HomeMy WebLinkAboutResolutions - 2010.05.20 - 10207May 5, 2010
MISCELLANEOUS RESOLUTION4111106
BY: Public Services Committee. Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE-PAINT CREEK TRAILWAYS CONTRACT FOR LAW
ENFORCEMENT SERVICES FOR THE 2010 SEASON
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 contractual agreements for the purpose of Law Enforcement Patrol Services; and
WHEREAS the Paint Creek Trailways Commission has requested a contract between the County
and Paint Creek Trailways for Law Enforcement Patrol Services for the 2010 season; and
WHEREAS the Sheriffs Office, in conjunction with the Paint Creek Trailways, is proposing to
contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and
WHEREAS the rates for the 2010 season are included in the contract and the Department of
Management and Budget is in agreement: and
WHEREAS Corporation Counsel has approved this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached
agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates
included in the attached contract.
BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R.
'-06 129 are contingent upon renewal of this agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
FISCAL NOTE (MISC. #10106) May 20, 2010
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 2010 SEASON
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. Paint Creek Trailways requested the Oakland County Sheriff's Office provide Law
Enforcement Mounted Patrol Services for the 2010 season.
2. The Oakland County Sheriff's Office and Paint Creek Trailways proposed a contract for
continued services of two (2) GE/OP PTNE Mounted Deputies (position numbers 09748 and
09749) at 1,150 hours each per year and for one (1) GF/GP PTNE Mounted Deputy (position
number 09750) at 1,200 hours per year.
3. The hours authorized in this agreement includes and continues the additional 500 hours
added per M.R. #06129
4. The rates charged in the agreement are consistent with established rates in the FY 2010
Salary Schedule.
5. The contract is for FY 2010 and is renewed on a yearly basis.
6. The proposed agreement will result in $58,879 in revenue and expenditures for Fiscal Year
2010.
7. A budget amendment for Fiscal Year 2010 is as follows:
GENERAL FUND (#10100) FY 2010
Revenue
4030601-110000-632093 Sheriff Special Deputies $58,879
Total General Fund Revenue $58,879
Expenditures
4030616-116181-702010 Salaries $56,560
4030616-116181-722740 Fringe Benefits $ 2,319
Total General Fund Expenditures $58,879
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
A.
B.
C.
D.
E.
PAINT CREEK TRAILWAYS CONTRACT
FOR SHERIFF LAW ENFORCEMENT SERVICES 2010
This CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereinafter the
"CONTRACT") is made and entered into between the PAINT CREEK TRAILWAYS, a public
corporation, whose address is 4393 Collins Road, Rochester, Michigan, 48306, (hereafter the
'COMMISSION') and THE COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (hereinafter the
"COUNTY"). The COUNTY is also represented in this CONTRACT by the OAKLAND COUNTY
SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose
address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafterthe "SHERIFF"). In this
CONTRACT, when the COUNTY and SHERIFF are referred to jointly and collectively they will be
referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE, or, as abbreviated, the "O.C. S.0.".
INTRODUCTORY STATEMENTS
The COMMISSION is a public corporation, created pursuant to MCL
124.501, for the purpose of owning, exercising right of dominion over,
developing, providing, maintaining and operating certain non-motorized
public tails for recreational use within the jurisdiction of member units.
The COMMISSION has the authority to contract with other governmental
units, including the COUNTY, as appropriate to carry out COMMISSION
functions or fulfill COMMISSION obligations including, but not limited to,
public safety.
The 0.C.S.O. is authorized to provide services within Oakland County but,
absent an agreement such as this, has only limited responsibility for any
police services on the PAINT CREEK TRAILWAYS.
Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et
seq, the COMMISSION and the 0.C.S.O. may enter into an agreement
where the 0.C.S.O. would provide additional 'POLICE PROTECTION" (as
defined in Attachment A) services on the PAINT CREEK TRAILWAYS.
The COMMISSION has requested to enter into such an agreement with the
OAKLAND COUNTY SHERIFF'S OFFICE whereby 0.C.S.O. 'DEPUTIES"
(as defined in Attachment A) would provide POLICE PROTECTION at the
PAINT CREEK TRAILWAYS_
The 0.C.S.O. is agreeable to providing DEPUTIES for supplemental POLICE
PROTECTION pursuant to the terms and conditions of this CONTRACT,
provided that such POLICE PROTECTION services do not: (a) impair or
interfere with the 0.C.S.O.'s ability to meet its other law enforcement
responsibilities (b) result in any 0.C.S.O. loss of operational efficiency or
readiness; and/or (c) result in the assumption of any additional liability or any
increased financial burden by County taxpayers.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 1 of 14
THEREFORE, in consideration of these premises and the promises, agreements,
representations, and acknowledgements contained in this CONTRACT, and all the
Attachments hereto, it is mutually agreed as follows:
1. The SHERIFF, subject to the terms of the CONTRACT, shall assign 0.C.S.O.
DEPUTIES in such NUMBER(S) and RANK(S) as shown in Attachment B to provide
all of the POLICE PROTECTION services contemplated under this CONTRACT at
the PAINT CREEK TRAILWAYS.
