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Home My WebLink AboutResolutions - 2008.11.20 - 9560f November 6, 2008 IVIISCELLANEOUS RESOLUTION #08249 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL- JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriffs Office to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol service 8; and WHEREAS new contract rates have been developed for the 12-month period commencing January 1, 2009, through December 31, 2009, consistent with the attached schedule: and WHEREAS a proposed agreement has been developed and is attached; and WHEREAS Corporation Counsel has reviewed the agreement NOW THEREFOREBE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1 2009, through December 31, 2009: Contract 2009 Captain $162,916 Lieutenant 143,296 Patrol Sergeant 127,676 Det. Sergeant 132,320 Dep il(w/fill) 136,538 Dep • 115,672 Dep 11(no-fin/ no vehicle) 109,876 Patrol Inv. 120,316 Depl(no-fill) 94,426 BE IT FURTHER RESOLVED that THE Board of Commissioners authorizes the Chairperson of the Board and the Sheriff to sign agreements for Law Enforcement Services at these established rates with the following communities. City of Rochester Hills Addison Towns.hip Brandon Township Commerce Township Highland Township Independence Township Lyon Township Oakland Township Orion Township Oxford Township Royal Oak Township Springfield Township Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Potter, Gingell, Potts and Gregory absent OAKLAND COUNTY, MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE r CAPTAIN Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate Rate Rate Rate (inc. FIB) Salary 90.412 87,703 N/A - - N/A Weekend Duty Pay 4.900 6,066 SALARY TOTAL $95,312 $93,769 FICA 7,291 7.173 Retirement 24,114 27,718 Hospitalization 13.385 11,736 Defined Contr Match Group Life 429 244 Worker's Comp 2.710 2,423 Disability 315 403 Unemployment 105 188 Dental 792 740 Optica; 125 107 FRINGE BENEFIT TOTAL $49.266 $50732 Radio Renter 608 0 Transportation 6,335 10,440 Deputy Supp/ies 369 393 Uniform Cost 521 473 Equipment Rental 191 180 Liability Ins 967 1 762 OPERATING TOTAL $8,991 $13,268 CLEMIS 163 163 Dispatch 4 702 4.984 OPER. SUPPORT TOTAL $4,865 $5,147 TOTAL COST $158,434 $162,916 CHANGE OVER/(UNDER) 2.83% PREVIOUS YEAR OAKLAND COUNTY, MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE LIEUTENANT Proposed Proposed 2008 2009 2008 DT 2009 OT COST COMPONENTS Rate Rate Rate Rate (inc. FIB) Salary 79 359 79 562 $ 79.66 $ 79_41 SALARY TOTAL $ 79 359 $ 79,562 FICA 6.071 6,086 Retirement 20,078 23,519 Hospitalization 13,385 11,736 Defined Contr Match 0 0 Group Life 357 207 Worker's Comp 2,256 2.423 Disability • 262 342 Unemployment 87 159 Dental 792 740 Optical 125 107 FRINGE BENEFIT TOTAL $43,413 $45,319 Radio Rental . 608 0 Transportation 6,335 10,440 Deputy Supplies 369 393 Uniform Cost 521 473 Equipment Rental 191 180 Liability Ins 967 1 782 OPERATING TOTAL $8,991 $13,268 CLEWS 163 163 Dispatch 4 ,702 4 984 OPER. SUPPORT TOTAL $4,866 $5,147 TOTAL COST $136628 $ 143,296 CHANGE OVER/(UNDER) 4.88% PREViOUS YEAR • , OAKLAND COUNTY, MICHIGAN LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE 2005 PATROL SERGEANT Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate Rate Rate Rate (inc. FIB) Salary 72.376 71 614 $ 65.66 $ 71.48 SALARY TOTAL $ 72,376 $ 71,614 FICA 5,537 5,478 Retirement 18.311 21,169 Hospitalization 13.385 11,735 Defined Contr Match 0 0 Group Life 326 186 Worker's Comp 2.058 2,423 Disability 239 308 Unemployment 80 143 Dental 752 740 Optical 125 107 FRINGE BENEFIT TOTAL $ 40,851 $ 42,291 Radio Rental 203 0 Transportation - 4.800 5,796 Deputy Supplies 369 393 Uniform Cost 521 473 Equipment Rental 191 180 Liability lns 967 1 782 OPERATING TOTAL $ 7.051 $ 8,624 CLEIVIIS 163 163 Dispatch 4 702 4 984 OPER. SUPPORT TOTAL $ 4,866 $ 5,147 TOTAL COST $125,143 $ 127,676 CHANGE OVER/(UNDER) 2.02% PREVIOUS YEAR .7 OAKLAND COUNTY, MICHIGAN LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE 2009 DETECTIVE SERGEANT Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate Rate Rate Rate (inc. F/B) Salary 72.376 71,614 $ 69.66 $ 71.48 SALARY TOTAL 72,376 $ 71,614 RCA 5,537 5,478 Retirement 18,311 21,169 Hospitalization 13.385 11,736 Defined Contr Match 0 Group Life 326 186 Worker's Comp 2,058 2,423 Disability 239 308 Unemployment 80 143 Dental 792 740 Optical 125 107 FRINGE BENEFIT TOTAL 840,851 42,291 Radio Rental 608 0 Transportation 6,335 10,440 Deputy Supplies 309 393 Uniform Cost 521 473 Equipment Rental 191 180 Liability Ins 967 1 782 OPERATING TOTAL $8,991 $13,268 CLEWS 163 163 Dispatch 4i02 4 984 OPER. SUPPORT TOTAL 84.866 $5,147 TOTAL COST $ 127,084 $ 132.320 CHANGE OVER/(UNDER) 4 12% PREVIOUS YEAR TOTAL COST 8132,591 8 136,538 OAKLAND COUNTY, MICHIGAN LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE DEPUTY II (With PiII-1n) COST COMPONENTS Salary Court Appearance Overtime Fill-ln: Holiday Pay Sick Leave Annual Leave Death Leave Fill-In Charge SALARY TOTAL FICA Retirement Hospitalization Defined Contr Match Group Lite Worker's Comp Disability Unemployment Dental Optical FRiNGE BENEFIT TOTAL Radio Rental Transportation Deputy Supplies Uniform Cost Equipment Rental Liability Ins OPERATING TOTAL 2008 Rate 62.824 3,039 2.981 2.886 