Allegan County Sheriff’s Office Law Enforcement Services Agreement and Presentation

City Council Agenda Item Report FROM:

Ryan Cummins - City Manager

MEETING DATE:

July 23, 2025

SUBJECT:

Allegan County Sheriff’s Office Law Enforcement Services Agreement and Presentation

DESCRIPTION: In 2018, the City started contracting with the Allegan County Sheriff’s Office for law enforcement services. The law enforcement services agreement was last updated and approved by the City Council in 2022. Allegan County has submitted the attached letter and updated services agreement for consideration. The changes result in a net increase of $36,248.92 per year, largely due to recent wage increases for deputies. The Allegan County Sheriff’s Office will be at your workshop meeting to present on their services and answer any questions you may have. BUDGET ACTION: It is anticipated that a budget amendment for the increase in expenses will be needed. LEGAL REVIEW: Legal has reviewed the updated agreement. SAMPLE MOTION: Motion to approve the Allegan County Sheriff’s Office Law Enforcement Services Agreement as presented.

Allegan County Administrative Services

County Services Building 3283 122nd Avenue Allegan MI 49010

June 23, 2025

RE: Updated Schedule A & B and County Law Enforcement Services Agreement To Whom It May Concern:

Allegan County is pleased to continue to provide enhanced law enforcement services to your jurisdiction on a contractual basis. The County has recently adopted a new cost-share approach. Previously, the local was charged 75% of all costs (Schedule A and B costs) and the County contributed 25%. Many participants found the cost itemization confusing and in the past few years the allocation difficult for grant administration. An analysis of past and current costs demonstrated that some equipment costs were not being included. Overall we found that charging the local unit for all personnel cost and having the County cover all other cost would remain generally aligned with the cost-share and would be much simpler for all parties. We have removed Schedule B. Schedule A now demonstrates the local unit paying 100% of wages and fringes, with the County paying 100% of all additional expenses, i.e. training, deputy liability, equipment, vehicles, supervision, administrative services, and other miscellaneous expenses, consistent with what the County and the Sheriff provide its non-contracted road patrol deputy positions. This will also enable schools with School Resource Offices to maximize grant reimbursement.

The agreements have all been updated to reflect how vehicles are provided and payments occur. The base agreement continues to have consistent language for all municipal participants. School Resource Officer (SRO) agreements have different language and include overtime and holiday pay itemized to meet grant requirements. However, the SRO agreements are consistent for each school. Only schedule A will be customized for participants based on the number of deputies requested.

Additionally, after three and half years of maintaining a level rate limited to an annual 3% increase, it is necessary to update the monthly charge for this service, effective July 1, 2025. As services are billed in arrears, the new rate will first be seen on the invoice that is issued in early August. A new Schedule A is enclosed for your records. Future Schedules shall reflect the County’s budgeted cost for contract positions, and 2026 and 2027 shall not exceed an annual 6% increase. Please do not hesitate to contact my office at (269) 686-5235 with specific questions or concerns regarding this Schedule A. Enclosed for your consideration is the updated Law Enforcement Services Agreement. Please sign and return to administration@allegancounty.org by September 30, 2025. If you should have any contractual language questions, feel free to contact the County Administrator’s Office at (269) 673-0239. On behalf of the County, I thank you for your attention to these items. Sincerely,

Dan Wedge Deputy County Administrator of Services Steve Sedore, Deputy County Administrator of Operations Phone 269.673.0373 Fax 269-673-0473 ssedore@allegancounty.org

Dan Wedge, Deputy County Administrator of Services Phone 269.686.5235 Fax 269.673.0367 dwedge@allegancounty.org

Jennifer Ludwick, Executive Director of Financial Services Phone 269.673.0228 Fax 269.673.0367 jludwick@allegancounty.org

Vickie Herzberg, Executive Director of Human Resources Phone 269.673.0203 Fax 269.673.0367 vherzberg@allegancounty.org

ALLEGAN COUNTY LAW ENFORCEMENT CONTRACT Saugatuck Schedule A - 2025

Total Wages Total Fringes Uniform/Training Costs Schedule B Costs

Total Annual Cost per Deputy Total Monthly Cost per Deputy Number of Deputies:

Jan - Jun 2025 Annual Cost 57,047.78 28,103.90 409.77 12,408.93 97,970.38 8,164.20

Jul - Dec 2025 Annual Cost 75,970.36 31,062.25 107,032.61 8,919.38

32,656.79

35,677.54

Contract #1482-25 - City of Saugatuck Allegan County Sheriff’s Office Law Enforcement Services Agreement This Agreement (“Agreement”) is made by and between City of Saugatuck, P.O. Box 86, Saugatuck, MI 49453, (the “Entity”), the County of Allegan, 3283 – 122nd Avenue, Allegan, MI 49010 (the “County”) and the Sheriff of Allegan County, 640 River Road, Allegan, MI 49010 (the “Sheriff”) with reference to the following facts and circumstances. The Sheriff is the chief law enforcement officer of the Allegan County Sheriff’s Office (the “Sheriff’s Office”); and The Sheriff and the County, through the Sheriff’s Office, provide road patrol and general law enforcement services throughout the County, including the entity (outlined in Section 1); and The Entity wishes to purchase additional road patrol and general law enforcement services from the County and the Sheriff (outlined in Section 4); and The parties agree as follows: 1. General Agreement Subject to all the terms and provisions of this Agreement, the Entity, the County and the Sheriff agree that the County and the Sheriff shall, as independent contractors, provide additional road patrol and general law enforcement services (sometimes referred to collectively herein as “law enforcement services”) to the Entity. 2. Facilities, Supplies and Equipment The Entity shall not be obligated to provide supplies or equipment to the County or the Sheriff relative to the additional road patrol and general law enforcement services rendered to the Entity pursuant to this Agreement except any items identified hereafter in the contract. 3. Independent Contractor In the performance of all work, duties and obligations pursuant to this Agreement, it is mutually understood and agreed that the County and the Sheriff are, and shall at all times be, acting and performing as independent contractors. The Entity shall neither have, nor exercise, any control or direction over the methods by which the County and the Sheriff perform the work outlined in this Agreement. The law enforcement officers rendering services to the Entity on behalf of the County and Sheriff pursuant to this Agreement shall be employees of the County and the Sheriff and, as such, the County and the Sheriff shall: A. Pay, or cause to be paid, all compensation and fringe benefits of such law enforcement officers; B. Withhold, or cause to be withheld, all applicable federal, state and local taxes, including without limitations FICA;

Contract #1482-25 Law Enforcement Services Agreement – City of Saugatuck

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C. Make, or cause to be made, any and all required payments relating to such law enforcement officers, including any unemployment compensation fund payments; D. Maintain, or cause to be maintained, worker’s compensation fund insurance as required under Michigan law; and E. Pay, or cause to be paid, required costs of continuing or additional education or training to maintain law enforcement officer licensing or certification as required by the Michigan Commission on Law Enforcement Standards. The County and the Sheriff agree that the law enforcement officers rendering services to the Entity on behalf of the County and the Sheriff pursuant to this Agreement are not employees of the Entity, and accordingly are not eligible to participate in any fringe benefit program, receive any sickness or health insurance benefits, or receive any pension or similar benefits accorded employees of the Entity. 4. Personnel All persons who provide law enforcement services to the Entity on behalf of the County and the Sheriff pursuant to this Agreement shall be and remain at all times duly qualified and shall also be certified in good standing as required by Michigan Law. Further, all such persons shall be knowledgeable of and able to enforce all applicable State and local ordinances. The Entity is contracting for the number of law enforcement service position(s) specified in Schedule A. Unless the necessary number of positions are contracted for, the contracted service will not provide 24-hours-a-day, seven-days-a-week coverage. Each contracted position shall maintain a normal schedule consistent with the practices of the Sheriff’s Office. In general, the normal schedule for law enforcement officers on road patrol is currently a 14-day tour of duty that averages 84 hours. The normal schedule includes, but is not limited to, work time and time on paid time off or other leave, holidays, training, meetings, call-ins and court appearances. The Entity is responsible for payment for the entire normal schedule consistent with the payment section of this Agreement and the County and the Sheriff are not responsible for providing personnel to “backfill” services during times of leave or other non-work hours unless requested by, and at the sole expense of, the Entity consistent with Section 13 of this Agreement. Contracted law enforcement service position(s) shall be in addition to the road patrol and general law enforcement services already provided by the Sheriff and the County to the Entity pursuant to their discretion under applicable law. However, contracted position(s) shall also be considered a component of the County-wide road patrol and law enforcement services. The Entity shall work with the Sheriff’s designee to determine the appropriate schedule for services and to identify priorities that may exist for the delivery of law enforcement services. Nothing in this Agreement is intended to supersede or limit the Sheriff’s constitutional and statutory rights, powers and/or authority. 5. General Calls for Service The Entity agrees that, commensurate with the County-funded portion of the contracted law enforcement services, the contracted position(s) shall respond to calls for service in the County outside the Entity’s geographic area. At any time, if the Sheriff’s Office determines that there are no other available law enforcement personnel who can promptly respond to an emergent call, the

