit for the COUNTY, but is established to guarantee that the O.C.S.O. is fully reimbursed for any and all salary costs, including overtime, and other related and necessary fringe benefit costs and expenses that the COUNTY is required to pay to, and on behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL underthe terms of this AGREEMENT. 8. The O.C.S.O. agrees that any O.C.S.O. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the applicable costs and amounts that the COMMISSION is to reimburse and pay to the COUNTY OAKLAND COUNTY SIILRIFF'S oFFlcr ;r.022.2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREEK 11WI-WAYS COMMISSION Page 4 of 'H pursuant to this AGREEMENT shall be made available by appointment with the O.C.S.O. upon request for inspection by the COMMISSION. 9, The O.C.S.O. and the COMMISSION agree and acknowledge that the LAW ENFORCEMENT SERVICES activities provided for under the terms of this AGREEMENT are strictly limited to those governmental' law enforcement functions authorized by law and the LAW ENFORCEMENT SERVICES provided for under this AGREEMENT are exclusively governmental activities and functions of the type and nature that would be normally supported by tax dollars, and that this AGREEMENT simply acknowledges the unusual circumstances and increased law enforcement needs and demands created bythe popularity of the PAINT CREEK TRAIL and the correspondingly increased financial burden on governmental law enforcement agencies as a result. 10. The COMMISSION acknowledges that, except as provided for under the terms of this AGREEMENT, the SHERIFF has only a limited responsibility for law enforcement services at the PAINT CREEK TRAIL and is not otherwise required, except as provided herein, to assign any specific number(s) or rank(s) of O.C.S.O. DEPUTIES to provide LAW ENFORCEMENT SERVICES at the PAINT CREEK TRAIL. 11. The COMMISSION acknowledgesand agrees that there maybe circumstances beyond the SHERIFF'S control when the SHERIFF, in his sole discretion and judgment as to the prioritization of law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his determination as to the allocation of O.C.S.O. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF, and/or the O.C.S.O., may be unable to assign any or all of the DEPUTIES contemplated to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL during the term of this AGREEMENT. The COMMISSION acknowledges and agrees that this AGREEMENT does not, and is not intended to, create either any absolute right in favor of the COMMISSION, or any corresponding absolute duty or obligation upon the SHERIFF or the O.C.S.O. to guarantee that any specified numbers or ranks of deputies will be present to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL at any time. The COMMISSION acknowledges and agrees that the O.C.S.O's good faith and reasonable efforts to cooperate with the COMMISSION in providing LAW ENFORCEMENT SERVICES and to develop the necessary schedules, budgets and plans to enable it to provide the numbers and ranks of DEPUTIES contemplated in Attachment A, and the promised professionalism of the O.C.S.O. in these regards as demonstrated throughout previous similar agreements, are appropriate and adequate consideration to justify the COMMISSION's decision to enter into this AGREEMENT. 12. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES contemplated in Attachment A at the PAINT CREEK TRAIL on any given day, he shall verbally communicate that fact to the COMMISSION as soon as such fact becomes reasonably known to him. 13. The SHERIFF and the COUNTY reserve to themselves any rights and obligation relating to the provision of any and all police and/or governmental law enforcement services, and this AGREEMENT does not, and is not intended to, diminish, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any DEPUTY. OAKLAND COUNTY SHERIFFS OFFICE 2022.2024 LAW ENr'oNcr-MENT 5ERVIUS ACREEMEN7 WITH PAINT CREEK TRAILWAYS COMMISSION r'agc 5 of 14 14. The COMMISSION and the O.C.S.O. agree that neither the O.C.S.O. nor any DEPUTY, by virtue of this AGREEMENT or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner, joint venturer, representative, or agent of the COMMISSION, and further agree that, at all times and for all purposes under the terms of this AGREEMENT, the O.C.S.O.'s and all DEPUTIES' relationship to the COMMISSION shall be controlled and governed by the terms of this AGREEMENT. a. The COMMISSION agrees and warrants 