2,339 3 742 93 8,960 $77 825 5 954 19,690 13,385 350 2.213 257 85 792 125 $42,850 203 4,800 369 521 191 967 $7,051 Proposed 2009 Rate 62,922 3,048 2.904 2,904 1,614 4,356 9,1 9 165 $78,031 5,969 23,066 11736 0 203 2,423 336 156 740 107 $44,736 0 5 796 393 473 180 1 ,782 $8,624 Proposed 2008 OT 2009 OT Rate Rate $ 60.45 $ 62.80 (inc. F/i3) CLEMIS Dispatch OPER. SUPPORT TOTAL 163 4 702 64,866 163 4.984 $5,147 CHANGE OVERi(UNDER) PREVIOUS YEAR 2.98% 2008 Rate 62.824 62,824 4,806 18.894 13,385 0 283 1 786 207 69 792 125 337.347 203 4,800 369 521 191 967 $7,051 163 4,7Q2 $4,956 Proposed 2009 Rate 62 922 S 62,922 4.814 18,600 11,736 0 164 2,423 271 126 740 107 $38,979 0 5,796 393 473 180 1 782 $8,624 163 4 984 $5,147 $112,087 $ 115,672 OAKLAND COUNTY, MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE DEPUTY II (With No Fill-In) Proposed 2008 OT 2009 OT Rate Rate (inc. FIB) 60.46 $ 62.80 COST COMPONENTS Salary SALARY TOTAL FICA Retirement Hospitalization Defined Contr Match Group Life Worker's Comp Disability Unemployment Dental Optical FRINGE BENEFIT TOTAL Radio Rental Transportation Deputy Supplies Uniform Cost Equipment Rental Liability Ins OPERATING TOTAL CLEMIS Dispatch OPER. SUPPORT TOTAL TOTAL COST CHANGE OVER/(UNDER) 3.20% PREVIOUS YEAR OAKLAND COUNTY. MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE DEPUTY 11 (No Fill-In & No Vehicle) Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate Rate Rate Rate (ins FIB) Salary 62.824 62 922 $ 60.46 $ 62.80 SALARY TOTAL 62.824 62,922 FICA 4 .806 4,814 Retirement 15,431 18,600 Hospitalization 13,385 11,736 Defined Contr Match 0 0 Group Life 283 164 Worker's Comp 1.786 2,423 Disability 207 271 Unemployment 69 126 Dental 792 740 Optical 125 107 FRINGE BENEFIT TOTAL $37.347 $38,979 Radio Rental 203 0 Transportation 0 0 Deputy Supplies 369 393 Uniform COM 521 473 Equipment Rental 191 180 Liability Ins 967 1,782 OPERATING TOTAL $2,251 $2,826 CLEMIS Dispatch OPER. SUPPORT TOTAL 163 163 4,702 4.984 64,865 65,147 TOTAL COST $107287 $ 109.876 CHANGE OVER/(UNDER) 2.41% PREVIOUS YEAR OAKLAND COUNTY, MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE PATROL INVESTIGATOR Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate laak Rate Rate (inc. Fil3) Salary 62.824 62 ,922 $ 60.46 $ 62.80 SALARY TOTAL 62.824 62,922 FICA 4,806 4,814 Retirement 15,894 18,600 Hospitalization 13,385 11,736 Defined Contr Match 0 Group Life 283 164 Worker's Comp 1,786 2,423 Disability 207 271 Unemployment 69 126 Dental 792 740 Optical 125 107 FRINGE BENEFIT TOTAL $37,347 $38,979 Radio Rental 608 0 • Transportation 6,335 10,440 Deputy Supplies 369 393 Uniform Cost 521 473 Equipment Renta: 191 180 Liability Ins 967 t782 OPERATING TOTAL $8,991 $13,268 CLEWS 163 163 Dispatch 4.702 4 984 OPER. SUPPORT TOTAL $4,866 $5.147 TOTAL COST $114,027 $ 120,316 CHANGE OVER/(UNDER) 5.52% PREVIOUS YEAR OAKLAND COUNTY, MICHIGAN 2009 LAW ENFORCEMENT PATROL SERVICES ANNUAL CONTRACT RATE DEPUTY I (No Fill-In) Proposed Proposed 2008 2009 2008 OT 2009 OT COST COMPONENTS Rate Rate Rate Rate (inc. F/B) Salary 47 451 47,537 $ 45.68 $ 47.44 SALARY TOTAL 47.451 47,537 FICA 3,630 3,637 Retirement 12,005 14.052 Hospitalization 13.385 11,736 Defined Contr Match 0 0 Group Life 214 124 Worker's Comp 1,349 2,423 Disability 157 204 Unemployment 52 95 Dental 792 740 Optical 125 107 FRINGE BENEFIT TOTAL • $31,708 $33,118 Radio Rental 203 0 Transportation 4,800 5,796 Deputy Supplies 369 393 Uniform Cost 521 473 Equipment Rental 191 180 Liability Ins 967 j782 OPERATING TOTAL $7,051 $8,624 CLEMIS 163 163 Dispatch 4,702 4 984 OPER. SUPPORT TOTAL $4.566 $5,147 TOTAL COST $91,076 $ 94,426 CHANGE OVER/{UNDER) 3.68% PREVIOUS YEAR f2 OAKLAND COUNTY SHERIFF'S DEPARTMENT 2009 LAW ENFORCEMENT SERVICES AGREEMENT WITH City or Township XYZ This Agreement is made and entered into between the CHARTER TOWNSHIP OF XYZ, a - Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 123 Road, P.O. Box 123, XYZ City, Ml, 48XYZ, (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, ireth eiCapecity of a Michigan Constitutional Officer, whose address is 1200 North Telegrph ,RoadijIdg. 38E, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agre'ementwheneVer the COUNTY and SHERIFF are intended as joint or co-obligors they yiJl beT,eferre'dlp. collectively as the "OAKLAND COUNTY SHERIFF'S DEPARTMEW".Pitees iblereviited, the "O.C.S.D.", otherwise, "COUNTY" and "SHERIFF" shall ref61:1.Pnly tceindiVidual de \sc\ribed herein. \e„ \ \ Whereas, the MUNICIPALITY is authorized to prok)ide.bblice services for residents of the MUNICIPALITY; and Whereas, the 0.C,S.D. is authorized to prorAde police services for residents of Oakland County but, absent an agreement such as this has only limited responsibility for police services in the MUNICIPALITY; and / Whereas, the O.CeS ..P. and the MUNICIPALay may enter into an agreement where the 0.C.S.0. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and Whereasethe MUNIOIFIALITY-desires to CCitittatt With the 0.C.S.0. for such additional Law Enforcement Services 011ie MUNICIPALITY; a-nd „ Whereas, theqC.S.D. is agreeable th,f5rOviding additional LAW ENFORCEMENT SERVICES . , . in the MUNICIPALITY With theadditicibel personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, inconsideration 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 DEPARTMENT", and "O.C,S.D." as defined above, the parties agree that for all perposes, 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, fo- any reason, is no longer employed in that capacity. INTRODUCTORY STATEMENTS .5 a. "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. b. "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 Are Marsha/l, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster, c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers agents, representatives, predecessors, successors. attorneys, or auditors, other thah-MUNICiPALITY OFFICIALS as defined above (whether such persons act„ or actedJrt their personal representative, or official capacities), and/or any and all persons acting'by, .through, under, or in concert with any of them. \ d. "MUNICIPALITY LIAISON" shah 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 ca\tia-itY for all purposes under this Agreement. / • e. "O.C.S.D. LIAISON'''Shall-be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide EA/VENT 9RCEMENT.SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFFVmaintain all fines of communications with the MUNICTALIP(LIAISON, as defined herein. The 0.C.S.D. LIAISON will gerierallybe the commanding officer, if orie, or a SHERIFF'S DEPUTY designatecietriekiting, by the SHER I FF to perform thisfunction, N' f. "LAWENFORCEMENT SERWC,ES"_ and for all purposes under this Agreement , shall 1:5.:6 defined and:nterpreted!ae the prevention and detection of crime and the eniorCement of the general criminal-lews of this state, as provided for by state statutes 'and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic Ordinancee/iolations and laws of this state, and shall also include road patrol crime detection, crime prevention, and criminal apprehension, as well as any necessarrsupervision\of SHERIFF'S DEPUTIES, or other circumstances involving public safety, a beach of peace, civil infractions, accidents or accidental injuries, and any related governmental lqw enforcement functions as authorized and/or mandated by law as limited by and 4o the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by th,MUNIC/PALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the 0.C.S.D. 9- "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy ft, Deputy I, 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. 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 0,C.S.D. LAW ENFORCEMENT SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all 200.3 LAW E-NFORCEME1 SERV:CES AGIREEML-1-7-WT HARTEP TOVVMS1-1P OF Pane • private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D. police-related "Support Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. 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 0.C.S.D. 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 LAW ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFFS DEPUTIES to provide LAW ENFORCEMENT SERVICES-to the MUNICIPALITY. b. The SHERIFF will make every reasonable':.eff.'Ort,to prdiiide professional LAW ENFORCEMENT 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 prevision in till's Agreement, th'i,s Agreement shall not be interpreted to include any warranty;tirornise pr guaranty, either 'eXpre/ssor implied, or of any kind or nature whatsoever, in fav6r\ of the MUNICIPALITY and/Or any other person or MUNICIPALITY resident that the 0.C.St;IS,prOVision of LAW ENFORCEMENT SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within theIVIUNICIPALITY or any other performance-based outcome. • 3. The 0.C.S.D. and the MUNICIPALITY agree that the sole=and exclusive purpose of this Agreement is to provide governmental LAW EN/FORCEMENT;SERVICES in and for the MUNICIPALITY, ExcePf-as—otherwise exkesslyprovided,for in this Agreement, the MUNICIPALITY agrees that this'Agreementdees not and .;IS .not intended to, create, by implication or otherwise, any speoific, direct &indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D,'=s,LAW ENFORCEMENT SERVICES in favor of or to the benefit of any particular per-abri(s) beyoncl„.the..0.:C.S::D,:!S and/or any SHERIFF'S DEPUTY'S law enforcement officer duty as esiAlipt)ed under existingiaWetc4the general public. 4, Except as otherwiSe:expresSjy provided for in this Agreement, any SHERIFF'S DEPUTY contracted fer,arid assigned'to, provide.VAW ENFORCEMENT SERVICES to the MUNICIPALITY;as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is'IdOng 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 MUNIC/PALITY 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 0.C.S,D. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY. 0,C.S.C. 204e LAY'' 2NFOREMEN7 SERViCES AGREEMErT :',HARTZ-r. TOWNSHIP OF-. PUCIS 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 LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period in which it occurred. 