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Sheriff’s Office may direct a law enforcement officer providing law enforcement services pursuant to this Agreement to respond to such calls for service. 6. Indemnification The Entity agrees to defend, indemnify and hold the County, the Allegan County Sheriff, and their employees, agents and assigns harmless from and against all claims, damages, fines, judgments, penalties, costs, liabilities or losses, including, without limitation, reasonable actual attorney fees, arising out of the acts or omissions (including negligence) of thee Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the County, the Sheriff, or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the County, the Sheriff, or its employees. The County agrees to defend, indemnify and hold the Entity and their employees, agents and assigns harmless from and against all claims, damages, fines, judgments, penalties, costs, liabilities or losses, including, without limitation, reasonable actual attorney fees, arising out of the acts or omissions (including negligence) of the Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the Entity or its employees. 7. Insurance During the term of this Agreement, the parties shall maintain the insurances as outlined below and provide proof of certificate prior to performance of any services under this Agreement. A. Commercial General Liability Insurance: The County and the Entity shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. B. Motor Vehicle Liability: The County shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan NoFault Coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit, Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. The County of Allegan will provide Motor Vehicle Liability Insurance for all County owned vehicles. C. Law Enforcement Liability: The County shall procure and maintain during the life of this contract Law Enforcement Liability Insurance with limits of liability of not less than $1,000,000 per occurrence. Contract #1482-25 Law Enforcement Services Agreement – City of Saugatuck

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The Entity may also procure and maintain during the life of this contract Law Enforcement Liability Insurance as the County will not represent the Entity in any dispute. The Entity should seek guidance from its risk provider. 8. Payment The Entity shall pay 100% of the wages and fringe benefits for each position contracted to render services under this Agreement according to the costs in Schedule A, attached. An updated Schedule A shall be provided to the Entity by October 31 of each year with costs applicable to the next renewal term when said updated Schedule A shall become effective and incorporated into this Agreement. Updated Schedules shall reflect the County’s budgeted cost for contracted positions and for 2026 and 2027 shall not exceed an annual 6% increase. The County shall pay 100% of the cost of training, deputy liability, equipment, vehicles, supervision, administrative services, and other miscellaneous expenses, consistent with what the County and the Sheriff provide its non-contracted road patrol deputy positions. 9. Term The initial term of this Agreement shall be from July 1, 2025 through December 31, 2025 and, unless terminated in accordance with Section 10 or 11, shall automatically renew on January 1 of each year for successive one-year terms. 10. Termination by Notice or Mutual Agreement The County, the Sheriff or the Entity, without cause may terminate this Agreement, at any time, upon ninety (90) days prior written notice to the other parties. In addition, this Agreement may be terminated at any time by the parties hereto on mutual agreement. 11. Termination for Cause This Agreement may be terminated by the County, the Sheriff, or the Entity, upon thirty (30) days prior written notice to the other parties, in the event one or both of the non-terminating parties fail or refuse to perform any of their duties and responsibilities under this Agreement. However, in the event a failure to perform can be remedied within thirty (30) days after such notice is given, such notice shall be null and void if the failure is in fact remedied within such thirty (30) day period. 12. Effect of Termination Upon termination or expiration of this Agreement, as provided above, the parties hereto shall have no further obligation hereunder except for obligations occurring prior to the effective date of the termination or expiration. Notwithstanding the foregoing, the County, the Sheriff and the Entity shall be obligated to cooperate with each other whenever any claim is filed against any of them with respect to the services rendered pursuant to this Agreement. All equipment belonging to the County shall revert to the County’s possession. 13. Miscellaneous A. This Agreement and all rights and obligations hereunder shall be non-assignable unless all parties agree in writing to such assignment. This Agreement shall inure to the benefits of and be binding upon the parties hereto and their respective permitted assignees and successors.