2. Except as otherwise expressly provided for in the CONTRACT, any DEPUTY
contracted for and assigned to provide POLICE PROTECTION services at the
PAINT CREEK TRAILWAYS shall work, during those hours for which the
COMMISSION is being charged, only on PAINT CREEK TRAILWAYS related
POLICE PROTECTION matters. The COMMISSION agrees, however, that
whenever any DEPUTY contracted for and assigned to provide POLICE
PROTECTION under this CONTRACT is not present at the PAINT CREEK
TRAILWAYS due to any of the reasons described in the following subparagraphs,
such periods of time shall be included in and counted towards hours of POLICE
PROTECTION provided:
a. Appearance in any Court, or at any meeting with any other law enforcement
agency, in connection with any prosecution or Court appearance related to
COMMISSION law enforcement activities.
b. Performance of any law enforcement services for the COMMISSION which takes
the DEPUTY away from the PAINT CREEK TRAILWAYS.
c. Any time expended transporting any person arrested by any DEPUTY during the
course of providing POLICE PROTECTION at PAINT CREEK TRAILWAYS to
the Oakland County Jail in Pontiac, Michigan including any reasonable length of
time spent at the Oakland County jail by any DEPUTY while booking such
person(s).
d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any
applicable union or employment contract.
e. The performance of any POLICE PROTECTION related duty or obligation which
takes any DEPUTY away from the PAINT CREEK TRAILWAYS but which began
or arose while any DEPUTY was providing POLICE PROTECTION at PAINT
CREEK TRAILWAYS (e.g.. hot pursuit, transporting a person for medical
attention).
3. Subject to the SHERIFF'S absolute right to consolidate the assigned shifts of his
DEPUTIES in order to concentrate law enforcement efforts to meet particular
POLICE PROTECTION priorities and needs, the SHERIFF shall assign DEPUTIES
at PAINT CREEK TRAILWAYS under this CONTRACT so as to provide the
broadest possible coverage of POLICE PROTECTION services.
4. The COMMISSION agrees to pay the 0.C.S.O. for each hour of each DEPUTY'S
POLICE PROTECTION services rendered pursuant to this CONTRACT at the rates
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 2 of 14
shown in Attachment B. In addition, the COMMISSION agrees to reimburse the
0.C.S.O. for any and all overtime premiums incurred and paid by the 0.C.S.O. in
providing POLICE PROTECTION services to the COMMISSION at the PAINT
CREEK TRAILWAYS under the terms of this CONTRACT.
5. For every bi-weekly period of time (corresponding to established 0.C.S.O. payroll
periods) during which any DEPUTY rendered any POLICE PROTECTION services
to the COMMISSION at the PAINT CREEK TRAILWAYS pursuant to this
CONTRACT, the 0.C.S.O. shall prepare and send to the COMMISSION an invoice
which sets forth the amount due for each DEPUTY'S services rendered during that
bi-weekly period, plus any charges for additional hours of work, any overtime
premiums incurred, and/or holiday pay during that bi-weekly billing period. The
COMMISSION agrees to pay the COUNTY the full amount due on any such invoice
within 30 days of the invoice date.
6. The COMMISSION has to its satisfaction examined the 0.C.S.O's wage and cost
structures and acknowledges and agrees that the reimbursement that the
COMMISSION is to pay to the COUNTY under the terms of this CONTRACT is not
intended to result in any net financial gain or profit for the COUNTY, but is
established to guarantee that the 0.C.S.O. is fully reimbursed for any and all salary
costs, including overtime, and other related and necessary fringe benefit costs and
expenses that the COUNTY is required to pay to, and on behalf of, any DEPUTIES,
as well as the costs of equipment and supplies necessary to provide POLICE
PROTECTION at the PAINT CREEK TRAILWAYS under the terms of this
CONTRACT.
7. The 0.C.S.O. agrees that upon request any 0.C.S.O. payroll policies, payroll or
attendance records, procedures, employment contracts, etc., applicable to the
determination of the applicable costs and amounts that the COMMISSION is to
reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made
available by appointment with the 0.C.S.O. for inspection by the COMMISSION.