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 DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the direct payment to any DEPUTY of any DEPUTY'S 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 DEPUTY'S status as an employee of the O.C.S.O. b. The COMMISSION agrees and warrants that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that any money paid directly to the COUNTY by the COMMISSION to reimburse the COUNTY for its costs pursuant to this AGREEMENT shall not be deemed consideration paid by the COMMISSION to any DEPUTY. c. The COMMISSION and the O.C.S.O. agree that this AGREEMENT does not, and is not intended to create, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form: (a) any right, privilege, benefit, or any other term(s) or condition(s) of employment, of any kind or nature whatsoever, in, upon, or for any DEPUTY and/or any DEPUTY'S agents, representatives, unions, or the successors or assigns of any of them; (b) any applicable O.C.S.O. employment and/or union contract(s); (c) any level(s) or amount(s) of DEPUTY supervision, standard(s) of performance, training and education standard(s); and/or (d) any O.C.S.O. rule(s), regulation(s), hours of work, shift assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and/or all conduct and actions of all DEPUTIES. The COMMISSION and the O.C.S.O. agree that this AGREEMENT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way governs or controls any activity or the performance of any duty by any DEPUTY. The COMMISSION further agrees that this AGREEMENT does not obligate or require the SHERIFF or the O.C.S.O. to change, alter, modify, use, or OAKLAND COUNTY 511ERIFF'S OFFICE 2022�2024 LAW FNFORCEIVIENT SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION Pago 6 of 14 develop any different or special LAW ENFORCEMENT SERVICES policies, practices or procedures for use at PAINT CREEK TRAIL. e. The COMMISSION agrees that this AGREEMENT does not, and is not intended to include any O.C.S.O. warranty, promise, or guaranty, either express or implied, of any kind or nature whatsoever, in favor of the COMMISSION, any COMMISSION AGENT(S), or any person attending PAINT CREEK TRAIL, that any LAW ENFORCEMENT SERVICES provided by the O.C.S.O. under the terms and conditions of this AGREEMENT will result in any specific reduction or prevention of any criminal activity at PAINT CREEK TRAIL, or any other such performance -based outcome, but only that the SHERIFF will make every reasonable effort to provide professional LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL, in accordance with generally accepted standards for LAW ENFORCEMENT SERVICES with the DEPUTIES contracted for in Attachment A. Underthe terms of this AGREEMENT, the COMMISSION agrees and promises that no DEPUTY shall be asked or required to perform any services directly for the COMMISSION or otherwise be available to perform any other work or assignments from the COMMISSION or be expected to perform any acts other than governmental law enforcement functions or LAW ENFORCEMENT SERVICES, and that no DEPUTY shall be employed, in any manner or capacity, by the COMMISSION. g. The COMMISSION agrees that neither the COMMISSION nor any COMMISSION AGENT(S) shall otherwise provide, furnish or assign any DEPUTY with any job instructions, job descriptions, job specifications, or job duties, tools, supplies, or equipment, or in any manner attempt to control, supervise, train, or direct any DEPUTY in the performance of any O.C.S.O. duty or obligation to provide LAW ENFORCEMENT SERVICES under the terms of this AGREEMENT. h. The SHERIFF shall designate one DEPUTY assigned to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL underthis AGREEMENT as a "Communications Liaison" for the purpose of maintaining communications with the COMMISSION Chairperson. The COMMISSION Chairperson, or a designated COMMISSION AGENT(S), may contact the Communications Liaison to request, advise, or otherwise make the O.C.S.O. aware of particular LAW ENFORCEMENT SERVICES needs and services at PAINT CREEK TRAIL orto provide other relevant information. The COMMISSION Chairperson, or designated COMMISSION AGENT(S), may bring to the SHERIFF's attention any concerns regarding the assignment of any DEPUTY to PAINT CREEK TRAIL, however, the SHERIFF's decision on the assignment of any DEPUTY shall be final. The Communications Liaison DEPUTY shall, to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the COMMISSION Chairperson reasonably informed regarding