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B. All notices and other documents to be served or transmitted hereunder shall be in writing and addressed to the respective parties hereto at the addresses stated on Page 1 of this Agreement or such other address or addresses as shall be specified by the parties hereto from time to time; further, such notices and documents may be served or transmitted in person or by ordinary or certified mail documents properly addressed with sufficient postage. C. This Agreement has been executed in the State of Michigan and shall be governed by Michigan Law. The parties agree that the proper forum and venue for litigation arising out of the Agreement is in Allegan County, Michigan. D. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not be waiver of any subsequent breach or violation of the same or any other provision of this Agreement. E. If any section or provision of this Agreement is unenforceable for any reason, the unenforceability thereof shall not impair the remainder of this Agreement, executed in multiple counterparts, all of which together shall be deemed to be one contract. F. This Agreement shall not be changed, modified or discharged orally, but only in a written document, signed by the parties, against whom enforcement of the change, modification or discharge is sought. Any exhibits now or hereafter attached hereto are incorporated by reference as though fully stated herein. 14. Additional Contracted Hours The Entity reserves the right to utilize additional contracted hours, as needed and as agreed to by the Entity and the Sheriff. It is agreed that overtime and any other related expenses generated to serve the Entity for special events that occur outside of the normal course of law enforcement activity shall be fully paid for by the Entity. Such additional expenses relating to overtime will be included on the invoice issued by the County during the billing cycle immediately following the accrual of the overtime. 15. Definition Whenever in this Agreement there is a reference to the employees of the County and / or the Sheriff, such reference shall be deemed to also include all agents and independent contractors thereof. 16. Vehicle The County hereby agrees to provide a pursuit rated patrol vehicle(s), the suitability of which shall be subject to the approval of the Allegan County Sheriff, for use by the contracted law enforcement officer(s). The County shall provide the standard Sheriff graphics for the vehicle, including local unit identification on the side rear windows. The number of vehicles provided shall be commensurate with the number of contracted positions and their normal work schedules consistent with the practices of the Sheriff’s Office. Contracted law enforcement officers may only drive County provided vehicles while providing services under this Agreement.

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17. Entire Agreement This Agreement represents the entire understandings and agreements between the parties hereto, and terminates and supersedes any prior agreements the Parties may have had concerning contracted law enforcement personnel and associated vehicles. The Parties hereby cause this Agreement to be executed by their duly authorized representatives. Entity:

Sheriff:

Sign:

Sign:

Name:

Name:

Frank Baker

Title:

Title

Allegan County Sheriff

Date:

Date:

County: Sign: Name:

Robert J. Sarro

Title:

Allegan County Administrator

Date:

Contract #1482-25 Law Enforcement Services Agreement – City of Saugatuck

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Contract #1482-25 - <Insert Entity Name> Allegan County Sheriff’s Office Law Enforcement Services Agreement This Agreement (“Agreement”) is made by and between <Insert Entity Name>, <Insert Entity Address>, (the “Entity”), the County of Allegan, 3283 – 122nd Avenue, Allegan, MI 49010 (the “County”) and the Sheriff of Allegan County, 640 River Road, Allegan, MI 49010 (the “Sheriff”) with reference to the following facts and circumstances. The Sheriff is the chief law enforcement officer of the Allegan County Sheriff’s Office (the “Sheriff’s Office”); and The Sheriff and the County, through the Sheriff’s Office, provide road patrol and general law enforcement services throughout the County, including the entity (outlined in Section 1); and The Entity wishes to purchase additional road patrol and general law enforcement services from the County and the Sheriff (outlined in Section 4); and The Entity wishes to use a County vehicle for the purpose of providing additional law enforcement services (outlined in Section 16). The parties agree as follows:

Commented [VK1]: All contracted positions will use a vehicle provided by the County.