8. The 0.C.S.O. and the COMMISSION agree and acknowledge that the POLICE
PROTECTION activities provided for under the terms of this CONTRACT are strictly
limited to those governmental law enforcement functions authorized by law and the
POLICE PROTECTION provided for under this CONTRACT are exclusively
governmental activities and functions of the type and nature that would be normally
supported by tax dollars, and that this CONTRACT simply acknowledges the
unusual circumstances and increased law enforcement needs and demands created
by the popularity of the PAINT CREEK TRAILWAYS and the correspondingly
increased financial burden on governmental law enforcement agencies as a result.
9. The COMMISSION acknowledges that, except as provided for under the terms of
this CONTRACT, the SHERIFF has only limited responsibility for law enforcement
services at the PAINT CREEK TRAILWAYS and is not otherwise required, except
as provided herein, to assign any specific NUMBER(S) or RANK(S) OF 0.C.S.O.
DEPUTIES to provide law enforcement services at the PAINT CREEK TRAILWAYS.
10. The COMMISSION acknowledges and agrees that there may be circumstances
beyond the SHERIFF'S control when the SHERIFF, in his sole discretion and
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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judgment as to the prioritization of law enforcement resources, his overall evaluation
of Oakland County's immediate law enforcement needs, and his determination as to
the allocation of O. C.S.O. law enforcement personnel at that time to best serve the
citizens of Oakland County, the SHERIFF, and/or the 0.C.S.O. may be unable to
assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION
at the PAINT CREEK TRAILWAYS during the term of this CONTRACT. The
COMMISSION acknowledges and agrees that this CONTRACT does not, and is not
intended to, create either any absolute right in favor of the COMMISSION, or any
corresponding absolute duty or obligation upon the SHERIFF or the 0.C.S.O. to
guarantee that any specified NUMBERS(S) OR RANK(S) OF deputies will be
present to provide POLICE PROTECTION SERVICES at PAINT CREEK
TRAILWAYS at any time. The COMMISSION acknowledges and agrees that the
0.C.S.O's good faith and reasonable efforts to cooperate with the COMMISSION in
providing POLICE PROTECTION and to develop the necessary schedules, budgets
and plans to enable it to provide the NUMBER(S) and RANK(S) of DEPUTIES
contemplated in Attachment B and the promised professionalism of the 0.C.S.O. in
these regards, as demonstrated throughout previous similar agreements, are
appropriate and adequate consideration to justify the COMMISSION's decision to
enter into this CONTRACT.
11. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all
DEPUTIES contemplated in Attachment B at the PAINT CREEK TRAILWAYS on
any given day, he shall verbally communicate that fact to the COMMISSION as soon
as such fact becomes reasonably known to him.
12. The SHERIFF and the COUNTY reserve to themselves any rights and obligation
relating to the provision of any and all police and/or governmental law enforcement
services, and this CONTRACT does not, and is not intended to, diminish, 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 DEPUTY.
13. The COMMISSION and the 0.C.SD, agree that neither the 0.C.S.O. nor any
DEPUTY, by virtue of this CONTRACT or otherwise, shall be considered or asserted
to be an employee, contractor, subcontractor, partner, joint venturer, representative,
or agent of the COMMISSION, and further agree that, at all times and for all
purposes under the terms of this CONTRACT, the 0.C.S.O.'s and all DEPUTIES'
relationship to the COMMISSION shall be controlled and governed by the terms of
this CONTRACT and Attachment C, 0.C.S.O. INDEPENDENT STATUS.
14. The COMMISSION agrees that this CONTRACT does not, and is not intended to,
create by implication or otherwise, any specific, direct, or indirect obligation, duty,
promise, benefit, and/or special right to 0.C.S.0 POLICE PROTECTION services or
governmental law enforcement protection in favor or to the benefit of any person
beyond the 0.C.S.O's and/or any DEPUTY'S governmental law enforcement officer
duty, as established under existing law to the general public. The COMMISSION
agrees that all times, and for any and all purposes under this CONTRACT, the
0.C.S.O. and for any DEPUTY present at the PAINT CREEK TRAILWAYS shall be
present strictly and solely to perform POLICE PROTECTION services and
governmental law enforcement functions as authorized by law to and for the benefit
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 4 of 14
of the general public, and under no circumstances shall the 0.C.S.O. and/or any
DEPUTY be obligated in any manner to undertake any activity or duty on behalf of
the COMMISSION to provide any particular, direct, or specific service or benefit to or
for the COMMISSION, any COMMISSION AGENT(S), or any patron or other person
present at the PAINT CREEK TRAILWAYS.
