ADOPTED - MARCH 9, 2010

ADOPTED - MARCH 9, 2010

Agenda Item No. 18

RESOLUTION #10-080

BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any contract documents as prepared by or approved as to form by the County Attorney consistent with this resolution.

BE IT FURTER RESOLVED that the Ingham County Clerk will distribute a copy of this Resolution to the Cities of East Lansing and Lansing.

LAW ENFORCEMENT: Yeas: Holman, Koenig, Copedge, Celentino, Bupp, Schafer

Nays: None Absent: None Approved 2/25/10

COUNTY SERVICES: Yeas: Copedge, Schor, Celentino, Grebner, McGrain, Vickers

Nays: None Absent: None Approved 3/02/10

FINANCE: Yeas: Grebner, Tennis, Bahar-Cook, Schor, Holman, Dougan

Nays: None Absent: None Approved 3/03/10

AGREEMENT

BETWEEN

COUNTY OF INGHAM AND CITY OF EAST LANSING

REGARDING APPORTIONMENT OF CERTAIN

LONG TERM EMPLOYMENT COSTS RELATING TO THE PLANNED

CONSOLIDATION OF DISPATCH SERVICES

THIS AGREEMENT, made and entered into this ______ day of ____________, 2010, by and between the COUNTY OF INGHAM, a political subdivision of the State of Michigan (hereinafter referred to as the “County”) and the CITY OF EAST LANSING, a municipal corporation, organized and existing under the laws of the State of Michigan (hereinafter referred to as the “City”).

WHEREAS, the County has determined, upon the Effective Date Of The Integration, to form a consolidated dispatch center to handle emergency and non-emergency requests for police, fire, and medical service and to determine the dispatch needed and to dispatch the appropriate personnel to the requested location (the “Consolidated Dispatch Services”); and

WHEREAS, the City is currently a vendor of dispatch services, and upon the Effective Date Of The Integration, the County has decided to end such vendor relationship; and

WHEREAS, the undertaking of such Consolidated Dispatch Services will displace, among others, the 911 emergency communication and dispatch services performed by the City as a contractor of the County, and which are funded primarily through the monthly 911 surcharge; and

WHEREAS, the County and City have agreed that all City employees actively employed and working at (or on an approved Military, Personal, Jury Duty, Union Leave, or Family Medical Leave Act leave from) the City’s Dispatch Center, on the Effective Date Of The Integration and who timely apply for employment with the County, shall be hired to County employment to provide Consolidated Dispatch Services (the “Former City Employees Employed By The County”); and

WHEREAS, the City has incurred certain funded, partially funded and/or unfunded obligations to pay retiree heath care costs, pensions under defined-benefit plans for current employees and retirees, and compensable time banked by active employees for vacation, sick leave, personal time and compensatory time (collectively, “Legacy Costs”); and

WHEREAS, the Parties are desirous of entering into an agreement defining the distribution of the Legacy Costs and other employment liabilities between the City and County in a fair and equitable manner and to avoid future disputes and/or litigation as to the distribution of Legacy Costs; and

WHEREAS, the City and the County are each municipal corporations as defined in MCL 124.1, and as such each is authorized to enter into this interlocal agreement providing for the operation and maintenance of any property, facility, or service that each has the power to own, operate, and maintain separately pursuant to MCL 124.2.

NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY MUTUALLY AGREED, as follows:

I. Definitions.

A. “Compensable Banked Time” shall be defined as paid sick leave, personal time, vacation leave or compensatory time which an employee earned while employed by the City under the policies/collective bargaining agreement with the City and which is both compensable by the City upon cessation of employment or retirement; and, is permitted to be carried over to the following year.

B. “Effective Date Of Integration” shall be defined as the date on which the County commences to operate a consolidated dispatch center. Upon acceptance of bids and receipt and acceptance of a schedule for construction of the building to house the Consolidated Dispatch Services, the County shall provide written notice to the City of the Effective Date of Integration.

C. “Former City Employees Employed By The County” shall be defined as those City employees actively employed by the City’s Dispatch Center hired, on or before the Effective Date Of Integration, to County employment to provide Consolidated Dispatch Services.

D. “Future 911 Employees” are those employees hired by the County, not covered by Section I (C) of this Agreement, to provide Consolidated Dispatch Services after the Effective Date Of Integration.

II. Allocation Of Pension Obligations And Liabilities.

A. The City shall authorize the Municipal Employees Retirement System of Michigan (“MERS”) to transfer to the County’s MERS plan from the City’s Emergency Communications Division (MERS Division 22, Dispatch) plan the trust pension assets equal to the funded value of the actuarial accrued liabilities as determined in the City’s most recent Annual Actuarial Valuation for those Former City Employees Employed By The County.[1] The County will assume the remaining unfunded accrued liabilities for those Former City Employees Employed By The County. The City shall provide such further and/or additional information or resolutions as may be required by MERS or the County. The County will establish with MERS such pension plan or plans providing Former City Employees Employed By The County with such pension benefits as negotiated with the appropriate recognized union or as designated by the County and shall provide for prior service credit. However, the County recognizes that the accrued benefits for service performed by Former City Employees Employed By The County while employed by the City shall not be diminished. Future 911 Employees shall be placed in such plan as is negotiated with the applicable union or as is established by the County.

B. The County will not assume pension assets nor assume liabilities for any employee or retiree, beneficiary, or deferred vested member of the City which are not within the Former City Employees Employed By The County class. The pension assets and liabilities of any employee, retiree, beneficiary or deferred vested member of the City or the City’s Emergency Communications Division (MERS Division 22) which are not within the Former City Employees Employed By The County class will remain with, and be the sole responsibility of, the City, and not that of the County.

III. Retiree Health Care.

A. Former City Employees Employed By The County and Future 911 Employees shall be placed in the County Retiree Health Care Plan, or such other plan as is negotiated between the County and the applicable union. On or before the Effective Date of Integration, the City will transfer to the County funds from the 911 millage which have been set aside by the City to pre-fund retiree healthcare for the Former City Employees Employed By The County. The method of repayment will be determined by the County and City prior to the execution of this Agreement. The amount to be transferred cannot occur until it is determined which employees will be included in the Former City Employees Employed By The County class.

B. The County will not assume retiree health care funds nor liabilities for any employee or retiree of the City or the City’s Dispatch Center who are not within the Former City Employees Employed By The County class. All costs/liability for the City’s Retiree Health Care Plan shall be borne exclusively by the City.

C. Notwithstanding Paragraph III(B), the Meridian Township and Michigan State University have agreed to contribute to the County $9,000 per year, and $10,000 per year, respectively for a period of ten years to offset Legacy Costs attributable to retiree healthcare benefits borne by the City under Paragraph III (B) of this Agreement. The County will remit to the City all sums received from Meridian Township and/or Michigan State University designated for such purpose.

IV. Compensable Banked Time.

A. On the Effective Date of Integration, the County will permit Former City Employees Employed By The County which have accrued sick leave, personal leave, compensatory time and vacation balances to convert such hours to County leave up to the following maximum accruals:

i. Sick leave – a maximum of one thousand nine hundred twenty (1,920) hours.

ii. Personal leave – a maximum of forty-nine (49) hours.

iii. Compensatory time – a maximum of sixty (60) hours.

iv. Vacation – a maximum of three hundred (300) hours.

B. The use, future accrual, and payment upon separation of employment of Compensable Banked Time converted to the County is subject to the terms and conditions of the County’s personnel practices or such provisions as are negotiated with the applicable union, whichever are applicable.

C. The County will not assume any liabilities for Compensable Banked Time for any employee or retiree of the City or the City’s Dispatch Center which are not within the Former City Employees Employed By The County class. Any Compensable Banked Time for employees or retirees of the City or the City’s Dispatch Center which are not within the Former City Employees Employed By The County class will remain with, and be the sole responsibility of, the City.

V. Existing And Future Employment Liabilities.

A. The County shall voluntarily recognize the following unions as the bargaining units for the appropriate group:

i. Fraternal Order of Police, Capital City Lodge 141;

ii. International Brotherhood of Teamsters, Local 580;

iii. International Brotherhood of Teamsters, Local 214;

The County will not recognize any union/unit for representation of employees if such unit is not eligible for certification by the Michigan Employment Relations Commission (MERC). Any question with respect to representation shall be determined by MERC. The City represents that to the best of the City’s knowledge there are no successorship agreements between the City and any Union which purports to require the County to assume the terms and obligations of any collective bargaining agreements. While the County does not agree to assume any collective bargaining agreements, the County does agree to maintain as to Former City Employees Employed By The County the wages in place as of the Effective Date Of Integration and other conditions if legally required under Michigan Statutes, for each group of employees during the period the County is obligated to bargain to impasse, or until the County reaches a new collective bargaining agreement with the applicable group or groups, whichever shall first occur.

B. The County will not assume any liability for any complaint or action of a City employee, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a City employee, filed, or which is premised upon asserted acts or omissions which occurred, prior to the Effective Date Of Integration.

C. The City will not assume any liability for any complaint or action of a Former City Employees Employed By The County, upon asserted acts or omissions which occurred on or after the Effective Date Of Integration, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a Former City Employees Employed By The County which is premised upon asserted acts or omissions which occurred, on or after the Effective Date Of Integration.

D. Within 180 days of the execution of this Agreement the County shall enter into good faith union negotiations with respect to the bargaining units for each group which are voluntarily recognized by the County or required to be recognized by MERC.

VI. Liability.

A. All liability to third parties, loss or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the City in the performance of this Agreement shall be the responsibility of the City, and not the responsibility of the County, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the City, any subcontractor, or anyone directly or indirectly employed by the City, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the City or its employees by statutes or court decisions.

B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the County in the performance of this Agreement shall be the responsibility of the County and not the responsibility of the City if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of the County, any subcontractor, or anyone directly or indirectly employed by the County, provided that nothing herein shall be construed as a waiver of any governmental immunity by the County or its employees as provided by statute or court decisions.

C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the County and the City in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by the County and the City in relation to each party’s responsibilities under these joint activities provided that nothing herein shall be construed as a waiver of any governmental immunity by the County, the City or their employees, respectively, as provided by statute or court decisions.

VII. Civil Rights.

The City and the County mutually agree to adhere to all applicable Federal, State and local laws and regulations prohibiting discrimination. The City and County further agree that they shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms and conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, gender identity, political affiliation or beliefs, disability which is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight or marital status. A breach of this covenant shall be regarded as a material breach of this Agreement.

VIII. Notices.

All notices given hereunder shall be in writing and delivered personally or by certified mail to the address given below, unless a new address is provided in writing.

If to County:

County Controller

Courthouse

Mason, MI 48854

and

County Attorney

601 N. Capitol Ave.

Lansing, MI 48933

If to City:

Mayor’s Office

410 Abbot Road

East Lansing, MI 48823

and

East Lansing City Attorney

601 Abbot Road

P.O. Box 2502

East Lansing, MI 48823

IX. Waivers.

No failure or delay on the part of either of the parties to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.

X. Agreement Modifications.

This Agreement contains all the agreements of the parties relating to the long term employment costs relating to the planned consolidation of dispatch services and all modifications to this Agreement must be mutually agreed upon by the City and the County, and incorporated into written amendments to this Agreement after approval by the City Council and the County Board of Commissioners, and signed by their duly authorized representatives.

XI. Disregarding Titles.

The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement.

XII. Complete Agreement.

This Agreement, including the attached Schedule, contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall

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have any validity or bind any of the parties hereto.

XIII. Severability.

If any part of this Agreement is found by a Court or Tribunal of competent jurisdiction to be invalid, unconstitutional or beyond the authority of either party to enter into or carry out, such part shall be deemed deleted and shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect. If the removal of such provision would result in the illegality and/or unenforceability of this Agreement, this Agreement shall terminate as of the date in which the provision was found invalid, unconstitutional or beyond the authority of the parties.

XIV. Certification Of Authority To Sign Agreement.

The persons signing this Agreement on behalf of the parties hereto certify by their signatures that they are duly authorized to sign on behalf of said parties and that this Agreement has been authorized by said parties.

XV. Effective Date Of Agreement And Conditions Precedent.

The Parties to this Agreement recognize that approval for the Consolidated Dispatch Services has not been finalized by the County Board Of Commissioners. As such, this agreement will be effective upon approval of this Agreement by the City Council and the County Board of Commissioners, and/or the County providing written notice, pursuant to paragraph I(B), of the Effective Date Of Integration, whichever shall occur last. In the event the County Board of Commissioners fails to authorize, or revokes authorization for the Consolidated Dispatch Services, this Agreement shall be deemed null and void.

IN WITNESS WHEREOF, the authorized representatives of the parties hereto have fully executed this instrument on the day and year first above written.

WITNESSED BY: COUNTY OF INGHAM

______________________________ ________________________________

Debbie De Leon, Chairperson

Date: _________________________ County Board of Commissioners

______________________________ ________________________________

Mike Bryanton, County Clerk

Date: _________________________

WITNESSED BY: CITY OF EAST LANSING

______________________________ ________________________________

Victor W. Loomis, Jr, Mayor

Date: _________________________

APPROVED AS TO FORM ONLY FOR INGHAM COUNTY

COHL, STOKER, TOSKEY & McGLINCHEY, P.C.

By: ________________________________

Richard D McNulty

APPROVED AS TO FORM ONLY FOR THE CITY OF EAST LANSING:

By: ________________________________

Dennis McGinty, City Attorney

AGREEMENT

BETWEEN

COUNTY OF INGHAM AND CITY OF LANSING

REGARDING APPORTIONMENT OF CERTAIN

LONG TERM EMPLOYMENT COSTS RELATING TO THE PLANNED

CONSOLIDATION OF DISPATCH SERVICES

THIS AGREEMENT, made and entered into this ______ day of ____________, 2010, by and between the COUNTY OF INGHAM, a political subdivision of the State of Michigan (hereinafter referred to as the “County”) and the CITY OF LANSING, a municipal corporation, organized and existing under the laws of the State of Michigan (hereinafter referred to as the “City”).

WHEREAS, the County has determined, upon the Effective Date Of The Integration, to form a consolidated 911 dispatch center to handle emergency and non-emergency requests for police, fire, and medical service and to determine the dispatch needed and to dispatch the appropriate personnel to the requested location (the “Consolidated Dispatch Services”); and

WHEREAS, the City is currently a vendor of dispatch services, and upon the Effective Date Of The Integration, the County has decided to end such vendor relationship; and

WHEREAS, the undertaking of such Consolidated Dispatch Services will displace, among others, the 911 emergency communication and dispatch services performed by the City’s Emergency Communications Division as a contractor of the County, and which are funded primarily through the monthly 911 surcharge; and

WHEREAS, the County and City have agreed that all City employees actively employed and working at (or on an approved Military, Personal, Jury Duty, Union Leave, or Family Medical Leave Act leave from) the City’s Emergency Communications Division, on the Effective Date Of The Integration and who timely apply for employment with the County, shall be hired to County employment to provide Consolidated Dispatch Services (the “Former City Employees Employed By The County”); and

NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY MUTUALLY AGREED, as follows:

I. Definitions.

A. “Compensable Banked Time” shall be defined as paid sick leave, personal time, vacation leave or compensatory time which an employee earned while employed by the City under the policies/collective bargaining agreement(s) with the City and which is both compensable by the City upon cessation of employment or retirement; and, is permitted to be carried over to the following year.

C. “Former City Employees Employed By The County” shall be defined as those City employees actively employed by the City’s Emergency Communications Division hired, on or before the Effective Date Of Integration, to County employment to provide Consolidated Dispatch Services.

D. “Future 911 Employees” are those employees hired by the County, not covered by Section I .C. of this Agreement, to provide Consolidated Dispatch Services after the Effective Date Of Integration.

II. Allocation Of Pension Obligations And Liabilities.

A. The City’s Retirement System shall transfer to the County designated MERS plan(s) the trust pension assets equal to the funded value of the actuarially accrued liabilities as determined in the most recent actuarial valuation for those Former City Employees Employed By The County.[2] The County will assume remaining unfunded accrued liabilities for those Former City Employees Employed By The County. The City shall provide such further and/or additional information or resolutions as may be required by MERS or the County. The County will establish with MERS such pension plan or plans providing Former City Employees Employed By The County with such pension benefits as negotiated with the appropriate recognized union or as designated by the County and shall provide for prior service credit. However, the County recognizes that the accrued benefits for service credit accrued by Former City Employees Employed By The County while employed by the City shall not be diminished. Future 911 Employees shall be placed in such plan as is negotiated with the applicable union or as is established by the County.

B. The County will not assume pension assets nor liabilities for any employee or retiree, beneficiary or deferred vest member of the City or the City’s Emergency Communications Division which are not within the Former City Employees Employed By The County class. The pension assets and liabilities of any employee, retiree, beneficiary or deferred vested member of the City or the City’s Emergency Communications Division which are not within the Former City Employees Employed By The County class will remain with, and be the sole responsibility of, the City, and not that of the County.

III. Retiree Health Care.

IV. Compensable Banked Time.

i. Sick leave – a maximum of one thousand nine hundred twenty (1,920) hours.

ii. Personal leave – a maximum of forty-nine (49) hours.

iii. Compensatory time – a maximum of sixty (60) hours.

iv. Vacation – a maximum of three hundred (300) hours.

C. The County will not assume any liabilities for Compensable Banked Time for any employee or retiree of the City or the City’s Emergency Communications Division which are not within the Former City Employees Employed By The County class. Any Compensable Banked Time for employees or retirees of the City or the City’s Emergency Communications Division which are not within the Former City Employees Employed By The County class will remain with, and be the sole responsibility of, the City.

V. Existing And Future Employment Liabilities.

A. The County shall voluntarily recognize the following unions as the bargaining units for the appropriate group:

i. Fraternal Order of Police, Capital City Lodge 141;

ii. International Brotherhood of Teamsters, Local 580;

iii. International Brotherhood of Teamsters, Local 214;

VI. Liability.

VII. Civil Rights.

VIII. Notices.

All notices given hereunder shall be in writing and delivered personally or by certified mail to the address given below, unless a new address is provided in writing.

If to County:

County Controller

Courthouse

Mason, MI 48854

and

County Attorney

601 N. Capitol Ave.

Lansing, MI 48933

If to City:

Mayor’s Office

124 W. Michigan Ave. # 9

Lansing, MI 48933-2500

and

Lansing City Attorney

124 W. Michigan Ave., 5^th Floor

Lansing, MI 48933

IX. Waivers.

X. Agreement Modifications.

This Agreement contains all the agreements of the parties relating to the long term employment costs relating to the planned consolidation of 911 services and all modifications to this Agreement must be mutually agreed upon by the City and the County, and incorporated into written amendments to this Agreement after approval by the City Council and the County Board of Commissioners, and signed by their duly authorized representatives.

XI. Disregarding Titles.

XII. Complete Agreement.

XIII. Severability.

XIV. Certification Of Authority To Sign Agreement.

XV. Effective Date Of Agreement And Conditions Precedent.

IN WITNESS WHEREOF, the authorized representatives of the parties hereto have fully executed this instrument on the day and year first above written.

WITNESSED BY: COUNTY OF INGHAM

______________________________ ________________________________

Debbie De Leon, Chairperson

Date: _________________________ County Board of Commissioners

______________________________ ________________________________

Mike Bryanton, County Clerk

Date: _________________________

WITNESSED BY: CITY OF LANSING

______________________________ ________________________________

Virgil Bernero, Mayor

Date: _________________________

APPROVED AS TO FORM ONLY FOR INGHAM COUNTY

COHL, STOKER, TOSKEY & McGLINCHEY, P.C.

By: ________________________________

Richard D McNulty

APPROVED AS TO FORM ONLY FOR THE CITY OF LANSING:

By: ________________________________

Dennis DuBay

^{^[1]} For clarification, and as an exemplar, if the City’s pension plan, as reflected in the most recent Annual Actuarial Evaluation prior to the Effective Date Of Integration, is 80% funded, on an actuarial basis, the City will transfer to the County designated MERS plan(s) assets equal to 80% of the actuarial accrued pension liability for the Former City Employees Employed By The County.

^{^[2]} For clarification, and as an exemplar, if the City’s pension plan, as reflected in the most recent actuarial evaluation prior to the Effective Date Of Integration, is 80% funded, on an actuarial basis, the City’s Retirement System will transfer to the County designated MERS plan(s) assets equal to 80% of the actuarial accrued pension liability for the Former City Employees Employed By The County.