1. Travel time. on a daily basis, to or from the 0.C.S.D, in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY'S shift starts or ends in Pontiac; 2. Attendance (not to exceed 100 hours perSHERIFF'S DEPUTY. per calendar year) at any 0.C.S.D. authorized ori=equiredereining session, function or meeting; 3. Provision of any Mutual Aictiselesdileed anckiefined above; ee. / 4. Appearance in any Coat ,Or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY law enforcement activities - „ 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that take any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geograp hical area and , , - 6. Any approved period of annual leave sick leave, holiday leave, personal leave,,Oieane other approved, paidleave(excePt any paid disciplinary leave and/or ieng-term disability leave extending.beyond a period of five (5) working daYS) granted to any SHERIFFS DEPUTY .in accordance with applicable 0.C.S.D. policies, .procedures, and/creemployment contracts. be" , Suti;jeetto the'SHERIFF'S'eiWzto:tonsoiidate the assigned shifts of SHERIFF'S (DEPUTIES in order to concentrate lawenforcement efforts to meet particular law enftircement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted Jor under this Agreement so as to provide the broadest possible coveradeof LAW ENFORCEMENT SERVICES to the MUNICIPALITY. c. All 0C.S.D. 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 0.C.S.D., by appointment, during normal business hours, 6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to. incorporated in and made a part of this 2E10f1 LAW ENFORCErWr-J-7 SERV:CES AGREEME rcr THF :HAF--:TEF. TOWNSHIP 07 'i:Y= Page Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of this Agreement. lf, however, in the unlikely event that the 0.0.5.0. is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly period, as provided for in this Agreement. without the O.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT SERVICES for which the 0.0.5.0. does not incur any overtime obligation shall be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE B. 7. The MUNICIPALITY shall not have the right under thiSrAgreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S..or SHERIFF'S DEPUTY'S services, duties, or obligations under this Agreement to any othee :publit..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 LAW ENFORCEMENT 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 LAW ENFORCEMENT SERVICES, the MUNICIPALRY shall address such concerns/for additional LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this AVeeenient (i.e., se, . 8. The MUNICIPALITY will,:pay'ithe:0C.S.D. for all 'SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The MUNICIPALITY.further'egrees to reiMburs6:the 0.C.S.0. for any and all additional hours of work,„pvertime, andiorholidasrpay.costs incurred by the 0.C.S.0. in providing LAW ENFORCEMENT SERVICES to the 'MUNICIPALITY under the terms of this Agreement. For every bi-weeklyperioci (corresponding tb,-established.1.):C.S.D. payroll periods) during which any SHERIFF'S DEPU,TY renders anyLAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agi;eement,. the 0.C.S.D.Ihall prepare and send to the MUNICIPALITY an invoice tlWaets..forth ti*bi.7Weekly..amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT -SEEWICES-rendered dUring-thaebi-weekly period, plus any charges for any additiorier hours of workivertintle, anclfor holiday pay, as provided for herein, during that bi- weekly biliing\period. Al) overtime charges are to be itemized and designated for the reason incurred. The ,MUNICIPALITY.agreeS10:-pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required under this Agr\eerrient.the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the teeaSurer of the State of Michigan (or any other State of Michgian official authoirized to disbarse funds to the MUNICIPALITY), the State of Michgian is authoirized to withold any funds due the MUNICIPALITY from the State and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the COUNTY. Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for any reason to timely pay the COUNTY the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTFR") or any other source of funds due to the MUNCIPALITY in possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to tne COUNTY. Further, the MUNICIPALITY waives any claims against the COUNTY, or its officials, for any such amounts paid to the COUNTY. Nothing in this Agreement shall operate to limit in any way the COUNTY'S 0.Z.5.n. 2009 LAW ENFORCEJV1ErT SERVIC,ZE'L, ACiIREENLEK7 WM--; THE CHARTER TOWNSHIP OF P4ge preceding Paragraph). right to pursue any other legal remedies against the MUNCIPALITY for the reimbursement of amounts due the COUNTY under this Agreement. The remedies in this paragraph are available to the COUNTY on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. 10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0,C.S.D. nor any SHERIFF'S DEPUTY, by v:rtue 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 0.C.S.D.'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. 11. The MUNICIPALITY and the 0.C.S,D. agree and.vvarrant,that, at all times and for all purposes relevant to this Agreement, the 0.C.S.D.5,,Shall remain the._.sple and exclusive employer of all SHERIFF'S DEPUTIES and that the 0.c.,s4xshell,reriiain sole1/\\and exclusively responsible for the payment of all SHER1FF'9'.DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension O:PrOO.emerkt benefits, travel expenses mileage allowances, training expenses, transportation cbSts, and/or other allowanceSreimbursements 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;,beriefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of ,the'ci.C,S.D. Except as expressly provided otherwise in this Agreement, the MUNICIPALITY shall nolgrept, give, aliaie,p4,,,reimburse, compensate, or otherwise provide any wages, fringe benefits, prrITVIleges, gifts equipment, automobiles, personal property, supplies, benefits entitlement, Considerationqmonetery or otherwise) or any other thing of value, either dirpdtly or indiredtly, to, for the use by dr ..O.n.