HomeMy WebLinkAboutResolutions - 2008.08.21 - 9412July 31, 2008
MISCELLANEOUS RESOLUTION #08158
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE VILLAGE OF BEVERLY HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted
Miscellaneous Resolution #00307 on December 14, 2000 authorizing the
Narcotics Enforcement Team (NET) to operate under the direction of the
Sheriff; and
WHEREAS as part of the policy and operational control on NET, the
County and the local units have agreed upon the attached Interlocal
Agreement (M.R. 4 01'..)24); and
WHEREAS the Village of Beverly Hills is requesting to join the
Oakland County Narcotics Enforcement Team; and
WHEREAS the Village of Beverly Hills has agreed to the attached
Interlocal Agreement between the Village and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to
allow the Village of Beverly Hills to participate in NET and have
agreed to the attached Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Interlocal Agreement with The
Village of Beverly Hills and authorizes the Chairperson of the Board to
sign the agreement,
BE IT FURTHER RESOLVED that one unmarked vehicle with radio and.
prep be added to the County fleet.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Gingen absent.
OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM
BETWEEN
OAKLAND COUNTY
AND
VILLAGE OF BEVERLY HILLS
This Interlocal Agreement ("the Agreement") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and Village of Beverly Hills, a municipal corporation located in the
County of Oakland, 18500 West Thirteen Mile Road, Beverly Hills, Michigan 48025
("Participating Agency"). In this Agreement, the County and the Participating Agency
may also be referred to individually as "Party" or jointly as "Parties,"
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501, et seq., the County and the Participating Agency enter into this
Agreement for the purpose of creating the Oakland County Narcotic Enforcement Team
under the direction and supervision of the Oakland County Sheriff's Department
("OCSD") and creating the Oakland County Narcotic Enforcement Team Advisory Board
to provide recommendations and counsel regarding the direction and operation of the
Oakland County Narcotic Enforcement Team.
The mission of the Oakland County Narcotic Enforcement Team is to encourage
interagency cooperation between law enforcement agencies within Oakland County and
other federal agencies in an effort to apprehend and convict those involved in the use,
sale, and distribution of illegal drugs and narcotics.
The goals of the Oakland County Narcotic Enforcement Team are:
1. To investigate drug trafficking within Oakland County with the purpose of
detecting and apprehending persons who violate narcotic and drug laws within
Oakland County.
2. To provide a means of training officers of these agencies in the techniques of
narcotic and drug law enforcement.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services
and obligations set forth in this Agreement shall be provided through the Oakland
County Sheriff's Department. All Participating Agency's services and obligations set
forth in this Agreement shall be performed by the Village of Beverly Hills. The
Oakland County Narcotic Enforcement Advisory Board will provide
Village of Beverly Hills Net Interlocal Agreement
Page 1
recommendations and counsel regarding the direction and operation of the Oakland
County Narcotic Enforcement. Team.
2. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation marks,
or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
2.1. County means Oakland County, a Municipal and Constitutional Corporation,
including, but not limited to, any and all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials. directors, board
members, council members, commissioners, authorities, committees, employees,
agents, subcontractors, volunteers, and/or any such person's successors.
2.2. means any calendar day beginning at 12:00:01 a.m. and ending at 11:59:59
p.m.
2.3. Fiscal Year means October 1 to September 30,
2.4. Participating Agency means Village of Beverly Hills, including, but not limited
to, its Council, any and all of its departments, divisions, committees, authorities,
elected and appointed officials, directors, board members, council members,
commissioners, employees, agents, subcontractors, volunteers, and/or any such
person's successors,
2.5. Oakland County Narcotic Enforcement Team "NET") means a multi-
jurisdictional task force under the direction and supervision of the Oakland
County Sheriffs Department, operating pursuant to the mission and goals set
forth in the Agreement
2.6. Oakland Counly Narcotic Enforcement Team Advisory Board ("NET
Advisory Board") means the body made up of the Participating Agency's Police
Chief or their designee who supply personnel to NET on a full-time basis and a
representative of the Oakland County Prosecutor's Office,
3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly
promulgated amendments arc incorporated and are part of this Agreement.