15. The COMMISSION agrees that the CONTRACT does not, and is not intended to,
transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY
AGENT(S) any civil or legal responsibility, obligation, duty of care, or liability
associated with the ownership, maintenance, or operation of the PAINT CREEK
TRAILWAYS. The COMMISSION agrees that it shall, at all times and under all
circumstances, remain solely and exclusively responsible for any and all costs,
obligations, and/or civil liabilities associated with owning and operating the PAINT
CREEK TRAILWAYS and/or permitting any person to use the PAINT CREEK
TRAILWAYS, including, but not limited to, the provision of any Emergency Medical
Treatment, rendering any first aid or medical treatment facilities, providing or
implementing any fire or emergency evacuation plans or procedures, providing for all
basic crowd control, security services or obligations, safety functions, and/or any
other activity associated with the normal operation of the PAINT CREEK
TRAILWAYS which is not expressly within the definition of POLICE PROTECTION
under the terms of this CONTRACT and which is not under the sole and exclusive
control and direction of the 0.C.S.O. The COMMISSION further agrees that it shall
not reduce, eliminate, or otherwise fail to provide, in any way, the same number(s)
and type(s) of security, emergency, or other personnel and/or the scope of security
and emergency service(s) or protection(s) that the COMMISSION normally provides
to any COMMISSION AGENT(S) or any person attending.
16. The COMMISSION agrees that no COMMISSION AGENT(S) (as defined in
Attachment A), either as a result of or arising out of any act(s) by any person in the
performance of any duty under this CONTRACT, shall be considered or asserted to
be an employee of the 0.C.S.O. The COMMISSION agrees that it shall be solely
and completely liable for any and all COMMISSION AGENT(S)' 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, workers disability compensation benefits, unemployment
compensation, social Security Act protection(s) and benefits, any employment taxes,
and/or any other statutory or contractual right or benefit based on or in any way
related to any COMMISSION AGENT(S)' statutory, contractual, or constitutional
rights by the COMMISSION, the COUNTY or any COUNTY AGENT(S)). The
COMMISSION agrees to indemnify and hold harmless the COUNTY and/or any
COUNTY AGENT(S) from and against any and all CLAIM(S) which are imposed
upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S)
by any COMMISSION AGENT(S) which are based upon, result from, or arise from,
or are in any way related to any COMMISSION AGENT(S)' wages, compensation,
benefits, or other employment-related rights, including, but not limited to, those
described in this Paragraph.
17. The COMMISSION agrees that it shall be solely and exclusively responsible, during
the term of this CONTRACT, for guaranteeing that all COMMISSION AGENT(S) fully
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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cooperate with all DEPUTIES in providing any POLICE PROTECTION services
pursuant to this CONTRACT, including but not limited to, those of Attachment C.
18. Except as otherwise provided in this Paragraph, the COMMISSION agrees to
defend, indemnify and hold the COUNTY and/or any COUNTY AGENT(S) harmless
from and against any and all CLAIM(S) which are imposed upon, incurred by, or
asserted against the COUNTY and/or any COUNTY AGENT(S) by any person and
which are based upon, result from, or arise from, or are in any way related to any
alleged error, mistake, negligent or intentional act(s) or omission(s) by the
COMMISSION and/or any COMMISSION AGENT(S), including, but not limited to: (a)
an alleged breach of legal duty to any person by the COMMISSION and/or any
COMMISSION AGENT(S); (b) any alleged failure by the COMMISSION or any
COMMISSION AGENT(S) to comply with any COMMISSION duty or obligation in this
CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any
COMMISSION or COMMISSION AGENT(S)' services, buildings, equipment, or any
other event, occurrence, duty or obligation related or attendant thereto. The
COMMISSION, however, shall not be obligated to pay any portion of any court
ordered judgment or award for which a court has determined that the COUNTY
and/or any COUNTY AGENT(S) was either negligent or at fault for any specific dollar
amount of damages or loss to any person other than the COMMISSION or any
COMMISSION AGENT(S). The COMMISSION shall not be required or obligated to
defend, indemnify, and/or hold the COUNTY or any COUNTY AGENT(S) harmless in
any criminal investigation, criminal case, criminal prosecution or criminal proceeding,
or pay any costs, expenses, fines, damages or liabilities, or any kind whatsoever
which are incurred in or result form any criminal investigation or prosecution.
19. The COMMISSION agrees that all COMMISSION indemnification and hold harmless
promises, waivers of liability, representations, liabilities, payment obligations, and/or
any other related obligations provided for in this CONTRACT with regard to any acts,
occurrences, events, transaction, or CLAIM(S) either occurring or having their basis
in any events or transactions that occurred before the cancellation or expiration of
this CONTRACT, shall survive the cancellation or expiration of this CONTRACT.
20. Except as expressly provided herein, this CONTRACT does not, and is not intended
to, create, by implication or otherwise, any direct or indirect obligation, duty, promise,
benefit, and/or right to be indemnified, or any other right of any kind, in favor of any
person, organization, alleged third party beneficiary, or any right to be contractually,
legally, equitably, or otherwise subrogated to any indemnification or any other right
provided under the terms of this CONTRACT.
21. The COMMISSION agrees that it may not assign, delegate, contract, subcontract or
otherwise, transfer, promise, commit, or loan any 0.C.S.O.'s or any DEPUTY'S
POLICE PROTECTION services or duties under this CONTRACT to any other
person and/or public or private corporation, entity, or organization of any kind.
22. The COMMISSION represents and warrants that it has reviewed all of its current or
proposed lease and licensing agreements with its patrons, concessionaires,
promoters, vendors, and other persons who are or may become contractually
involved with the COMMISSION for any events or activities at PAINT CREEK
TRAILWAYS, and hereby represents and warrants that the COMMISSION does not
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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have, and will not in the future have, any other contractual agreement that will in any
manner restrict, interfere with, or prohibit the COMMISSION, and COMMISSION
AGENT(S), or any other person from complying with the COMMISSION's obligations
and duties as set forth in this CONTRACT.
23. The COMMISSION agrees that it shall promptly deliver to the 0.C.S.O. written notice
and copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or
allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature,
that the COMMISSION becomes aware of which involves in any way the 0.C.S.O. or
any DEPUTY. The COMMISSION agrees to cooperate with the 0.C.S.O. in any
investigation conducted by the 0.C.S.0 into any act(s) or work performance of any
DEPUTY.
24. Subject to the following Paragraph, this CONTRACT shall become effective on
May 1, 2010, and shall remain in effect until it expires without any further act or
notice being required of any party, as 11:50 p.m. on May 1, 2011. Either the
COUNTY, the SHERIFF, or the COMMISSION may cancel this CONTRACT for any
reason without incurring any penalty or liability to any party as a result, before its
scheduled expiration, by delivering a written notice of cancellation of this
CONTRACT to the other two parties at least thirty (30) days before the effective date
of cancellation (which cancellation date shall be clearly stated in this written notice),
and at 11:59 P.M. on the stated effective date of cancellation, this CONTRACT shall
be canceled.
25. This CONTRACT, and any subsequent amendments, shall not become effective
prior to the approval by concurrent resolutions of the COUNTY Board of
Commissioners and the COMMISSION Council. The approval and terms of the
CONTRACT shall be entered into the official minutes and proceedings of the
COUNTY Board of Commissioners and COMMISSION Council and shall also be
filed with the office of the Clerk for the COUNTY and the COMMISSION. In addition,
this CONTRACT, and any subsequent amendments, shall be filed with the Secretary
of State for the State of Michigan by the 0.C.S.O. and shall not become effective or
implemented prior to its filing with the Secretary of State.
26. The parties shall send, by first class mail, all correspondence and written notices
required or permitted by this CONTRACT to each of the signatories of this
CONTRACT, or any signatory successor in office, to the addresses shown in this
CONTRACT. 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 with the U.S. Postal Service.
27. This CONTRACT is made and entered into the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of
Michigan. The language of all parts of this CONTRACT is intended to and, in all
cases, shall be construed as a whole according to its fair meaning and not construed
strictly for or against any party. As used in this CONTRACT, the singular or plural
number, possessive or non-possessive shall be deemed to include the other
whenever the context to suggest or requires.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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28. Absent an express written waiver, the failure of any party to pursue any right granted
under this CONTRACT shall not be deemed a waiver of that right regarding any
existing or subsequent breach or default under this CONTRACT. No failure or delay
on the part of 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 privilege.
29. The COUNTY, the SHERIFF, and the COMMISSION acknowledge that his
CONTRACT shall be binding upon each of them and, to the extent permitted by law,
upon their administrators, representatives, subsidiaries, executors, successors and
assigns, and all persons acting by, through, under, or in concert with any of them.
30. This CONTRACT, consisting of a total of 14 pages (including Attachments A, B, and
C, which are all hereby incorporated into and made part of this CONTRACT), sets
forth the entire agreement for increased POLICE PROTECTION at PAINT CREEK
TRAILWAYS between the 0.C.S.O. and the COMMISSION and fully supersedes
any and all prior agreements or understandings between them in any way related to
the subject matter hereof. It is further understood and agreed that the terms and
conditions herein are contractual and are not a mere recital and that there are no
other agreements, understandings, contracts, or representations between the
0.C.S.0 and the COMMISSION in any way related to the subject matter hereof,
except as expressly stated herein. This CONTRACT shall not be changed or
supplemented orally and may be amended only by concurrent resolutions of the
COUNTY Board of Commissioners and the COMMISSION Council.
31. For and in consideration of the mutual promises, acknowledgements,
representations, and agreements set forth in this CONTRACT, and for other good
and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the COUNTY, the SHERIFF, and the COMMISSION hereby agree
and promise to be bound by the terms and provisions of the CONTRACT.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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WITNESS:
OAKLAND COUNTY SHERIFF
MICHAEL J. BOVOIARD,
Oakland CountAheriff
By:
IN WITNESS WHEREOF, ROCK BLANCHARD, Chairperson, PAINT CREEK TRAILWAYS, hereby
acknowledges that he has been authorized by the Commission to execute this Contract on behalf of
the PAINT CREEK TRAILWAYS and hereby kccepts and binds the COMMISSION to the terms and
conditions of this CONTRACT on this day of (A-c6 I , 2010.
WITNESS: PAINT CREEK TRAILWAYS
By: MC,U
ROCK BLANCHARD., Chairperson, Paint
Creek Trailways Commission
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
Contract on behalf of the County of Oakland and hereby accepts and binds the County to the terms
and conditions of this Agreement on this 9-4 -• day of Mel_1 3 , 2010.
OAKLAND COUNTY BOARD OF COMMISSIONERS
By: r) x-x )L,L ( j-.1
BILL BULLARD, JR., Chairperson,
Oakland County Board of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as OAKLAND COUNTY
SHERIFF, a Michigan Constitutional Offi2,4911BRI21 concurs ad ac t the terms and
conditions of this Agreement on this day of ,2010.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
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ATTACHMENT A
In addition to the terms and expressions "COUNTY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S DEPARTMENT or 0.C.S.0.", and "COMMISSION" which are defined in the CONTRACT, the
COMMISSION and the 0.C.S.O. agree that for all purposes, and as used throughout this CONTRACT
and all Attachments hereto, the words and expressions below are also defined terms under this
CONTRACT. The COMMISSION and the 0.C.S.O. also agree that whenever any defined term or
expression is printed in all uppercase characters, and/or whether used in the singular or plural, possessive
or non possessive, and/or either within or without quotation marks, it shall be defined, read, and
interpreted as provided for in this CONTRACT.
A 1. "POLICE PROTECTION" shall be defined to include the responsibility for the prevention and
detection of crime and the enforcement of the general criminal laws of this state and the motor vehicle and
traffic laws of this state, including, but not limited to, road patrol, crime detection, crime prevention, and
criminal apprehension, as well as any necessary supervision to the extent of the staffing provided under
this CONTRACT, and/or response to any emergency or non emergency which, in the sole judgment of
any DEPUTY, appears to require the presence, attention, or services of any DEPUTY to address,
respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public
health, an accident or accidental injury, and related law enforcement functions as authorized and/or
mandated by law. Additional 0.C.S.O. law enforcement Support Services, such as Marine Division, Arson
Investigation, Detective and Crime Lab services, which the 0.C.S.O, now provides on a County-wide
basis, unless expressly stated to the contrary herein, are not part of the POLICE PROTECTION services
contemplated under the scope of this CONTRACT, however, such Support Services shall continue to be
made available, at no additional cost to the COMMISSION, to the same extent that the 0.C.S.O.
continues to make such law enforcement Support Services available, at no additional charge, to all other
communities within Oakland County. POLICE PROTECTION, as defined in this CONTRACT, shall NOT
include any responsibility or job duty of the COMMISSION or any COMMISSION AGENT(S) including, but
not limited to, gate attendants, ticket sellers, ticket takers, ushers, directors, supervisors, parking
attendants, managers, nurses, emergency medical personnel or technicians, security guards, safety
personnel, complaint adjusters, or any other plant, operational, or administrative personnel who perform
any general crowd control and supervision functions, search any packages and/or patrons for objects such
as bottles, cans, or weapons, remove any objectionable patrons, signs or displays, determine any persons
admissibility to PAINT CREEK TRAILWAYS, traffic control and supervision on COMMISSION owned and
operated property, become involved in any dispute resolution with any COMMISSION AGENT(S) and/or
any person attending PAINT CREEK TRAILWAYS, or enforce any COMMISSION or PAINT CREEK
TRAILWAYS rule, policy, or regulation which does not involve the enforcement of the general criminal
laws of this state.
A 2. "PAINT CREEK TRAILWAYS" shall be defined as the entire recreation area itself, including all
improvements, appurtenant buildings and structures, as well as any interior rooms, control rooms, medical
and first aid areas, hospitality areas, concession and novelty areas, security and control rooms, offices,
closets, storage areas, lockers and rest rooms, and other enclosed areas and personal property or motor
vehicles thereon, as well as all other private and personal property, and surrounding open spaces and
lands which are either owned, operated, or under the control or supervision of the COMMISSION.
A 3. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including,
but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, or any other amount for which the 0.C.S.O.
becomes legally and/or contractually obligated to pay, or any other liabilities of any kind whatsoever
whether direct; indirect or consequential whether based upon any alleged violation of the constitution
(federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract,
or otherwise, and/or whether commenced or threatened.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 10 of 14
A 4. "COMMISSION AGENT(S)" shall be defined to include any and all COMMISSION officers, elected
officials, appointed officials, directors, board members, employees, managers, departments, divisions,
volunteers, agents, and representatives of the COMMISSION, as well as any COMMISSION licensee,
concessionaire, contractor, subcontractor, vendor, subsidiary, joint venturer or partner, and/or any such
persons, successors or predecessors, agents, employees, attorneys, or auditors (whether such persons
act or acted in their personal, representative, or official capacities), and/or any and all persons acting by,
through, under, or in concert with any of them and/or the COMMISSION. COMMISSION AGENT(S) as
defined in this CONTRACT shall also include any person who was a COMMISSION AGENT(S) at any
time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected
in their previous capacity.
A 5. "DEPUTr or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.O., shall be
defined to include the Undersheriff, any Major, Captain, Lieutenant, Sergeant, Deputy II, Deputy I,
Detective Sergeant, Part-Time PARK DEPUTY or any other person or persons of any rank, classification,
or title who, pursuant to state law, is a sworn deputy of the SHERIFF.
A 6. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF
Michael J. Bouchard, and any and all other COUNTY elected and appointed officials, commissioners,
officers, boards, committees, commissions, or their members, departments, divisions, trustees,
volunteers, employees (including any DEPUTY or DEPUTIES), agents, representatives, contractors,
predecessors, successors, assigns, attorneys, or auditors (whether such persons act or acted in their
personal, representative, or official capacities), and any and all persons acting by, through, under, or in
concert with any of them. COUNTY AGENT(S) as defined in this CONTRACT shall also include any
person who was a COUNTY AGENT(S) at any time during the term of this CONTRACT but, for any
reason, is no longer employed, appointed, or elected in their previous capacity.
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 11 of 14
$16.16
$24.24
ATTACHMENT B
2010
Hourly Rate For Each PTNE Mounted Deputy
PINE Mounted Deputy - Hourly Overtime Rate
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 12 of 14
ATTACHMENT C
C 1. The COMMISSION agrees and warrants that, at all times and for all purposes relevant to this
CONTRACT, the 0.C.S.O. shall remain the sole and exclusive employer of all DEPUTIES and that the
0.C.S.O. shall remain solely and exclusively responsible for the direct payment to any DEPUTY of any
DEPUTY'S 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, 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 DEPUTY'S status as
an employee of the 0.C.S.O.
C 2. The COMMISSION agrees and warrants that it shall not grant, give, allow, pay, reimburse,
compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise), or any other thing of
value, either directly or indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that
any money paid directly to the COUNTY by the COMMISSION to reimburse the COUNTY for its costs
pursuant to this CONTRACT shall not be deemed consideration paid by the COMMISSION to any
DEPUTY.
C 3. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is not intended to
create, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form:
(a) any right, privilege, benefit, or any other term(s) or condition(s) of employment, of any kind or nature
whatsoever, in, upon, or for any DEPUTY and/or any DEPUTY'S agents, representatives, unions, or the
successors or assigns of any of them (b) any applicable 0.C.S.O. employment and/or union contract(s);
(c) any level(s) or amount(s) of DEPUTY supervision, standard(s) of performance, training and education
standard(s); and/or
(d) any 0.C.S.O. rule(s), regulation(s), hours of work, shift assignment(s), order(s), policy(ies),
procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control
the employment relationship between the 0.C.S.O. and/or all conduct and actions of all DEPUTIES.
C 4. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is not intended to,
limit, modify, control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation,
and responsibility to determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive
which in any way governs or controls any activity or the performance of any duty by any DEPUTY. The
COMMISSION further agrees that this CONTRACT does not obligate or require the SHERIFF or the
0.C.S.O. to change, alter, modify, use, or develop any different or special POLICE PROTECTION
policies, practices or procedures for use at PAINT CREEK TRAILWAYS.
C 5. The COMMISSION agrees that this CONTRACT does not, and is not intended to include any
0.C.S.O. warranty, promise, or guaranty, either express or implied, of any kind or nature whatsoever, in
favor of the COMMISSION, any COMMISSION AGENT(S), or any person attending PAINT CREEK
TRAILWAYS, that any POLICE PROTECTION provided by the 0.C.S.O. under the terms and conditions
of this CONTRACT will result in any specific reduction or prevention of any criminal activity at PAINT
CREEK TRAILWAYS, or any other such performance-based outcome, but only that the SHERIFF will
make every reasonable effort to provide professional POLICE PROTECTION services at PAINT CREEK
TRAILWAYS, in accordance with generally accepted standards for POLICE PROTECTION with the
DEPUTIES contracted for in Attachment B.
C 6. Under the terms of this CONTRACT, the COMMISSION agrees and promises that no DEPUTY shall
be asked or required to perform any services directly for the COMMISSION or otherwise be available to
perform any other work or assignments from the COMMISSION or be expected to perform any acts other
than governmental law enforcement functions or POLICE PROTECTION, and that no DEPUTY shall be
PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 13 of 14
employed, in any manner or capacity, by the COMMISSION.
C 7. The COMMISSION agrees that neither the COMMISSION nor any COMMISSION AGENT(S) shall
otherwise provide, furnish or assign any DEPUTY with any job instructions, job descriptions, job
specifications, or job duties, tools, supplies,
or equipment, or in any manner attempt to control, supervise, train, or direct any DEPUTY in the
performance of any 0.C.S.O. duty or obligation to provide POLICE PROTECTION under the terms of this
CONTRACT.
C 8. The SHERIFF shall designate one DEPUTY assigned to provide POLICE PROTECTION at PAINT
CREEK TRAILWAYS under this CONTRACT as a "Communications Liaison" for the purpose of
maintaining communications with the COMMISSION Chairperson. The COMMISSION Chairperson, or a
designated COMMISSION AGENT(S), may contact the Communications Liaison to request, advise, or
otherwise make the 0.C.S.O. aware of particular POLICE PROTECTION needs and services at PAINT
CREEK TRAILWAYS or to provide other relevant information. The COMMISSION Chairperson, or
designated COMMISSION AGENT(S), may bring to the SHERIFF's attention any concerns regarding the
assignment of any DEPUTY to PAINT CREEK TRAILWAYS, however, the SHERIFF's decision on the
assignment of any DEPUTY shall be final. The Communications Liaison DEPUTY shall, to the extent that
any such communication would not interfere in an ongoing criminal investigation or prosecution, keep the
COMMISSION Chairperson reasonably informed regarding criminal and/or law enforcement activities at
PAINT CREEK TRAILWAYS.
C 9. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is not intended to,
limit, modify, control, or otherwise affect in any manner the SHERIFF's complete and unilateral discretion
of the SHERIFF to either continue or revoke the deputization of any DEPUTY, or any other person, who, in
the SHERI FF's sole judgment, he does not believe is qualified or otherwise fit to be a 0.C.S.O. DEPUTY.
C 10. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is not intended to,
limit, modify, control, or otherwise affect in any manner the 0.C.S.O.'s complete and unilateral discretion,
responsibility, and right, subject only to its collective bargaining agreements, to employ, compensate,
assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any 0.C.S.O.
DEPUTY and/or pay any and all 0.C.S.O. DEPUTY 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 0.C.S.O.
DEPUTY with the OAKLAND COUNTY SHERIFF'S DEPARTMENT.
C 11. The COMMISSION and the 0.C.S.O. agree that the 0.C.S.O. shall be solely and exclusively
responsible for providing DEPUTIES with all necessary tools, automobiles, radios, communications
equipment, firearms, and any and all other equipment that the 0.C.S.O., in its sole judgment, deems
required or beneficial for the completion of any 0.C.S.O. duty under the terms of this CONTRACT. The
0.C.S.O, shall also be solely and exclusively responsible for any and all DEPUTIES' business expenses,
licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc In the event that the
COMMISSION desires any special or additional personal property or equipment (e.g., cellular telephones,
pagers, automobiles, motorcycles, etc.) be provided, at COMMISSION expense or otherwise, to any
DEPUTY assigned to PAINT CREEK TRAILWAYS, the COMMISSION shall direct such requests to the
0.C.S.O. which shall solely decide whether such personal property or special equipment shall be
provided. Any and all such additional personal property, portable or individual use equipment or property,
and/or any special equipment to be provided by the COMMISSION, shall be provided directly and
exclusively to the 0.C.S.0.
PAINT CREEK TRA1L1NAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES
2010
Page 14 of 14
Resolution #10106 May 5, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #10106 May 20, 2010
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub,
Woodward, 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 HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 20,
2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 20th day of May, 2010.
Gat
Ruth Johnson, County Clerk