1. General Agreement Subject to all the terms and provisions of this Agreement, the Entity, the County and the Sheriff agree that the County and the Sheriff shall, as independent contractors, provide additional road patrol and general law enforcement services (sometimes referred to collectively herein as “law enforcement services”) to the Entity. 2. Facilities, Supplies and Equipment The Entity shall not be obligated to provide supplies or equipment to the County or the Sheriff relative to the additional road patrol and general law enforcement services rendered to the Entity pursuant to this Agreement except any items identified hereafter in the contract. 3. Independent Contractor In the performance of all work, duties and obligations pursuant to this Agreement, it is mutually understood and agreed that the County and the Sheriff are, and shall at all times be, acting and performing as independent contractors. The Entity shall neither have, nor exercise, any control or direction over the methods by which the County and the Sheriff perform the work outlined in this Agreement. The law enforcement officers rendering services to the Entity on behalf of the County and Sheriff pursuant to this Agreement shall be employees of the County and the Sheriff and, as such, the County and the Sheriff shall: A. Pay, or cause to be paid, all compensation and fringe benefits of such law enforcement officers;

B. Withhold, or cause to be withheld, all applicable federal, state and local taxes, including without limitations FICA; C. Make, or cause to be made, any and all required payments relating to such law enforcement officers, including any unemployment compensation fund payments; D. Maintain, or cause to be maintained, worker’s compensation fund insurance as required under Michigan law; and E. Pay, or cause to be paid, required costs of continuing or additional education or training to maintain law enforcement officer licensing or certification as required by the Michigan Commission on Law Enforcement Standards. The County and the Sheriff agree that the law enforcement officers rendering services to the Entity on behalf of the County and the Sheriff pursuant to this Agreement are not employees of the Entity, and accordingly are not eligible to participate in any fringe benefit program, receive any sickness or health insurance benefits, or receive any pension or similar benefits accorded employees of the Entity. 4. Personnel All persons who provide law enforcement services to the Entity on behalf of the County and the Sheriff pursuant to this Agreement shall be and remain at all times duly qualified and shall also be certified in good standing as required by Michigan Law. Further, all such persons shall be knowledgeable of and able to enforce all applicable State and local ordinances. The Entity is contracting for the number of law enforcement service position(s) specified in Schedule A. Unless the necessary number of positions are contracted for, the contracted service will not provide 24-hours-a-day, seven-days-a-week coverage. Each contracted position shall maintain a normal schedule consistent with the practices of the Sheriff’s Office. In general, the normal schedule for law enforcement officers on road patrol is currently a 14day tour of duty that averages 84 hours. The normal schedule includes, but is not limited to, work time and time on paid time off or other leave, holidays, training, meetings, call-ins and court appearances. The Entity is responsible for payment for the entire normal schedule consistent with the payment section of this Agreement and the County and the Sheriff are not responsible for providing personnel to “backfill” services during times of leave or other nonwork hours unless requested by, and at the sole expense of, the Entity consistent with Section 13 of this Agreement. Contracted law enforcement service position(s), to the extent they are paid for by the Entity and do not include any portion funded by the County, shall be in addition to the road patrol and general law enforcement services already provided by the Sheriff and the County to the Entity pursuant to their discretion under applicable law. The County-funded portion of theHowever, contracted position(s) shall also be considered a component of the County-wide road patrol and law enforcement services. The Entity shall work with the Sheriff’s designee to determine the appropriate schedule for services and to identify priorities that may exist for the delivery of law enforcement services. Nothing in this Agreement is intended to supersede or limit the Sheriff’s constitutional and statutory rights, powers and/or authority.

Commented [VK2]: No change to intent or effect. Language modified to reflect new cost sharing arrangement whereby the County is no longer paying for a portion of the contracted position’s swages & benefits and is instead paying for all vehicle and other costs related to supporting each contracted position.

5. General Calls for Service The Entity agrees that, commensurate with the County-funded portion of the contracted positions(s)law enforcement services, the contracted position(s) shall respond to calls for service in the County outside the Entity’s geographic area. At any time, if the Sheriff’s Office determines that there are no other available law enforcement personnel who can promptly respond to an emergent call, the Sheriff’s Office may direct a law enforcement officer providing law enforcement services pursuant to this Agreement to respond to such calls for service.