3.1. Exhibit A. NET Bylaws.
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in
this Agreement and applicable changes in law, the County shall provide the
following:
4.1. A building for use by NET, including repair and maintenance of the building;
4.2. Utilities for the building, including, but not limited to, electricity, heating,
cooling and water;
4.3. Janitorial Services;
4.4. Office furniture and equipment, including, but not limited to, telephones, copier,
fax, office supplies, and computer hardware and software, and repair and
maintenance of such furniture and equipment;
4.5. Security equipment for the building;
Village of Beverly Hills Net Interlocal Agreement
Page 2
4.6. Fire alarm and detection equipment;
4.7. Coordination of training of NET personnel;
4.8. Except for a duty weapon, equipment related to the operation of NET, including,
but not limited to, radios, cellular phones, pagers. bullet proof vests, travel
related to NET operations, and investigative expenses related to NET operations;
4,9. Vehicles needed for the operation of NET
4.10. Deputation of all NET personnel; and
4.11. Liability Protection for the employees assigned to NET by the Participating
Agency as set forth in Section 8.2.
5. PARTICIPATING AGENCY'S RESPONSIBILITIES. Subject to the terms and
conditions contained in this Agreement and applicable changes in law, the
Participating Agency shall provide the following:
5.1. One or more full-time employees with a duty weapon for participation in NET.
All costs associated with employment, including, but not limited to, wages, salary,
overtime, benefits, local, state and federal taxes associated with employment, and
worker's compensation, which costs shall be the sole responsibility of the
Participating Agency.
6. NET ADVISORY BOARD RESPONSIBILITIES. Subject to the terms and
conditions contained in the Agreement and applicable changes in law, the NET
Advisory Board shall perform the following:
6.1. Provide recommendations and counsel regarding the direction and operation of
NET; and
6.2. Create and regularly review the NET Bylaws and amend them if necessary.
6.3. The Advisory Board shall meet at least quarterly. Proper notice of the meetings
shall be sent to all Participating Agencies at least seven (7) calendar days before
the meeting is scheduled.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. The Agreement and any amendments hereto shall be effective when executed by
both Parties with concurrent resolutions passed by the governing bodies of each
Party, and when the Agreement is filed according to MCL 124.510. The
approval and terms of this Agreement and any amendments hereto shall be
entered in the official minutes of the governing bodies of each Party.
7.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 9.
8. ASSURANCES.
8.1. Except as provided in Section 8.2, each Party shall be responsible for its own acts
and the acts of its employees, agents, and subcontractors, the costs associated
with those acts, and the defense of those acts.
Village of Beverly Hills Net Interlocal Agreement
Page 3
8.2. Because the employees specifically assigned and supplied by the Participating
Agency to the Task Force are under the control and supervision of the County,
i.e., the Task Force Sergeant, such employees of the Participating Agency will be
covered under the County Indemnification Policy (specifically, County
Miscellaneous Resolutions 85339 and 86124 and any amendments thereto) for
law enforcement professional liability while acting within the scope of their
authority under the Task Force. Consistent with County Miscellaneous
Resolutions 85339 and 86124, and as further described in such Resolutions, the
County shall select the attorney to represent individuals on the Task Force and
shall remain in control and supervision over any claims or lawsuits involving the
individuals on the Task Force including, but not limited to, settlement of any
claims or lawsuits. The County liability protection pursuant to this Section shall
be primary and the Participating Agency's liability protection shall be excess.
9. TERMINATION OR CANCELLATION OF AGREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon 30 days
notice before the effective date of termination or cancellation. The effective date
for termination or cancellation shall be clearly stated in the notice.
9.2. The Parties shall not be obligated to pay a cancellation or termination fee if this
Agreement is cancelled or terminated as provided herein.