criminal and/or law enforcement activities at PAINT CREEK TRAIL. i. The COMMISSION and the O.C.S.O. agree that this AGREEMENT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the SHERIFF's complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any DEPUTY, or any other person, who, in the OAKLAND GO NrY SHERIWS OFFICF 2022.202A LAW ENFG'ttCC-�Mf:hl'I' SEh'VICL=S AGRE[Pd(;N'r WITiI PAINT CkFEK TRAILwAY S COMMIS',ION Pag.. i Of I�? SHERIFF's sole judgment, he does not believe is qualified or otherwise fit to be a O.C.S.O. DEPUTY. The COMMISSION and the O.C.S.O. agree that this AGREEMENT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the O.C.S.O.'s complete and unilateral discretion, responsibility, and right, subject only to its collective bargaining agreements, to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any O.C.S.O. DEPUTY and/or pay any and all O.C.S.O. DEPUTY 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 O.C.S.O. DEPUTY with the OAKLAND COUNTY SHERIFF'S OFFICE. k. The COMMISSION and the O.C.S.O. agree that the O.C.S.O. shall be solely and exclusively responsible for providing DEPUTIES with all necessary 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. duty under the terms of this AGREEMENT. The O.C.S.O. shall also be solely and'exclusively responsible for any and all DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc. In the event that the COMMISSION desires any special or additional personal property or equipment (e.g., cellular telephones, pagers, automobiles, motorcycles, etc.) be provided, at COMMISSION expense or otherwise, to any DEPUTY assigned to PAINT CREEK TRAIL, the COMMISSION 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 additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the COMMISSION, shall be provided directly and exclusively to the O.C.S.O, 15. The COMMISSION agrees that this AGREEMENT does not, and is not intended to, create by implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O. LAW ENFORCEMENT SERVICES or governmental law enforcement protection in favor or to the benefit of any person beyond the O.C.S.O's and/or any DEPUTY'S governmental law enforcement officer duty, as established under existing law to the general public. The COMMISSION agrees that at all times, and for any and all purposes under this AGREEMENT, the O.C.S.O. and /or any DEPUTY present at the PAINT CREEK TRAIL shall be present strictly and solely to perform LAW ENFORCEMENT SERVICES as authorized by law to and for the benefit of the general public, and under no circumstances shall the O.C.S.O: and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the COMMISSION to provide any particular, direct, or specific service or benefit to or for the COMMISSION, any COMMISSION AGENT(S), or any patron or other person present at PAINT CREEK TRAIL. 16. The COMMISSION agrees that the AGREEMENT does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership, maintenance, or operation of the PAINT CREEK TRAIL. The COMMISSION agrees that it OAKLAND COUNTY SVIERIFF'S 0171:10F 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREFN TRAILWAYS COMMISSION Pam, t of 14 shall, at all times and under all circumstances, remain solely and exclusively responsible for any and all costs, obligations, and/or civil liabilities associated with owning and operating the PAINT CREEK TRAIL and/or permitting any person to use the PAINT CREEK TRAIL, including, but not limited to, the provision of any emergency medical treatment, rendering any first aid or medical treatment facilities, providing or implementing any fire or emergency evacuation plans or procedures, providing for all basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of the PAINT CREEK TRAIL which is not expressly within the definition of LAW ENFORCEMENT SERVICES under the terms of this AGREEMENT and which is not under the sole and exclusive control and direction of the O.C.S.O. The COMMISSION further agrees that it shall not reduce, eliminate, or otherwise fail to provide, in any way, the same number(s) and type(s) of security, emergency, or other personnel and/or the scope of security and emergency service(s) or protection(s) that the COMMISSION normally provides to any COMMISSION AGENT(S) or any person attending. 17. The COMMISSION agrees that no COMMISSION AGENT(S), either as a result of orarising out of any act(s) by any person in the performance of any duty under this AGREEMENT, shall be considered or asserted to be an employee of the O.C.S.O. The COMMISSION agrees that it shall be solely and completely liable for any and all COMMISSION AGENT(S)' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation benefits, unemployment compensation, social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any COMMISSION AGENT(S)' statutory, contractual, or constitutional rights by the COMMISSION, the COUNTY or any COUNTY AGENT(S)). The COMMISSION agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any COMMISSION AGENT(S) which are based upon, result from, or arise from, or are in any way related to any COMMISSION AGENT(S)' wages, compensation, benefits, or other employment -related rights, including, but not limited to, those described in this Paragraph. 18. The COMMISSION agrees that it shall be solely and exclusively responsible, during the term of this AGREEMENT, for guaranteeing that all COMMISSION AGENT(S) fully cooperate with all DEPUTIES in providing any LAW ENFORCEMENT SERVICES pursuant to this AGREEMENT. 19. Each Party shall be responsible for any CLAIMS made against that party and for the acts of its Employees or AGENTS. 20. In 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. 21. 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 any of its employees or AGENTS in connection with any CLAIM. OAKL.AND COUNTY SHERIFF'S OFFICE 2022.2024 LAW ENFORCEMENT SERVICES AC.RrEMENT WITH PAINT CREEK Tf AIi WAYS COMMISSION Page 0 ul 14 22. This Agreement does not and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 23. Except as expressly provided herein, this AGREEMENT does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, orotherwise subrogated to any indemnification or any other right provided under the terms of this AGREEMENT. 24. The COMMISSION agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any O.C.S.O.'s or any DEPUTY'S LAW ENFORCEMENT SERVICES or duties under this AGREEMENT to any other person and/or public or private corporation, entity, or organization of any kind. 25. The COMMISSION represents and warrants that it has reviewed all of its current or proposed lease and licensing agreements with its patrons, concessionaires, promoters, vendors, and other persons who are or may become contractually involved with the COMMISSION for any events or activities at PAINT CREEK TRAIL, and hereby represents and warrants that the COMMISSION does not have, and will not in the future have, any other contractual agreement that will in any manner restrict, interfere with, or prohibit the COMMISSION, and COMMISSION AGENT(S), or any other person from complying with the COMMISSION's obligations and duties as set forth in this AGREEMENT. 26. The COMMISSION agrees that it shall promptly deliver to the O.C.S.O. written notice and copies of any CLAIM(S), complainf(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that the COMMISSION becomes aware of which involves in any way the O.C.S.O. or any DEPUTY. The COMMISSION agrees to cooperate with the O.C.S.O. in any investigation conducted by the O.C.S.O into any act(s) or work performance of any DEPUTY. 27. Subject to the following Paragraph, this AGREEMENT shall become effective on June 1, 2022, and shall remain in effect until it expires without any further act or notice being required of any party, at 11:59 p.m. on December 31, 2024. Either the COUNTY, the SHERIFF, or the COMMISSION may cancel this AGREEMENT for any reason without incurring any penalty or liability to any party as a result, before its scheduled expiration, by delivering a written notice of cancellation of this AGREEMENT to the other two parties at least thirty (30) days before the effective date of cancellation (which cancellation date shall be clearly stated in the notice)„ and at 11:59 P.M. on the stated effective date of cancellation, this AGREEMENT shall be canceled. 28. 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 COMMISSION Council. The approval and terms of the AGREEMENT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and COMMISSION Council and shall also be filed with the office of the Clerk for the COUNTY and the COMMISSION. In addition, this AGREEMENT, and any subsequent amendments, OAKEAND COUNTY Sill RIFT'S OFFICE 2..022,2024IIAw ENFORGEM CNT SERVICES AGREF;NIENT WITH PAINT CREEK i RAILWAYS COMMISSION Page, 10 of 14 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. 29. The parties shall send, by first class mail, or alternatively may deliver in person, any correspondence and written notices required or permitted by this AGREEMENT to each of the signatories of this AGREEMENT, or any signatory successor in office, to the addresses shown in this AGREEMENT. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service or delivered to such person's office during normal business hours. 30. This AGREEMENT is made and entered into the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this AGREEMENT is intended to and, in all cases, shall be construed as a whole according to its fair meaning and not construed strictly for or against any party. As used in this AGREEMENT, the singular or plural number, possessive or non - possessive shall be deemed to include the other whenever the context to suggest or requires. 31. Absent an express written waiver, the failure of any party to pursue any right granted under this AGREEMENT shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this AGREEMENT. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power privilege. 32. The COUNTY, the SHERIFF, and the COMMISSION acknowledge that this AGREEMENT shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 33. This AGREEMENT sets forth the entire agreement for increased LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL between the O.C.S.O. and the COMMISSION and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the O.C.S.O and the COMMISSION in any way related to the subject matter hereof, except as expressly stated herein. This AGREEMENT shall not be changed or supplemented orally and may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the COMMISSION Council. , 34. For and in consideration of the mutual promises, acknowledgements, representations, and agreements set forth in this AGREEMENT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the COMMISSION hereby agree and promise to be bound by the terms and provisions of the AGREEMENT. OAKL.AND COUNTY SWrRIFT' S Oi"FICE 2022.2U'd4 LAW ENPORCCM[NT SERVICU! AGRl:.EMENT WIYId PAINT MEEK rRAILWAY s GOMM 'SION Page 11 of 14 IN WITNESS WHEREOF, DONNI STEELE, Chairperson, PAINT CREEK TRAILWAYS COMMISSION, hereby acknowledges that he has been authorized by the Commission to execute this AGREEMENT on behalf of the PAINT CREEK TRAILWAYS COMMISSION and hereby accepts and binds the COMMISSION to the terms and conditions of this AGREEMENT on this day of 12022. WITNESS: PAINT CREEK TRAILWAYS COMMISSION By: By: DONNI STEELE, Chairperson IN WITNESS WHEREOF, DAVID T. WOODWARD, Chairperson, OAKLAND COUNTY BOARD OF COMMISSIONERS, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this AGREEMENT on behalf of the County of Oakland and hereby accepts and binds the County to the terms and conditions of this Agreement on this day of 2022. WITNESS: OAKLAND COUNTY BOARD OF COMMISSIONERS By: By: DAVID T. WOODWARD, Chairperson IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as OAKLAND COUNTY SHERIFF, a Michigan Constitutional Office, hereby concurs ad accepts the terms and conditions of this Agreement on this day of 2022. WITNESS: OAKLAND COUNTY SHERIFF M MICHAEL J. BOUCHARD OAKLAND COUNTY SHMIFF'S OFFICE 2422•202d LAW ENFORCE EN) SERVICES AGREEMENT WITH PAINT CREEK TRAILWAY,R COMMISSION P,ayc 'I? of H ATTACHMENT A PAINT CREEK TRAILWAYS COMMISSION'S REQUEST FOR LAW ENFORCEMENT SERVICES TO: Michael J. Bouchard, Oakland County Sheriff OAKLAND COUNTY SHERIFF'S OFFICE 1200 N. Telegraph Road, Bldg. 38 East ROYAL OAK, MI 48341-1044 ' Phone: (248)858-5001; Fax: (248)858-1806 FROM: Donni Steele, Chairperson (or designated representative) PAINT CREEK TRAILWAYS COMMISSION 4393 Collins Road Rochester, MI 48306 Phone: 248-651-9260; Fax: 248-601-0106 The COMMISSION, pursuant to the OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION requests that the SHERIFF provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL in accordance with the following: Number of PTNE Mounted Deputies: Number of PTNE Park Deputies - BicvcW Duration: Start Date End Date Number of Hours Each Dav: Total Number of Hours: The PAINT CREEK TRAILWAYS COMMISSION understands that it will be billed using the current regular hourly rate(s) set by the O.C.S.O. for the deputies providing law enforcement services. The PAINT CREEK TRAILWAYS COMMISSION will pay the O.C.S.O. for all law enforcement services that are provide. If the Paint Creek Trailways Commission purchases or otherwise obtains a special event insurance policy or other similar insurance policy for the special event described above in this attachment form, the County of Oakland and O.C.S.O., including County Agents, shall be named as additional insureds on the insurance policy. The undersigned acknowledges and affirms that he or she has been authorized by the PAINT CREEK TRAILWAYS COMMISSION to make this request and bind the COMMISSION to reimburse the COUNTY OF OAKLAND for any COUNTY COSTS incurred in response to preparing or assigning the above Number(s) and Rank(s) of SHERIFF'S DEPUTIES to provide DEPUTY SERVICES at PAINT CREEK TRAIL. Date: DONNI STEELE, CHAIRPERSON (or designated representative) OAKLAND COUN'r't st�3Fmrr's orr icfz' 2022-2024 LAW ENFORCE-MENT SERVICLS AGREEMENT WITH PAINT CRE'LIi MAILWAYS COMMISSION Pagc''13of 14 ATTACHMENT B 2022-2024 Hourly Rates SHERIFF'S Regular I Regular Regular DEPUTY Hurl Overtime Hourly Overtime Hourly Overtime RANK Rate Hourly Rate Rate Hourly Rate Rate Hourly Rate (Job Classification) 2022 2022 2023 2023 2024 2024 PTNE Mounted $26.62 $39.93 $27.15 $40.73 $27.69 $41.54 Deputy PTNE Court Park $26.62 $39.93 $27.15 $40.73 $27.69 $41.54 Deputy - Bicycle OAKL.AND COUNTY SIIERIFF'S OFFICE 2022-2024 LAW ENFORCLMFNT SERVICLS A KEEMCNT WITH PAIN I CRU-.X TRAILWAYS COMMISSION ' racy'14 of 14 REQUEST: 1. That the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. 2. To delete two (2) Emergency Salaries GF/GP part-time non -eligible (PTNE) 300 hours per year Mounted Deputy positions (#4030616-13096, and 13097) and two (2) Emergency Salaries GF/GP PTNE 200 hours per year Mounted Deputy position (#4030616-13087 and 13088) in the Sheriffs Office/Patrol Services/Contracted Patrol -Parks Unit. 3. To create four (4) GF/GP PTNE 100 hours per year Mounted Deputy positions in the Sheriff's Office/Patrol Services/Contracted Patrol -Parks Unit (#4030616). PROPOSED FUNDING: Marine Patrol Services Agreement with the Paint Creek Trailways Commission, OVERVIEW: It is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into agreements with local units of government for the purpose of providing Sheriff patrol services. The Paint Creek Trailways Commission has requested an agreement between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2022-2024 seasons. The Sheriffs Office, in conjunction with the Paint Creek Trailways, is proposing to enter into an agreement for services per the attached agreement and rates for part-time non -eligible (PTNE) Mounted Deputies and PTNE Court Park (Bike Patrol) Deputies. The proposed agreement will result in revenue of approximately $10,648 in FY 2022, $10,860 in FY 2023 and $11,076 in FY 2024 which is included in the existing adopted budget. This agreement has been through the Board of Commissioner review process. It is requested that the Oakland County Board of Commissioners approves the attached agreement and rates for Law Enforcement Services with the Paint Creek Trailways Commission. It is also requested that the Oakland County Board of Commissionprs authorizes the Chairperson of the Board to sign the agreement. It is requested to delete two (2) Emergency Salaries GF/GP part-time non -eligible (PTNE) 300 hours per year Mounted Deputy positions (#4030616-13096, and 13097) and two (2) Emergency Salaries GF/GP PTNE 200 hours per year Mounted Deputy position (#4030616-13087 and 13088) in the Sheriff's Office/Patrol Services/Contracted Patrol -Parks Unit. It is requested to create four (4) GF/GP PTNE 100 hours per year Mounted Deputy positions in the Sheriff's Office/Patrol Services/Contracted Patrol -Parks Unit (#4030616) and contingent upon renewal of this agreement. This contract is effective June 1, 2022 through November 30, 2024, COUNTY EXECUTIVE RECOMMENDATION: Recommended as Requested. PERTINENT SALARIES FY 2022 Class Gr Period Base Mounted HRL/214 Hourly $21.6556 Deputy 1 Year 2 Year 3 Year 4 Year 5 Year $22.3769 $23.0981 $23.8198 $24.5411 $25,2622 *Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT SAVINGS' **Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the budget amendment. Delete two (2) Emergency Salaries GFIGP PTNE 300 hours per year Mounted Deputy positions Salary at Step 12 $6,713 Fringes @5.38% 361 Savings of 1 Position ($7,074) Savings of 2 Positions ($14,148) Delete two (2) GFIGP PTNE 200 hours per year Mounted Deputy positions Salary at Step 12 $4,475 Fringes @5.38% 241 Savings of 1 Position (4 716 Savings of 2 Positions ($9,432) Create four (4) GFIGP PTNE 100 hours per year Mounted Deputy positions Salary at Step 12 $2,238 Fringes @5.38% 120 Cost of 1 Position $2,358 Cost of 4 Positions $9,432 Total Savings ($14,148)