Commented [VK3]: Same as above.

6. Indemnification The Entity agrees to defend, indemnify and hold the County, the Allegan County Sheriff, and their employees, agents and assigns harmless from and against all claims, damages, fines, judgments, penalties, costs, liabilities or losses, including, without limitation, reasonable actual attorney fees, arising out of the acts or omissions (including negligence) of thee Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the County, the Sheriff, or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the County, the Sheriff, or its employees. The County agrees to defend, indemnify and hold the Entity and their employees, agents and assigns harmless from and against all claims, damages, fines, judgments, penalties, costs, liabilities or losses, including, without limitation, reasonable actual attorney fees, arising out of the acts or omissions (including negligence) of the Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the Entity or its employees, agents, or officers, or arising from or out of the breach by such party of its obligations under this Agreement. Such responsibility shall not be construed as a liability for damage caused by or resulting from the sole negligence of the Entity or its employees. 7. Insurance During the term of this Agreement, the parties shall maintain the insurances as outlined below and provide proof of certificate prior to performance of any services under this Agreement. A. Commercial General Liability Insurance: The County and the Entity shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. B. Motor Vehicle Liability: The County shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan NoFault Coverages,

with limits of liability of not less than $1,000,000 per occurrence combined single limit, Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all nonowned vehicles, and all hired vehicles. The County of Allegan will provide Motor Vehicle Liability Insurance for all County owned vehicles. C. Law Enforcement Liability: The County shall procure and maintain during the life of this contract Law Enforcement Liability Insurance with limits of liability of not less than $1,000,000 per occurrence. The Entity may also procure and maintain during the life of this contract Law Enforcement Liability Insurance as the County will not represent the Entity in any dispute. The Entity should seek guidance from its risk provider. 8. Payment Payment for services rendered under this Agreement shall be governed by Schedule A & B.The Entity shall pay 100% of the wages and fringe benefits for each position contracted to render services under this Agreement according to the costs in Schedule A, attached. An updated Schedule A shall be provided to the Entity by October 31 of each year with costs applicable to the next renewal term when said updated Schedule A shall become effective and incorporated into this Agreement. Updated Schedules shall reflect the County’s budgeted cost for contracted positions and for 2026 and 2027 shall not exceed an annual 6% increase. -

which shall be updated and provided to the Entity by October 31 of each year.

which may be amended following the initial term.

any change in Schedule A & B after 12/31/2024 shall be provided.

which includes an annual 3% escalator that is subject to adjustment with advance notice after 12/31/2024.

The County shall pay 100% of the cost of training, deputy liability, equipment, vehicles, supervision, administrative services, and other miscellaneous expenses, consistent with what the County and the Sheriff provide its non-contracted road patrol deputy positions. 9. Term The initial term of this Agreement shall be July 1, 2025 through December 31, 2025 and, unless terminated in accordance with Section 10 or 11, shall automatically renew each year for successive one-year terms.

Commented [VK4]: Language modified to reflect new cost sharing arrangement whereby the County is no longer paying for a portion of the contracted position’s swages & benefits and is instead paying for all vehicle and other costs related to supporting each contracted position. Commented [VK5]: New initial term.

10. Termination by Notice or Mutual Agreement The County, the Sheriff or the Entity, without cause may terminate this Agreement, at any time, upon ninety (90) days prior written notice to the other parties. In addition, this Agreement may be terminated at any time by the parties hereto on mutual agreement. 11. Termination for Cause This Agreement may be terminated by the County, the Sheriff, or the Entity, upon thirty (30) days prior written notice to the other parties, in the event one or both of the non-terminating parties fail or refuse to perform any of their duties and responsibilities under this Agreement. However, in the event a failure to perform can be remedied within thirty (30) days after such