10. SUSPENSION OF SERVICES. Upon notice to the Participating Agency and
recommendation from the NET Advisory Board, the County may immediately
suspend this Agreement or the Participating Agency's participation in NET if the
Participating Agency has failed to comply, within the County's discretion, with
federal, state, or local law, or any requirements contained in this Agreement. The
right to suspend services is in addition to the right to terminate or cancel this
Agreement contained in Section 9. The County shall incur no penalty, expense, or
liability if services are suspended under this Section.
11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation,
and/or any other right in favor of any other person or entity.
12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
local statutes, ordinances, regulations, administrative rules, and requirements
applicable to its activities performed under this Agreement, including, but not limited
to, the policies, procedures, rules and regulations attached as Exhibits to this
Agreement, and properly promulgated amendments to those Exhibits.
13. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or another persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment. or any matter directly or
indirectly related to employment in violation of any federal, state or local law.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations for its employees and/or agents necessary to perform
Village of Beverly Hills Net Interlocal Agreement
Page 4
all its obligations under this Agreement. Upon request, a Party shall furnish copies of
any permit, license, certificate or governmental authorization to the requesting Party.
15. RESERVATION OF RIGHTS. This Agreement does not and is not intended to
impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties,
16. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to,
an act of God, war, acts of government (other than the Parties), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the ocher Party. A delegation, subcontract and/or assignment
made without the prior written consent of the other Party is void.
18. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently effect its right to require
strict performance of this Agreement,
19, SEVERABILITY. If a court of competent jurisdiction finds a term or condition of
this Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
20. CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing by first class or certified U.S. mail.
Village of Beverly Hills Net Interlocal Agreement
Page 5
21.1. If Notice is set to the County, it shall be addressed and sent to: Oakland
County Sheriff Office, 1200 N. Telegraph, Building 38 East, Pontiac, MI
48341 and Chairperson of the Oakland County Board of Commissioners,
1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341-0470.
21.2. If Notice is sent to the Participating Agency, it shall be addressed to:
Director of Public Safety, Village of Beverly Hills, 18500 West Thirteen
Mile Road, Beverly Hills, Michigan 48025.
21.3. Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
22. OVERNIN9 LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue is
proper in the courts set forth above,
23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recission, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Party's governing body.
24, ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning and not construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
Village of Beverly hills Net Interlocal Agreement
Page 6
WITNESSED: 62,,,Lkr #.1/A4-0)1L--11-i _ Ellen E Marshall
Village Clerk
DATE: -i -q
WITNESSED'.
r../a
Ruth Johns
County of
lerk, Register of Deeds
land
IN WITNESS WHEREOF, C_hr 4il.f)6n
hereby acknowledges that he has been authorized by a resolution of the Village of
Beverly Hills Council, a certified copy of which is attached. to execute this Agreement on
behalf of the Village of Beverly Hills:
EXECUTED: art-,
Chris Wilson
Village Manager
DATE: 02,4270
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson. Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behalf of the Oakland County.
EXECUTED: 8.0.12. lA ),) DATE: a I Cc\
Bill Bullard, Jr. Chairperson f
Oakland County Board of Commissioners
DATE: g7,-,3707
Village of Beverly Hills Net Interlocal Agreement
Page 7
VILLAGE OF BEVERLY HILLS MICHIGAN
EXCERPT OF REGULAR COUNCIL MEETING MINUTES — FEBRUARY 3,2009
Present: President Steam; President Pro-Tern Koss; Members: Berndt, Briggs,
Mooney and Peddie
Absent: Oen
REVIEW AND CONSIDER INTERLOCAL AGREEMENT WITH OAKLAND
COUNTY NARCOTICS ENFORCEMENT TEAM
Motion by Mooney, second by Koss, that the Village of Beverly Hills Council approve
the Interlocal Agreement between the Village of Beverly Hills and the Oakland County
Narcotics Enforcement Team (NET), thus providing a Beverly hills Public Safety Officer
to serve on that interagency drug task force.
Roll Call Vote:
Koss - yes
Mooney - yes
Peddie - yes
Steam - yes
Berndt - yes
Briggs - no
Motion passed (5 — 1).
CERTIFICATION
I, Ellen E. Marshall, Clerk of the Village of Beverly Hills, Oakland County,
Michigan, do hereby certilY and declare that the above is a true and correct copy of a
resolution that was adopted by the Village Council at a regular meeting held on Tuesday.
February 3, 2009.
Ellen E. Marshall
Village Clerk
dated: February 12, 2009
18500 W. la Mile Road • Beverly Hills, MI 48025 • 1248) 646-6404 • FAX [248) 646-3703
Resolution #08158 July 31, 2008
The Chairperson referred the resolution to the Finance Committee. —here were no objections.
($ 852) ($10,218)($10,218)
786 9,430 9,430
66 788 788
$ 0$ 05 0
S 17,000
17,000
-0-
0
$ 786 $9,430 $9,430
17,000 0 0
$ 17,786 $ 9,430
$ 786
$ 786
$ 17,000
$ 9,430 $ 9,430
$ 9,430 $9,43C1
$ 0$
FISCAL NOTE (MISC. #08158) August 21, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF'S OFFICE — NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL AGREEMENT
WITH THE VILLAGE OF BEVERLY HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced •
resolution and finds:
1. The Village of Beverly Hill has requested to join the Oakland County Narcotics
Enforcement Team (NET).
2. This agreement authorizes one unmarked vehicle with a radio and prep be added to the
County Fleet.
3. Capital acquisition funding of $17,000 for a used car, preparation labor, and parts is
available in Law Enforcement Enhancement (4030101-222430), which has a current
balance of $81,195 as of August 5, 2008.
4. Annual operating expenses for the leased vehicle (including gasoline surcharge) is
$9,430 and radio cost is $788 for a total operating cost of $10,218.
5. Remaining operating expenses for FY 2008 is $786 for the leased vehicle and $66 for the
radio, for a total operating cost of $852.
6. Funding is available in the General Fund Non-departmental Contingency account to
cover the operating expense for FY 2008.
7. A budget amendment is recommended for FY 2008 as well as the FY 2009 and FY 2010
County Executive Recommended Budget as fof:ows:
GENERAL FUND #10100 FY 2008 FY 2009 FY 2010
Expenditures
9090101-196030-730359 Non-Dept Contingency
4030601-110000-776661 Motor Pool
4030601-110000-777560 Radio Comm.
Capital Costs
4030101-112580-670285 Enhancement Funds
4030601-116180-788001-66100 Trfrs to Motorpool
Total General Fund Expenditures
MOTOR POOL FUND #66100
Revenues
1030811-184010-631071 Leased Equipment
103081 1-1 84010-695500-10100 Trfrs from General
Total Motorpool Revenue
Expenditures
1030811-184010-761156 Depreciation
Total Motorpool Expenses
Motorpool-Estimated Change in Fund Equity
RADIO COMMUNICATIONS FUND *53600
Revenue
1080310-115150-631071 Leased Equipment
Total Radio Comm. Revenue
Expenditures
1080310-116170-750170 Expendable Equip.
Total Radio Communications Expenses
Radio Comm.-Estimated Change in Fund Equity
$ 66 $ 788 $ 788
S 66 $ 788 37_03
$ 66 $ 788 $ 788
$ 66 $ 788 $ 788
$ -0- $ -0- $ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack and Potter absent.
7/z 3/0 Y
Resolution #08158 August 21, 2008
Moved by Long supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda.
be adopted (with accompanying rtiuiLs beil iy acueyted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long. Middleton, Nash, Potter. Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
Y APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 August
21, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 21st day of August, 2008.
11' II
Gat
Ruth Johnson, County Clerk