-behalf of any individual SHERIFF'S DEPUTY. Any conaideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable,equipment (e ,g,, portable telepiluries, portable computers/breepers.„ etc.)'Suppliedi :--`pityided, andZOPleased directly to the COUNTY shall not, for any plirpOse of this,AgreeMent, be interPrateCres being provided by the MUNICIPALITY, either directly or indirectly, to, fdr-the use by or on behalf of, any individual SHERIFF'S DEPUTY. 12. The MUNICIPALITY May, in itsAiscretion, in such locations and circumstances as it decides, provide sditable office-space, office equipment, all required utilities and related facilities (e .g., desks‘Chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, loCker room facilities, uniform changing areas, etc) in MUNICIPALITY- owned or leased buildingSitOthe 0.0.8.0. for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the 0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing e Sub-Station for 0.0.8.0. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the main 0.C.S.D. Law Enforcement Complex instead of within the MUNICIPALITY. The MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by the 0.C.S,D. shall be by mutual agreement and consent of the parties. Under no circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub- 0.C.S.D. 2009 LAW ENFORCEMENT SERVICES AGREEMENT W;TH THE CHARTER TOWNSHIP OF XYZ Pape Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following terms and conditions shall apply: a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable, nonexclusive License over that portion of such MUNICIPALITY premises for use by the 0.C.S.D. and SHERIFFS DEPUTIES assigned to the MUNICIPALITY. b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks, devices and fire safety devices and safety precautions, reconstruction, custodial services, including rubbish and trash removal for the Facility, and also includes the provision of utilities required to operate the facility for the purposes of this License, including, but not limited to heat, air conditioning, power, and water (but excluding any monthly telephone charges for permanentl y installed Sub-Station telephone), at no cost to the 0.C.S.0 . ...„ 'l e \; c. Use of the Sub-Station License stiali erid upon The terrnination or expiration of , e , this Agreement as provided herein. /An/Yesuch Sub-Station Licenshall also be terminable, at any time and for any reason, by either the MUNICIPALITY/the COUNTY, or the SHERIFF ee e , \ ' ' / d. Subject to and under all circumstances,:Subo'rdinate to any MUNICIPALITY rights or protections unclee;anMUNICIPALITY ineurance policy, or similar agreement with any third party, protectinglhe'MUNICIPALITY against any loss or damage to any Sub-Station premises, from fire or any -other peril, the COUNTY shall be responsible for any damage to any Sub-Station facility dyectly caused by or directly resulting from the act of any SHERIFF!S-DEP.IJTY, normal weer and tear excepted. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station fealties and equipment, e 13. Except as expretety provided for in this'Apreement, the MUNICIPALITY agrees that this Agreemenzeddbe.-plat, and it'pqeintendedeo, transferedelegate, or assign to the COUNTY, the SHERIFF, and/or anYeSHERIFF'S DEPLITYeny-OiVil or legal responsibility, obligation, duty of /. care, oOlability associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under exiSting law:'.-. 14. Except aS,‘expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acti seg under the terms of this Agreement shall perform any services directly or otherwise be available:0 perforen any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed &Utilized, in any manner or capacity, by the MUNICIPALITY. 15. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to request, advise, or otherwise make the 0 C.S.D. aware of particular law enforcement needs and services within the MUNICIPALITY, or to provide other relevant information which has come to the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY LIAISON an opportunity to interview and meet any command officers before they are assigned to the MUNICIPAUTY; however, the SHERIFFS decision on the assignment of any SHERIFF'S DEPUTY shall be final. The 0.C.S,D. LIAISON shall, only to the extent that any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this O.C.S.C. 2009 LAW ENFORCEMEN7 SERI/JCE AGREEMENT WITI-; THE CHARTER TOWNSHIP OF XYZ Pasta Agreement, Notwithstanding the above, however, neither the MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise 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 0.C.S.D.'S duty or obligation under the terms of this Agreement. 16. 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, wnether eivileor criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHER/FFS:DEPUTY. The MUNICIPALITY agrees to cooperate with the 0.C.S.D. in any investigation conducted. by the SHERIFF into the character and/or fitness of any SHERIFFS DEPUTY. e. 17. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, autornobilei,seadiaScornmunicatiOns equipment, firearms, and any and all other equipment that the in its Sole judgment;\deems required or beneficial for the completion of any 0.C.S.D;.!S;dety under the terms of thiS-:Agrepreent, The 0.C.S.D. shall also be solely and exclusively resPo snsible.:for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment Costs, insurance(i)etupplies, etc., except that any stationery, noticeseferms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the neele%Ofthe MUNICIPALITY, shall be supplied to the 0.C.S.D. by the MUNICIPALITY at the MUNICIPALITY'Ssple cost and expense In the event that the MUNICIPALITY wants any special or addition-al:personal propertyte .equipment (I e, cellular telephones, beepers, personal items or ecitlipment,,:ipprtable cbinputers, automobiies, motorcycles, etc.) topeetire-Vided, at MUNICIPALITY expense or otherwise, to any SHERiFF'S DEPUTY assignedito ,the MUNICIpALITY, *MUNICIPALITY shall direct such requests to the 0.C.S.D. which stiall's.elely decide whether such personal 'property or special equipment shall be provided. Any and all silieh additional personaproperty, portable or individual use equipment or property, andlpeany;epeci`alequ,iprrientAabe proVided by the MUNICIPALITY shall be provided directly arids',exclusiVely,to the'O:C.S.D., aneflhen,ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhereln-this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be or'rnade available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, excepilhrough a written lease as provided for in this paragraph. 18. Except as oth'erwise provided in this Agreement, the COUNTY agrees to defend, indemnify and hold theM.UNiCIPALITY or any MUNICIPALITY OFFICIAL (as defined above) harmless from any and claims, civil actions, civil suits, or civil proceedings (together with all reasonable and directlyeelated and resulting costs, expenses, damages, and liabilities) which are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any MUNICFPAUTY OFFICIAL both incurred and becomes legally obligated to pay, which are based upon or resulted from any alleged negligent or intentionally tortous act(s) or omission(s) of any SHERIFF'S DEPUTY, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this Agreement. The COUNTY. however, shall have no obligation to the MUNICIPALITY or any MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of loss or damages by the MUNICIPALITY OFFICIAL Of MUNICIPALITY AGENT for any past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind ; including, but not limited to, 0.0.5,0. 2049 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF XYZ Paw t 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 MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status as an officer, employee or agent of the MUNICIPALITY for arty alleged intentional tort, infliction of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT. 19. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL harmless from any arid all civil claims, civil actions, civil suits, or civil proceedings (together with all reasonable and directly related and resulting costs, expenses, damages, and liabilities) whicti are brought against the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL by any person otheefhan the MUNICIPALITY, the SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFFS,p'EPUTarthat the COUNTY, the SHERIFF, and/or any COUNTY OFFICIAL incurred and/or`becemes legally obligated to pay, which are based upon or resulted from any alleged negligent orintentional tortious act(s) or omission(s) of any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT, 20. Notwithstanding the indemnification pbligations of the MUNICIPALITY or the COUNTY described in the preceding two Paragraphs,',,néher the COUNTY nor the MyNICIPALITY shall be required or obligated to defend, indemnify, andipr hald ,,any party, the officials Of agents of any party, and/or any person harmless in any criminal investigation, criminal case criminal prosecution or criminal proceeding,oepay any costs, -expenses, fines, damages, or liabilities of any kind whatsoever which are,inedrred:je .or result frorri',aey criminal investigation or prosecution. , .. 21. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold , harmless promisesabilities:-and any MUNI9IFALITY ,Oayment obligations provided for in this Agreement, with regard to any adts, occurrences, eventstransactions, or claims either occurring or having their basis itiany events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the Cancellation or expiration of this Agreement. 22. itiSaieitherTheaintent-Ofthe coLiSnyToe..the MUNICIPALITY that this hold harmless or indemnification provision; or any otherprovision/Of this Agreement, shall inure, either directly or indirectly, ttlie benefit of any person or party other than the COUNTY, the MUNICIPALITY, the SHERIFF, any,-.MUNICIPALITy OFFICIAL; and any COUNTY OFFICIAL, as defined and provided for her:6in, Except aS,:expressly provided herein, this Agreement does not, and is not intended to, createby implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right tO33e indemnified, or any other right of any kind in favor of any person, organization, alleged thlid7party.beneficiary, or any right to be contractually, legally, equitably, or otherwise sularogated to inyitidemnification or any other right provided under the terms of this Agreement. 23. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1, 2009, 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 December 31, 2009, in addition, any party may terminate this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at least ninety (90) 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 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end. 24. This Agreement, and any subseauent 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 tris Agreement shall de entered in 2002 LAW ENFORCE-MEV- SERVICES AGREEMENT WIT- THE CHART:FR TOWNSHIP 0= XY: Pape F 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.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 25. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.C.S.D., in writing, of this intent no later than July 31, 2009. If the MUNICIPALITY, as above, notifies the 0.C.S.D. of its intent to enter into a new agreement, and the 0,C.S.D. has a similar interest, the 0,C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES on or before. August 22, 2009. ;In no event shall this paragraph be interpreted to obligate the 0.C.S.D. Of the MUNICIPALITY to'cqntinue any Agreement for any LAW ENFORCEMENT SERVICES beyond the expirationeOfthis Agreement unless a new fully executed contract is executed by the parties. In the eveht-thatlhe MUNICIPALITY terminates this Agreement or elects not to enter into a subsequent agreement because it decides to establish its own police department, the MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY who may be laid off by ih -e0.C.S.D. as a result of this decision, but in no event shall the MUNIctRALITY be obligated to hIre.any such SHERIFF'S DEPUTY. > _- 26. The parties shall send, by first class mail, al) correspondence and written notices . . . . required or permitted by this Agreement to each signatoty to this Agreemenf,'or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited With sufficient postage witilthe U.S. Postal Service. 27. This Agreemeni-is neither intendedonor phall it beinterPreted, to create, change modify, supplement, supersede, or otherwise affect or/Control, in any manner or at any time, the terms or conditions of emploYM'ent of any SHERIFF'S‘DEPUTY With the 0.0 S.D., any applicable 0.C.S.D. employment union contract, and/or any 0.C.S.0. rule(s), regulation(s), hours of work, shift assignment, ordeysjorpOlicy(ies), procedUre(s). directive(s), ethical guideiine(s), etc., which shaholely-arid,excluSively, govern and control the employment relationship between the 0.C. S.A. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY_ \T,p illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted tO'iimit, modify, dontrol or otherwise affect, in any manner: a. The ,complete and unilateral discretion of the SHERIFF to either continue or revoke the deOutizationof any SHERIFF'S DEPUTY, or any other person who, in the SHERIFFS solejedgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.. Ii The 0.C.S.D 'S sole and exciusive 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 0.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 OF controls any activity of any SHERIFF'S DEPUTY, 0.C.:.S,D. 201JD LAW ENFORGFIVIEN - SERVICE:2-, AGREEIVIEN - THE Z.:HARM-Y. TOWNS1- U.; XY: Pac_te 1 E- any necessary SHERIFF'S DEPUTY'S training standards or proficiency(les), 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.D. duty or obligation under the terms of this Agreement. 28, The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner or form any right privilege, benefit, or any • other term or condition of employment. of any kind or nature :whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the successor(s) or assign(s) of any of them. - ‘. , 29. This Agreement is made and entered into the State of Michigan arid shall in all respects be interpreted, enforced and governeunder the,laws of the State c`Ye: Iv1ic139 a n . 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,arefperty. As used in this Agreement, the singular or plural number, the possessive or nonpoiSesSive:shall be deemed to include the ,. , other whenever the context so indicatesdrerequires, , „ 30. Absent an expressly written waiverathe failure of any party.,to -,pursue any right granted under this Agreement shall Rabe deemed avvaiveeofthat right with 'r'egard to any existing or subsequent breach or default underthis 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 priviiege. <. • , • — - 31. Thie,Agreernint-ehall be binding upoiatheLOUNTY, the SHERIFF, and the MUNICIPALITY to the extent ,permitted by law, upon their successors and assigns, and all persons acting,,ley, through < Under, or in concert with any of them, , , • . • 32. This Agreement, consisting of fifteen(15) pages, including SCHEDULE A. SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement between the 0.0 S.D. and the MUNICIPALITY -With regard to the 0.C.S.D.'S provision of LAW ENFORCEMENT SERVICES and/or any SHERIFF'SDEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prioragreements or understandings between them in any way related to the subject matter hereof. It islurther 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 0.C.S.D. 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,C. 2009 LAW ENFORCEMENT SERVICES AGREEMENT MTH ME CHARTER TOWNSHIP OF XX,: Page 11 IN WITNESS WHEREOF, XXXXXXX, Supervisor, for the MUNICIPALITY, hereby acknowledges that has been authorized by a resolution of the MUNICIPALITY Governing Body fa certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this day of , 2008. WITNESSES: CHARTER TOWNSHIP OF XYZ, a Michigan Municipal Corporation BY. XXXXXXXX SuperViser : XXX?(XXXX Clerk - BY: 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 COLJNTrOP:OAKLAND and -hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of , 2008. WITNESS: / COUNTY.OF OAKLAND, a Michigan Municipal Corporation BILL BULLARD, JR, Chairperson, Oakland County Board of Commissioners IN WITNESS WHEREOFOCHAEL J. BOUCHARD. in his official capacity as the Oakland County Sheriff, a Michigan'Constitutional Officer,hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of , 2008. WITNESS: OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: MICHAEL J. BOUCHARD, Oakland County Sheriff 290g LAW01:',C6..=.:M.E.r7 SI:MACES TOWNSHP Number(s) of Sheriffs Deputies Contracted Bi-Weekly Charge to Municipaty in 2009 $6.266.00 55,511.38 54.910.62 $5089.23 - $5.251.46 . $4,448.92 54,22600 $4,627.54 $363•t77 77 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy H (wffill) Deputy II (no-fill) Deputy II (no-fill/no- vehicle) Patrol Investigator (no-fill) Deputy I (no-fill) TOTAL NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e. FiLL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY It (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi- weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(05) above. NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. 04.1.S.C;. 2003 LAW EHFOPLEMENT SE-RV10ES AGRE.,.-EIVENT WIT-. THE CHARTER TOWNSHIP OF XYZ Page 1: RanK(s) of Sheriffs Deputies Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy (with!) Deputy ll (no-fill) Deputy vehicle) REGULAR HOLIDAY PAY INCLUDED REGULAR HOLIDAY PAY/NOT WORKED 1 INCLUDED OPTIONAL3 INCLUDED NOT INDLUDED, HOLIDAY OVERTIME2 NOT ELIGIBLE NOT INCLUDED OVER NOT ELIGIBLE NOT INCLUDED Patrol Investigator (no-fill) Deputy I (no-fill) :1,,NCLUDED NOT INCLUDED"- '<NOT INCLUDED ADDITIONAL CHARGES NO YES YES YES NO YES YES YES SCHEDULE B HOLIDAY PAY YES NOT: As used above "INCLUDED" Or "NOT INCLUDED' refers tc whether or not these costs have been included in the Bi-WeekI ,charges snown in SCHEDULE A. 'Billed at Regular Houriy Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays. In December communities with No-F:II Deputies (I & II's) will De charged for 2 days (16 hours) at the Regular Hourly Rate. 2Biiled at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RA1-ES. 3Depends on Holiday Scheduie. Individual Work Schedule. and Collective Bargaining Agreement. 0.C.S.L. 2002 LAW ENFORCEMENT SERVICES AUR?..-EMErT WiTH THE Z,'HARTEF TOWNSI-11.": OFXYZ Fap Overtime Hourly Rate 2009 N/A* $79.41 $71.48 $71.48 $62-:80 $62.80 $62.80 .,n $62,80 $47.44 SCHEDULE C HOURLY RATES Regular Hourly Rate 2009 N/A* $52.93 $47.65 $47.65 $41.86 $41.86 „. $41,.86 $1.63 Captain Lieutenant Patrol Sergeant Detective Sergeant Deputy II (wifill) Deputy II (no/fill) Deputy II (no-filllno- vehicle) „ - Patrol Investigator (no-fill) Deputy I (no-fill) O.C.S.D. 2D09 LAW ENFORCEMErT SERVICES AGREEMENT WITH TH!," C.',HARTER TOWNSHIP OF XYZ Page 1; Resolution #08249 November 6, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections, FISCAL NOTE (MISC. #08249) November 20, 2008 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 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. Miscellaneous Resolution #03264 authorized the establishment of Law Enforcement Services contract rates for the period January 1, 2004 through December 31, 2008, 2. This resolution establishes Law Enforcement Services contract rates for the twelve (12) month period January 1, 2009 through December 31, 2009. 3. The proposed contract rates cover direct operational costs such as salaries, fringe benefits, supplies and equipment. 4. The FY 2009 / FY 2010 Adopted Budget assumes increased costs and revenues associated with these rates. Therefore, no budget amendment is recommended at this time. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Kowa, Crawford, Potter, Woodward and Rogers absent. Resolution 408249 November 20, 2008 Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns. Clark. Coleman, Coulter. Crawford, Douglas, Gershenson, Ginaell, Gosselin, Gregory, Greirnel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Zack, Bullard. (23) 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). I HEREIR AMIE 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 November 20, 2008, with the original record thereof now remaining in my office. In Testimony Whereof,1 have hereunto set my hand and affixed the sear of the County of Oakland at Pontiac, Michigan this 20th day of November, 2008. sgai Ruth Johnson, County Clerk