notice is given, such notice shall be null and void if the failure is in fact remedied within such thirty (30) day period. 12. Effect of Termination Upon termination or expiration of this Agreement, as provided above, the parties hereto shall have no further obligation hereunder except for obligations occurring prior to the effective date of the termination or expiration. Notwithstanding the foregoing, the County, the Sheriff and the Entity shall be obligated to cooperate with each other whenever any claim is filed against any of them with respect to the services rendered pursuant to this Agreement. All equipment belonging to the County shall revert to the County’s possession. 13. Miscellaneous A. This Agreement and all rights and obligations hereunder shall be non-assignable unless all parties agree in writing to such assignment. This Agreement shall inure to the benefits of and be binding upon the parties hereto and their respective permitted assignees and successors. B. All notices and other documents to be served or transmitted hereunder shall be in writing and addressed to the respective parties hereto at the addresses stated on Page 1 of this Agreement or such other address or addresses as shall be specified by the parties hereto from time to time; further, such notices and documents may be served or transmitted in person or by ordinary or certified mail documents properly addressed with sufficient postage. C. This Agreement has been executed in the State of Michigan and shall be governed by Michigan Law. The parties agree that the proper forum and venue for litigation arising out of the Agreement is in Allegan County, Michigan. D. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not be waiver of any subsequent breach or violation of the same or any other provision of this Agreement. E. If any section or provision of this Agreement is unenforceable for any reason, the unenforceability thereof shall not impair the remainder of this Agreement, executed in multiple counterparts, all of which together shall be deemed to be one contract. F. This Agreement shall not be changed, modified or discharged orally, but only in a written document, signed by the parties, against whom enforcement of the change, modification or discharge is sought. Any exhibits now or hereafter attached hereto are incorporated by reference as though fully stated herein. 14. Additional Contracted Hours The Entity reserves the right to utilize additional contracted hours, as needed and as agreed to by the Entity and the Sheriff. It is agreed that overtime and any other related expenses generated to serve the Entity for special events that occur outside of the normal course of law enforcement activity shall be fully paid for by the Entity. Such additional expenses relating to overtime will be included on the invoice issued by the County during the billing cycle immediately following the accrual of the overtime.

15. Definition Whenever in this Agreement there is a reference to the employees of the County and / or the Sheriff, such reference shall be deemed to also include all agents and independent contractors thereof. 16. Vehicle The County hereby agrees to provide a pursuit rated patrol sedan, the suitability of which shall be subject to the approval of the Allegan County Sheriff, for use by the contracted law enforcement officer. The Entity shall provide the logos and labels for the vehicle. The Entity is contracting for the number of law enforcement service vehicle(s) specified in Schedule B. Unless the necessary number of vehicles are contracted for, the contracted service will not provide 24-hours-a-day, seven-days-a-week coverage. Each contracted vehicle shall maintain a normal schedule consistent with the practices of the Sheriff’s Office. Contracted law enforcement service vehicle(s), to the extent they are paid for by the Entity and do not include any portion funded by the County, shall be in addition to the road patrol and general law enforcement services already provided by the Sheriff and the County to the Entity pursuant to their discretion under applicable law. The County-funded portion of the contracted vehicle(s) shall be considered a component of the County-wide road patrol and law enforcement services. The County hereby agrees to provide a pursuit rated patrol vehicle(s), the suitability of which shall be subject to the approval of the Allegan County Sheriff, for use by the contracted law enforcement officer(s). The County shall provide the standard Sheriff graphics for the vehicle, including local unit identification on the side rear windows. The number of vehicles provided shall be commensurate with the number of contracted positions and their normal work schedules consistent with the practices of the Sheriff’s Office. Contracted law enforcement officers may only drive County provided vehicles while providing services under this Agreement. 17. Entire Agreement This Agreement represents the entire understandings and agreements between the parties hereto, and terminates and supersedes any prior agreements the Parties may have had concerning contracted law enforcement personnel and associated vehicles. The Parties hereby cause this Agreement to be executed by their duly authorized representatives. Entity:

Sheriff:

Sign:

Sign:

Name:

Name:

Frank Baker

Title:

Title

Allegan County Sheriff

Date:

Date:

Commented [VK6]: Original language in this Section deleted in its entirety and replaced with updated language reflecting new arrangement whereby County will provide all vehicles for contracted positions. Commented [VK7]: Language added to rescind all previous agreements concerning contracted local law enforcement services that may be in effect.

County: Sign: Name:

Robert J. Sarro

Title:

Allegan County Administrator

Date: