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HomeMy WebLinkAboutInterlocal Agreements - 2022.05.12 - 37469 July 26, 2022 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On May 12, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22171 – Sheriff’s Office – Interlocal Agreement with the Charter Township of Bloomfield for 2022-2024 Marine Patrol Services. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the Charter Township of Bloomfield, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt lette r for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Elizabeth Skwarczewski, Technical Specialist, OCSO Martin Brook, Clerk, Charter Township of Bloomfield Enclosures Charter Township of Bloomfield May 23, 2022Board of Trustees Page 1PRESENT: Walsh, Brook, Kepes, Barnett, Fakih, MurrayAlso Present, Attorney Mark RobertsABSENT: SchostakITEM 8. Consider Approval of an Agreement Between the Oakland CountySheriffs Office and the Charter Township of Bloomfield for Marine PatrolServices on Township LakesClerk Martin Brook discussed Oakland County's marine patrol provided through theSheriff's Office. Utilizing the marine patrol requires that the Township enter into twoagreements: one with the County; and one with lake representatives. Upper Long Lakeis the only lake that has requested to utilize the marine patrol.Board members advised that lakes interested in the marine patrol should contact theClerk's Office to discuss. Additionally, the marine patrol's funding is provided by lakeproperty owners, not the township, who pay into a fund that finances the service.MOTION by Kepes and SUPPORT by Murray to APPROVE the Oakland County Sheriff'sOffice 2022 - 2024 Marine Patrol Services Agreement with the Charter Township ofBloomfield.OAKLAND COUNTY SHERIFF'S OFFICE2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTERTOWNSHIP BLOOMFIELDThis Agreement is made and entered into between the CHARTER TOWNSHIP OFBLOOMFIELD, a Michigan Constitutional and Municipal Corporation and politicalsubdivision of the State of Michigan, located within Oakland County, whose address is4200 Telegraph Road, P.O. Box 489, Bloomfield Hills, Ml 48303-0489 (hereafter the"MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional andMunicipal Corporation and political subdivision of the State of Michigan, whose addressis 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"),and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan ConstitutionalOfficer, whose address is County Service Center, Building. #38 East, 1200 N.Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In thisAgreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligorsthey will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE"or, as abbreviated, the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall referonly to individual described herein.INTRODUCTORY STATEMENTSWhereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent anagreement such as this, has only limited responsibility to do so within theMUNICIPALITY; and Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 2Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where theO.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; andWhereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcementof MARINE LAW in the MUNICIPALITY; andWhereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in theMUNICIPALITY with the additional personnel provided under the terms and conditionsof 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 andvaluable consideration, the receipt and adequacy of which is hereby acknowledged, theCOUNTY, the SHERIFF, and the MUNICIPALITY mutually agree:1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLANDCOUNTY SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agreethat for all purposes, and as used throughout this Agreement, the following terms andexpressions whether used in the singular or plural, possessive or nonpossessive,and/or either within or without quotation marks, shall be defined and interpreted asprovided herein. The parties further agree that as defined herein the terms"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL","SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, atthe time relevant to any issue, claim, or interpretation of this Agreement, was either a"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or"SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity.a. "CLAIM" shall be defined to include any and all losses, complaints,demands for relief, damages, lawsuits, causes of action, proceedings,judgments, deficiencies, penalties, costs and expenses, including, but not limitedto, reimbursement for reasonable attorney fees, witness fees, court costs,investigation, litigation expenses, amounts paid in settlement, and/or any otheramount for which either party becomes legally and/or contractually obligated topay, whether direct, indirect or consequential, whether based upon any allegedviolation of the constitution (federal or state), any statute, rule, regulation, or thecommon law, whether in law or equity, tort, contract, or otherwise, and/orwhether commenced or threatened.b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTYrepresentatives elected by popular vote to a COUNTY office or such personsappointed, pursuant to state law, to fill a vacant elected office pending anelection.c. "MARINE LAW means Subchapter 5 ("Watercraft and Marine Safety") ofthe Natural Resources and Environmental Protection Act (Public Act 451 of1994), rules promulgated thereunder by the Michigan Department of NaturalResources, and local ordinances adopted in conformity with this Act. Charter Township of BloomfieldBoard of TrusteesMay 23, 2022PageSd. "MARINE PATROL SERVICES" shall be defined and interpreted as theprevention and detection of MARINE LAW violations and the enforcement ofMARINE LAWS upon all lakes or waterways designated by the MUNICIPALITY.The MARINE PATROL SERVICES contemplated and to be provided under thisAgreement are strictly limited to those governmental MARINE PATROLSERVICES authorized by law to be performed by the O.C.S.O.e. "MUNICIPALITY OFFICIAL" shall be defined to include any and allMUNICIPALITY representatives elected by popular vote to a MUNICIPALITYoffice or such persons appointed, pursuant to state law, to fill a vacant electedoffice pending an election, and those individual MUNICIPALITY employees oragents whose specific job responsibilities mandate the enforcement of statestatutes or local ordinances such as the Fire Marshall, Engineering or HousingInspector, Ordinance Officer, or Weighmaster.f. "MUNICIPALITY AGENT" shall be defined to include any and allMUNICIPALITY employees, managers, departments, divisions, volunteers,agents, representatives, predecessors, successors, attorneys, or auditors, otherthan MUNICIPALITY OFFICIALS as defined above (whether such persons act,or acted, in their personal, representative, or official capacities), and/or any andall persons acting by, through, under, or in concert with any of them.g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected officialof the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such otherindividual as designated in writing by the MUNICIPALITY LIAISON to act in thiscapacity for all purposes under this Agreement.h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTYcontracted for and assigned to provide LAW ENFORCEMENT SERVICES to theMUNICIPALITY under this Agreement, who is designated by the SHERIFF tomaintain all lines of communications with the MUNICIPALITY LIAISON, asdefined herein. The O.C.S.O. LIAISON will generally be the commanding officer,if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF toperform this function.i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined toinclude any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy,Patrol Investigator, Detective Sergeant, or any other person or persons of anyrank, classification, or title who, pursuant to state law, is a sworn Deputy of theSHERIFF.2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) andRank(s) as shown in SCHEDULE A- SHERIFF'S DEPUTIES CONTRACTED FOR ANDTO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to,incorporated in and made part of this Agreement, to perform any and all O.C.S.O.MARINE PATROL SERVICES contemplated in this Agreement within the corporate limits Charter Township of BloomfieldBoard of TrusteesMay 23,2022Page 4of the MUNICIPALITY. MARINE PATROL SERVICES, as defined above, shall notinclude O.C.S.O. police-related "Support Services," such as Arson Investigation,Detective and Crime Lab services, which the O.C.S.O. now provides on a County-widebasis, unless expressly stated to the contrary herein. Nevertheless, such additional"Support Sen/ices" shall continue to be made available, at no additional cost to theMUNICIPALITY, to the same extent that the O.C.S.O. continues to make such lawenforcement "Support Services" available, at no additional charge, to all othercommunities within Oakland County.a. The MUNICIPALITY acknowledges that, except as provided for under theterms of this Agreement, the SHERIFF has only limited responsibility for MARINEPATROL SERVICES in the MUNICIPALITY and is not otherwise required, exceptas provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'SDEPUTIES to provide MARINE PATROL SERVICES to the MUNICIPALITY.b. The ShlERIFF will make every reasonable effort to provide professionalMARINE PATROL SERVICES to the MUNICIPALITY, following generallyaccepted standards for police protection, with the levels of staff provided for inSCHEDULE A.c. Notwithstanding any other provision in this Agreement, this Agreement shallnot be interpreted to include any warranty, promise or guaranty, either express orimplied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/orany other person or MUNICIPALITY resident that the O.C.S.O.'S provision ofMARINE PATROL SERVICES under this Agreement will result in any specificreduction or prevention of criminal activity within the MUNICIPALITY or any otherperformance-based outcome.3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusivepurpose of this Agreement is to provide governmental MARINE PATROLSERVICES in and for the MUNICIPALITY. Except as otherwise expressly providedfor in this Agreement, the MUNICIPALITY agrees that this Agreement does not,and is not intended to, create, by implication or otherwise, any specific, direct orindirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' sMARINE PATROL SERVICES in favor of or to the benefit of any particularperson(s) beyond the O.C.S.O.'S and/or any SHERIFF'S DEPUTY'S lawenforcement officer duty, as established under existing law, to the general public.4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'SDEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to theMUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours forwhich the MUNICIPALITY is being charged, only on MUNICIPALITY-related policematters. It is understood and agreed, however, that "Mutual Aid" between communitiesmay be provided to surrounding communities. "Mutual Aid," as used in the previoussentence, means that any SHERIFF'S DEPUTY contracted for and assigned to theMUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 5when temporarily called to the aid of another community due to an emergency or otherexceptional circumstance or because a SHERIFF'S DEPUTY possesses some specialskill or qualification temporarily needed in that other community.5. Under the terms of this Agreement, the O.C.S.O. shall assign to theMUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown inSCHEDULE A to perform all of the MARINE PATROL SERVICES contemplated underthis Agreement.a. Except as may otherwise be expressly provided in this subparagraph or inSCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for andassigned to provide MARINE PATROL SERVICES to the MUNICIPALITYis not present in the MUNCIPALITY'S geographical area, due to any of thereasons described in subparagraphs 1 - 3 below, such periods of time shallbe included in and counted toward the hours allotted for MARINE PATROLSERVICES set forth in SCHEDULE A:1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac,Michigan, at the beginning of or end of any shift by any SHERIFF'SDEPUTY if that SHERIFF DEPUTY'S shift starts or ends in Pontiac;2. Appearance in any Court or at any meeting with any other lawenforcement agency in connection with any prosecution or Courtappearance related to MUNICIPALITY marine patrol activities;3. Performance of any MARINE PATROL SERVICES for theMUNICIPALITY that takes any SHERIFF'S DEPUTY outside theMUNICIPALITY'S geographical area; andb. Subject to the SHERIFF'S right to consolidate the assigned shifts ofSHERIFF'S DEPUTIES in order to concentrate marine patrol efforts to meetparticular marine law enforcement priorities and needs, the SHERIFF shall assignSHERIFF DEPUTIES contracted for under this Agreement so as to provide thebroadest possible coverage of MARINE PATROL SERVICES to theMUNICIPALITY.c. All O.C.S.O. policies, procedures, employment contracts, etc., which maybe applicable to this Agreement shall be made available by the ShlERIFF forinspection by the MUNICIPALITY LIAISON at the O.C.S.O., by appointment,during normal business hours.6. The MUNICIPALITY shall not have the right under this Agreement to assign,delegate, or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFFDEPUTY'S services, duties, or obligations under this Agreement to any other public orprivate person, corporation, entity, or organization of any kind. In the event that theMUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S MARINE PATROL Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page6SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULEA, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'Sjudgment, may require additional MARINE PATROL SERVICES, the MUNICIPALITYshall address such concerns for additional MARINE PATROL SERVICES to theSHERIFF as provided for in this Agreement (i.e., preceding Paragraph).7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINEPATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown inSCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any andall additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O.in providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of thisAgreement. For every bi-weekly period (corresponding to established O.C.S.O. payrollperiods) during which any SHERIFF'S DEPUTY renders any MARINE PATROLSERVICES to the MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shallprepare and send to theMUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'SDEPUTY'S MARINE PATROL SERVICES rendered during that bi-weekly period, plusany charges for any additional hours of work, overtime, and/or holiday pay, as providedfor herein, during that bi-weekly billing period. All overtime charges are to be itemizedand designated for the reason incurred. The MUNICIPALITY agrees to pay to theCOUNTY the full amounts due on any such invoice within 30 days of the invoice date.a. If the MUNICIPALITY purchases or otherwise obtains a special event insurancepolicy for itself or any lake associations for an event that occurs during theSHERIFF'S DEPUTIES' MARINE PATROL SERVICES scheduled hoursdescribed in this Agreement, the County of Oakland and O.C.S.O., includingCounty Agents, shall be named as additional insureds on the insurance policy.8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies whenand as due under this Agreement, the MUNICIPALITY agrees that unless expresslyprohibited by law, the COUNTY or the County Treasurer, at their sole option, shall beentitled to set-off from any other MUNICIPALITY funds that are in the COUNTY'Spossession for any reason. Funds include but are not limited to the Delinquent TaxRevolving Fund ("DTRF"). Any set-off or retention of funds by the COUNTY shall bedeemed a voluntary assignment of the amount by the MUNICIPLIATY to the COUNTY.The MUNICIPALITY waives any CLAIMS against the County or it's Officials for any actsrelated specifically to the COUNTY'S off-setting or retaining such amounts. Thisparagraph shall not limit the MUNICIPALITY'S legal right to dispute whether theunderlying amount retained by the COUNTY was actually due and owing under thisAgreement. If the County chooses not to exercise its right to set-off or if any setoff isinsufficient to fully pay the COUNTY any amounts due and owing the COUNTY underthis Agreement, the COUNTY shall have the right to charge up to the then-maximum legalinterest on any unpaid amount. Interest charges shall be in addition to any other amountsdue to the COUNTY under this Agreement. Interest charges shall be calculated using thedaily unpaid balance method and accumulate until all outstanding amounts and Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 7accumulated interest are fully paid. Nothing in this section shall operate to limit theCOUNTY'S right to pursue or exercise any other legal rights or remedies under thisAgreement against the MUNICIPALITY to secure reimbursement of amounts due theCounty under this Agreement. The remedies in this Section shall be available to theCOUNTY on an ongoing and successive basis if the MUNICIPALITY at any time becomesdelinquent in its payment. Notwithstanding any other term and condition in thisAgreement, if the COUNTY pursues any legal action in any court to secure its paymentunder this Agreement, the MUNICIPALITY agrees to pay all costs and expenses,including attorney's fees and court costs, incurred by the COUNTY in the collection ofany amount owed by the MUNICIPALITY.9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O.nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall beconsidered or claimed to be an employee of the MUNICIPALITY and further agree that,at all times and for all purposes under the terms of this Agreement, the O.C.S.O.'S legalstatus and relationship to the MUNICIPALITY shall be that of an INDEPENDENTCONTRACTOR. The MUNICIPALITY also agrees that in any writing or any othercommunication prepared by, for, or at the direction of the MUNICIPALITY, theMUNICIPALITY shall neither state, suggest, nor imply that any employment status and/oremployment relationship exists between any SHERIFF'S DEPUTY and theMUNICIPALITY.10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and forall purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusiveemployer of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely andexclusively 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/orother 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 orbenefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee ofthe O.C.S.O. Except as expressly provided otherwise in this Agreement, theMUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwiseprovide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personalproperty, supplies, benefits, entitlement, consideration (monetary or otherwise) or anyother thing of value, either directly or indirectly, to, for the use by, or on behalf of, anyindividual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directlyto the COUNTY and/or any personal property, automobiles, or any portable equipment(e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/orleased directly to the COUNTY shall not, for any purpose of this Agreement, beinterpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, forthe use by, or on behalf of, any individual SHERIFF'S DEPUTY.11. Except as expressly provided for in this Agreement, the parties agree that thisAgreement does not, and is not intended to, transfer, delegate, or assign to the other Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page8Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation,or liability associated with any governmental function delegated and/or entrusted to eitherparty under any existing law or regulation.12. Except as expressly provided for under the terms of this Agreement, noSHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform anyservices directly or otherwise be available to perform any other work or assignments, andno SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner orcapacity, by the MUNICIPALITY.13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTYwith any job instructions, job descriptions, job specifications, or job duties, or in anymanner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in theperformance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF withany information that may come to its knowledge or possession regarding any act contraryto the terms and conditions of this Agreement, or any other questionable act(s) oromission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITYalso agrees that it shall promptly deliver to the SHERIFF written notice and copies of anycomplaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing,whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regardingany SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. inany investigation conducted by the SHERIFF into the character and/or fitness of anySHERIFF'S DEPUTY.15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'SDEPUTIES with all necessary tools, boats, automobiles, radios, communicationsequipment, 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 underthe terms of this Agreement. The O.C.S.O. shall also be solely and exclusivelyresponsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,uniform or equipment costs, insurance(s), supplies, etc., except that any stationery,notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required tobear the name of the MUNICIPALITY, shall be supplied to the O.C.S.O. by theMUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that theMUNICIPALITY 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 shalldirect such requests to the O.C.S.O. which shall solely decide whether such personalproperty or special equipment shall be provided. Any and all such additional personalproperty, portable or individual use equipment or property, and/or any special equipmentto be provided by the MUNICIPALITY shall be provided directly and exclusively to theO.C.S.O., and then ONLY pursuant to a separate written lease agreement between theMUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 9Agreement, no personal property, supplies, or other equipment, nor the use thereof, shallbe provided or made available by the MUNICIPALITY directly to any SHERIFF'SDEPUTY, except through a written lease as provided for in this paragraph.16. Each party shall be responsible for any CLAIMS made against that Party and forthe acts of its Employees or Agents.17. In any CLAIMS that may arise from the performance of this Agreement, each partyshall seek its own legal representation and bear the costs associated with suchrepresentation, including any attorney fees.18. Except as otherwise provided in this Agreement, neither Party shall have any rightunder this Agreement or under any other legal principle to be indemnified by the otherParty or any of its agents or employees in connection with any CLAIM.19. This Agreement does not, and is not intended to, impair, divest, delegate orcontravene any constitutional, statutory, and/or other legal right, privilege, power,obligation duty, or immunity of the Parties. Nothing in this Agreement shall be construedas a waiver of governmental immunity for either Party.20. Subject to the following Paragraph, this Agreement shall become effective at 12:01A.M., May 1, 2022, and shall remain in effect continuously until it expires, without anyfurther act or notice being required by either party, at 11 :59 P.M. on September 30, 2024.In addition, any party may terminate this Agreement, prior to its September 30, 2022expiration, upon written notification to all others at least thirty (30) days prior to theproposed termination date, which date shall be clearly stated in the written notice. Uponthe expiration or termination of this Agreement, all further O.C.S.O.'S obligations toprovide MARINE PATROL SERVICES to the MUNICIPALITY under this Agreement shallend.21. This Agreement, and any subsequent amendments, shall not become effectiveprior to the approval by concurrent resolutions of the COUNTY Board of Commissionersand the MUNICIPALITY Governing Body. The approval and terms of this Agreement shallbe entered in the official minutes and proceedings of the COUNTY Board ofCommissioners and MUNICIPALITY Governing Body and shall also be filed with theoffice of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreementand any subsequent amendments shall be filed with the Secretary of State for the Stateof Michigan by the O.C.S.O. and shall not become effective or implemented prior to itsfiling with the Secretary of State.22. 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 eachsignatory to this Agreement, or any signatory successor in office, to the addresses shownin this Agreement. Except as otherwise provided for herein, all correspondence or writtennotices shall be considered delivered to a party as of the date that such notice is Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 10deposited with sufficient postage with the U.S. Postal Service or delivered to suchperson's office during normal working hours.23. This Agreement is neither intended, nor shall it be interpreted, to create, change,modify, supplement, supersede, or otherwise affect or control, in any manner or at anytime, the terms or conditions of employment of any SHERIFF'S DEPUTY with theO.C.S.O., any applicable O.C.S.O. employment and/or union contract, and/or anyO.C.S.O. rule(s), regulation(s), hours of work, shift assignment, order(s), policy(ies),procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively,govern and control the employment relationship between the O.C.S.O. and anySHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. Toillustrate, but not otherwise limit, this Agreement does not and shall not be interpreted tolimit, modify, control, or otherwise affect, in any manner:a. The complete and unilateral discretion of the SHERIFF to either continueor revoke the deputization of any ShlERIFF'S DEPUTY, or any other person who,in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fitto be a SHERIFF'S DEPUTY.b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, anddiscretion to employ, compensate, assign, reassign, transfer, promote, reclassify,discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/orpay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances,reimbursements, compensation, fringe benefits, or otherwise decide any and allsuch terms and conditions of employment and make any and all employmentdecisions that affect, in any way, the employment of any SHERIFF'S DEPUTY withthe O.C.S.D, subject only to its collective bargaining Agreements.c. The SHERIFF'S sole and exclusive right, obligation, and responsibility todetermine, establish, modify, or implement any and all operational policies,procedures, orders, rules, regulations, ethical guidelines, and/or any otherjudgment, policy or directive which, in any way, governs or controls any activity ofany SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S trainingstandards or proficiency(ies), any level or amount of required supervision, any andall standards of performance, any sequence or manner of performance, and anylevel(s) of experience, training, or education required for any SHERIFF'S DEPUTYperforming any O.C.S.O. duty or obligation under the terms of this Agreement.24. This Agreement is made and entered into in the State of Michigan and shall in allrespects be interpreted, enforced and governed under the laws of the State of Michigan.The language of all parts of this Agreement shall in all cases be construed as a whole,according to its fair meaning, and not construed strictly for or against any party. As usedin this Agreement, the singular or plural number, the possessive or nonpossessive, shallbe deemed to include the other whenever the context so indicates or requires. Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 1125. Absent an expressly written waiver, the failure of any party to pursue any rightgranted under this Agreement shall not be deemed a waiver of that right with regard toany existing or subsequent breach or default under this Agreement. No failure or delayby any party in exercising any right, power or privilege hereunder shall operate as awaiver thereof, nor shall a single or partial exercise of any right, power or privilegepreclude any other or further exercise of any other right, power or privilege.26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and theMUNICIPALITY to the extent permitted by law, upon their successors and assigns, andall persons acting by, through, under, or in concert with any of them.27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A,(incorporated herein), sets forth the entire Agreement between the O.C.S.O. and theMUNICIPALITY with regard to the O.C.S.O.'S provision of MARINE PATROL SERVICESand/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedesany and all prior agreements or understandings between them in any way related to thesubject matter hereof. It is further understood and agreed that the terms of this Agreementare contractual and are not mere recitals and that there are no other agreements,understandings, or representations between the O.C.S.O. and the MUNICIPALITY in anyway related to the subject matter hereof, except as expressly stated herein. ThisAgreement shall not be changed or supplemented orally. This Agreement may beamended only by concurrent resolutions of the COUNTY Board of Commissioners andthe MUNICIPALITY Governing Body according to the procedures set forth in thisAgreement.IN WITNESS WHEREOF, Dani Walsh, Supervisor for the MUNICIPALITY, herebyacknowledges that she has been authorized by a resolution of the MUNICIPALITYGoverning Body (a certified copy of which is attached) to execute this Agreement onbehalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the termsand conditions of this Agreement on this _ day of _,2022.WITNESSES:CHARTER TOWNSHIP OFBLOOMFIELD, a Michigan MunicipalCorporationBY:Dani WalshSupervisorBY:Martin BrookClerkIN WITNESS WHEREOF, DAVID T. WOODWARD, Chairperson, Oakland County Boardof Commissioners, hereby acknowledges that he has been authorized by a resolution ofthe Oakland County Board of Commissioners (a certified copy of which is attached) to Charter Township of BloomfieldBoard of TrusteesMay 23,2022Page 12execute this Agreement on behalf of the COUNTY OF OAKLAND and hereby acceptsand binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement onthis _ day of _ ,2022.WITNESS:COUNTY OF OAKLAND, a MichiganMunicipal CorporationBY:DAVID T. WOODWARDChairperson, Oakland County Boardof CommissionersIN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as theOakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds theCOUNTY OF OAKLAND to the terms and conditions of the Agreement on this _ dayof ,2022.WITNESS: OAKLAND COUNTY SHERIFF, aMichigan Constitutional OfficerBY:MICHAEL J. BOUCHARDOakland County SheriffSCHEDULE AMARINE PATROL AGREEMENT2022-2024Ranks: The Sheriffs Deputies to be assigned to Municipality under the Agreementto which this Schedule is attached will be Marine Deputies with a rank orclassification of'PTNE", Part Time, Non-Eligible (for Benefits.)Rates: The Hourly Rates upon which Municipality's payment obligation shall bedetermined are as follows:202220232024Marine Deputywith Boat$40.13$41.34$42.77Marine Deputywith BoatOvertime Rate$53.44$54.91$56.62Marine Deputywithout Boat$28.97$30.18$31.16 Charter Township of BloomfieldBoard of TrusteesMay 23, 2022Page 13202220232024Marine Deputywithout BoatOvertime Rate$42.28$43.75$45.46Lakes: The designated lakes and waterways upon which Marine Patrol Servicesas defined in Section 1.d. of the Agreement to which this Schedule isattached are to be provided shall be identified in writing by themunicipality. Within this writing, the MUNCIPALITY may include anyrequested schedule and a "NOT TO EXCEED" amount of billings for lakeor waterway.Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine PatrolServices shall identity the designated lake or waterway to which theyrelate.A voice vote was called.MOTION DECLARED ADOPTED 6-0.1, MARTIN C. BROOK, TOWNSHIP CLERK of the Charter Township of Bloomfield,County of Oakland, Michigan, do hereby certify the foregoing is a true and correctcopy of a resolution adopted by the Board at its regular meeting held on the 23rdday of May 2022.^jMARTIN C. BROOKBLOOMFIELD TOWNSHIP CLERK OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP BLOOMFIELD This Agreement is made and entered into between the CHARTER TOWNSHIP OF BLOOMFIELD, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 4200 Telegraph Road, P.O. Box 489, Bloomfield Hills, Ml 48303-0489 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building. #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein. INTRODUCTORY STATEMENTS Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such as this, has only limited responsibility to do so 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 enforce MARINE LAW in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of MARINE LAW in the MUNICIPALITY; and Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. "CLAIM" shall be defined to include any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which either party becomes legally and/or contractually obligated to pay, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives elected by popular vote to a COUNTY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election. c. "MARINE LAW" means Subchapter 5 ("Watercraft and Marine Safety") of the Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules promulgated thereunder by the Michigan Department of Natural Resources, and local ordinances adopted in conformity with this Act. d. "MARINE PATROL SERVICES" shall be defined and interpreted as the prevention and detection of MARINE LAW violations and the enforcement of MARINE LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE PATROL SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental MARINE PATROL SERVICES authorized by law to be performed by the O.C.S.O. e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol Investigator, Detective Sergeant, or any other person or persons of any rank, classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF. O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 2 04.01.22 2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A -SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY. MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related "Support Services," such as 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. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide MARINE PATROL SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional MARINE PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL SERVICES under this Agreement will result in any specific reduction or preventiog of criminal activity within the MUNICIPALITY or any other performance-based outcome. 3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental MARINE PATROL SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the MARINE PATROL SERVICES contemplated under this Agreement. O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 3 04.01.22 a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in the MUNCIPALITY'S geographical area, due to any of the reasons described in subparagraphs 1 - 3 below, such periods of time shall be included in and counted toward the hours allotted for MARINE PATROL SERVIES set forth in SCHEDULE A: 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the beginning of or end of any shift by any SHERIFF'S DEPUTY if that SHERIFF DEPUTY'S shift starts or ends in Pontiac; 2. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY marine patrol activities; 3. Performance of any MARINE PATROL SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of MARINE PATROL SERVICES to the MUNICIPALITY. c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours. 6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE PATROL SERVICES rendered pursuant to this Agreement at the hourly 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/or holiday pay costs incurred by the O.C.S.O. in providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page4 04.01.22 MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S MARINE PATROL SERVICES rendered during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. a. If the MUNICIPALITY purchases or otherwise obtains a special event insurance policy for itself or any lake associations for an event that occurs during the SHERIFF'S DEPUTIES' MARINE PATROL SERVICES scheduled hours described in this Agreement, the County of Oakland and O.C.S.O., including County Agents, shall be named as additional insureds on the insurance policy. 8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off 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 set-off or retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the County or it's Officials for any acts related specifically to the COUNTY'S off-setting 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. If the County chooses not to exercise its right to set-off 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. Nothing in this section shall operate to limit the COUNTY's right to pursue or exercise any other legal rights or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of amounts due the County under this Agreement. The remedies in this Section shall be available to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if the COUNTY pursues any legal action in any court to secure its payment under this Agreement, 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. 9. The MUNICIPALITY and the O.C.S.O. agree and warrant that 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 and further agree that, 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 neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the 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 and that the O.C.S.O. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 5 04.01.22 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. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. Except as expressly provided for in this Agreement, the parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either party under any existing law or regulation. 12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement. 14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, boats, 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 DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 6 04.01.22 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 additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 16. Each party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or Agents. 17. 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. 18. Except as otherwise provided in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified by the other Party or any of its agents or employees in connection with any CLAIM. 19. 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. 20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., May 1, 2022, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11 :59 P.M. on September 30, 2024. In addition, any party may terminate this Agreement, prior to its September 30, 2022 expiration, upon written notification to all others at least thirty (30) days prior to the proposed termination date, which date shall be clearly stated in the written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the MUNICIPALITY under this Agreement shall end. 21. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing with the Secretary of State. 22. 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 signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 7 04.01.22 postage with the U.S. Postal Service or delivered to such person's office during normal working hours. 23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The O.C.S.0.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the O.C.S.D, subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms of this Agreement. 24. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 25. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 8 04.01.22 26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 9 04.01.22 David T. Woodward (Jul 5, 2022 13:53 EDT) Jul 5, 2022 Jo Ann Stringfellow (Jul 5, 2022 13:59 EDT) Ranks: Rates: Lakes: Invoices: SCHEDULE A MARINE PATROL AGREEMENT 2022-2024 The Sheriffs Deputies to be assigned to Municipality under the Agreement to which this Schedule is attached will be Marine Deputies with a rank or classification of "PTNE", Part Time, Non-Eligible (for Benefits.) The Hourly Rates upon which Municipality's payment obligation shall be determined are as follows: 2022 2023 2024 Marine Deputy $40.13 $41.34 $42.77 with Boat Marine Deputy with Boat $53.44 $54.91 $56.62 Overtime Rate Marine Deputy $28.97 $30.18 $31.16 without Boat Marine Deputy without Boat $42.28 $43.75 $45.46 Overtime Rate The designated lakes and waterways upon which Marine Patrol Services as defined in Section 1.d. of the Agreement to which this Schedule is attached are to be provided shall be identified in writing by the municipality. Within this writing, the MUNCIPALITY may include any requested schedule and a "NOT TO EXCEED" amount of billings for lake or waterway. The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services shall identity the designated lake or waterway to which they relate. O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD Page 11 04.01.22