HomeMy WebLinkAboutResolutions - 2012.08.31 - 20529nrv
MISCELLANEOUS RESOLUTION #12220_ September 5, 2012
BY: GENERAL GOVERNMENT COMM i FLEE, c_liristine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION —
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2012 ACCEPTANCE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has awarded Oakland County grant funding in the
amount of $53,860 for the period of October 1, 2011 through September 30, 2012; and
WHEREAS the Homeland Security Division was notified of available grant funding via
a letter dated July 20, 2012, as attached; and
WHEREAS this is the 40 th year of grant acceptance for this program; and
WHEREAS the purpose of the program is to encourage the development and
comprehensive disaster preparedness and assistance plans, programs, capabilities, and
organizations by the states and local governments; and
WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-
through of Federal funds and requires a 50% match in the amount of $53,860; and
WHEREAS the grant agreement has been processed through the County Executive
Contract Review Process and is subject to the approval of the Department of Corporation
Counsel and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts grant funding from the State of Michigan in the amount of $53,860 for
Fiscal Year 2012 with a 50% match from the County in the amount of $53,860 for total funding
of $107,720.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the
County to continue to fund any special revenue positions if/when the grant expires.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners is authorized to execute the grant agreement and to approve any grant
extensions or changes, within fifteen percent (15%) of the original award, which are consistent
with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the
County to any future commitment.
Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gershenson, Matis and Hatchett absent.
GRANT REVIEW SIGN OFF — Homeland Security Division
GRANT NAME: FY 2012 Emergency Management Performance Grant (EMPG)
FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland
Security Division
DEPARTMENT CONTACT PERSON: Ted Quisenberry 248 452-9578
STATUS: Grant Acceptance
DATE: August 17, 2012
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned punt materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be placed on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (8/1312012)
Department of Human Resources:
Approved. —Karen Jones (8/10/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (8/15/2012)
Corporation Counsel:
Approved. — Bradley 0. Berm (811712012)
COMPLIANCE
The grant agreement references a number of specific federal and/or state regulations. Below is a list of
these specifically cited compliance related documents for this grant.
FY 2012 EMPG Funding Opportunity Announcement
http://www.fema.gov/pdf/govemmenti2rant/2012/fy12 empg foa.pdf
State EMPG Guidebook
Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended
Mtn: /iwww.michigan Rov/documents/mso emd-Act 390 of 1976, 7125 7.p df
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended
http://www.fein a. gov/about/stafact . shtm
Emergency Management and Assistance Regulations (44 CFR)
http ://www ae ces s polo vinara/cfrivvais idx, 00/44 efrvl_00.html
Office of Management and Budget Circulars A-87, A-102 and A-133, as revised
http ://www.whitehouse. goy/on-lb/circulars/in d ex.html
RICK SNYDER
COvERNOR
STATE OF IVIICIRGAN
filffet*TtilgtqginVerif POLICE LANSING
JUL 30 A 11: 00i
COL. KR!STE KiBBEY ETUE
DrREcioR
July 20, 2012
Dear Local Emergency Management Coordinator:
Enclosed is the Fiscal Year 2012 (FY 2012) Emergency Management Performance Grant (EMPG) Program
grant agreement package for the COUNTY O OAKLEOln. Please return the required grant documentation
listed on the enclosed Sub grantee Checklist to our office. We cannot reimburse you for any expenditures
until we have received your signed grant agreement and all other required forms included on the
Subgreatee Checklist.
The Department of Homeland Security (DHS) provides federal funds through the EMPG Pmgram for stale
and local emergency management programs. As the designated grantee for EMPG funding in Michigan, the
Emergency Management and Homeland Security Division (E(HSD) enters into grant agreements with local
emergency management programs each year.
Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the EMPG Program
is 97.042.
The total award for your program for FY 2012 is noted in Section III (Grant Award Amount and Restrictions)
of your FY 2012 EMPG Grant Agreement. Reimbursement for your EMPG program is contingent upon
completion of the activities in the signed Emergency Management Work Agreement. in order to remain
eligible for EMPG funding, you must maintain current and adequate plans and meet exercise requirements.
If a work activity is not completed in the designated quarter, you may not be reimbursed until the work is
completed. The EMHSD district coordinators may make recommendations on reimbursement, but final
approval remains with the Deputy Slate Director of Emergency Management and Homeland Security, who
may or may not approve a delay in the completion of the activity. If you have not completed the work activities
(for which funds have been withheld) by the end of the fiscal year, you may be required to forfeit those funds.
You may utilize the specific award you will be receiving to compensate a portion of the program manager's
wages and fringe benefits. The EMD -007 must be submitted to your district coordinator each quarter.
Documentation (in the form of check numbers or payroll register reports) is required for the program
manager's salary and fringe benefits costs. Please refer to Section IV (Responsibilities of the Subgrantee)
in the grant agreement for information about supplanting.
As a recipient of funding from OHS, you are responsible for the management and fiscal control of all fonds.
These responsibilities include accounting for receipts and expenditures, maintaining adequate financial
records, and refunding expenditures disallowed by federal or state audit. Please refer to Section II (Statutory
Authority) and Section IV (Responsibilities of the Subgrantee) in your FY 2012 [MPG Grant Agreement for
specific responsibilities and requirements.
Sincerely,
W. Thomas Sands, Captain
Deputy State Director of Emergency Management
and Homeland Security
Enclosures (7)
EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION • 4000 COLLINS ROAD • LANSING, MICHIGAN 43910
wv.w.roiciligan pv,nur) • (517i:336-G1M
State of Michigan
FY 2012 Emergency Management Performance Grant
(EM PC) Grant Agreement
October 1, 2011 to September 30, 2012
CFDA Number: 97.042
Grant Number: EMW-2012-EP-00033
This Fiscal Year 2012 (FY 2012) Emergency Management Performance Grant (EMPG) grant agreement is hereby
entered into between the Michigan Department of State Police, Emergency Management and Homeland Security
Division (hereinafter called the Subgrantor), and the
COUNTY OF OAKLAND
(hereinafter called the Subgrantee)
I. Purpose and Objectives
The purpose of this grant agreement is to provide federal [MPG funds to the Subgrantee for the development and
maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in
times of disaster or emergency.
The FY 2012 EMPG Program plays an important role in the implementation of Presidential Policy Directive a (ppi.)-
a) by supporting the development and sustainment of core capabilities. The federally designated priorities for the
FY 2012 EMPG grant are (1) Implementation of PPO-6, arid (2) Advancing 'Whole Community' Security and
Emergency Management.
FY 2012 EMPG program activities will support activities described with PPD-6 and the National Preparedness Goal
(NPG). These activities include continued development and sustainment of core capabilities needed to close gaps
arid strengthen the Nation's preparedness.
To address the priority for Advancing "Whole Community Security arid Emergency Management, four objectives
have been identified and each has been given a performance measure and associated reporting requirement to
determine effectiveness in utilizing EMPG Program funding to prepare far all hazards and advance a whole
community approach.
For more information on PPD-8, federally designated priorities, and the FY12 EMPG objectives, as well as
guidance on allowable costs and program activities, please refer to the FY 2012 EMPG Funding Opportunity
An located at httpifiviww.fema.govipdfigovernrnentigrant12012/1y12_empg_foa.pdf,
II, Statutory Authority
Authorizing authority for the FY 2012 EMPG is provided by Section 662 of the Post-Katrina Emergency
Management Reform Act of 2006 (PKEMRA) (Public Law 109-295). as amended try section 201 of the
Implementing Recommendations of the 9111 Commission Act of 2007 (Public Law 110-53): the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, (Public Law 93-2881, as amended, 42 U.S.C. 5121-5207, sections
201, 811(j) and 613; 42 U.S.C. 6131, 5196(j), and 51961), respectively; specifically, the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). Appropriation authority is provided by The Consolidated
Appropriations Act, 2012, Division D (Public Law 112-74),
The Subgrantee agrees to comply with all Elv1PG program requirements in accordance with the federal FY 2012
Elv1PG Funding Opportunity Announcement, located at
rittpilomiv,ferna,govipdf/goverrimentgrant12012ifyl2_empg Joarydf; the state EM PG Guidebook; the Michigan
Emergency Management Act, Act 390, P.A. of 1978, as amended, located at
htto:hiwww.michigan.govIdocurnents1mspernd-Act_390_of_1976_7125_7.pdf: and the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended, located at http://www.fema.goviaboutistafact. The Subgrantee
also agrees to comply with regulations, including, but not limited to the following, as applicable:
FY 2012 EMPG
County of Oakland
Page 2 of 9
A. Administrative Requirements
1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
Stale and Local Governments (OMB Circular A-102)
2, 2 CFR, Part 215, Warm Administrative Requirements for Grants and Agreements to Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110)
3, 44 CFR, Part 10 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures,
Contracts uvith Commercial Organizations: Environmental Considerations
B. Cost Principles
1. 2 CFR, Part 225, Cost Principles for State. Local, and Indian Tribal Governments (OMB Circular A-87)
2, 2 CFR, Part 220, Cost Principles for Educational institutions (OMB Circular A-21)
3. 2 CFR, Pan 230, Cost Principles for Non-Pro& Organizations (OMB Circular A-122)
4. 44 CFR, Part 31.2 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at
httpliwww.whitehouse,govisitesidefaultifilesfombiassetqa133/2133 revised_2007.9df
2. Improper Payments Information Act (PIA) of 2002, (Public Law 107:-00), located at
httpliviww.dol.goviocfoirnediairegsflPIA.pdf,
ID. Duplication of Benefits
1. There may riot be a duplication of any federal assistance by governmental entities, per 2 CFR Part 225,
Basic Guidelines Section C.3 (c).
2. Non-governmental entities are also subject to this prohibition per 2 CFR Paris 220 and 230 and 4-8
CFR Part 31.2.
Code of Federal Regulations (CFR) documents are located online at www.eCFR.gpoaccess,gov.
Ill. Grant Award Amount and Restrictions
A. The Comm OF OAKLAND is awarded $53850.00 under the FY 2012 EMPG. The Subgrentar determined
the Subgrantee's EMPG aliocation as 37.027545% of the Stibgrantee's emergency program managers
salary and fringe benefits. Because it is dependent upon the level of federal funding for the EMPG
program, the award may be reduced if the level of federal funding is decreased. Tile Subgrantee may
receive less than the allocated amount if the Subgrantee's cost share of wages and fringe benefits paid to
the program manager are less than the total allocation. The Subgrantee's EMPG program budget is
documented on the "Local Budget for Emergency Management Performance Grant' (form EMD-17)
B. This grant agreement designates EMPG funds for the administration and oversight of an approved
emergency management program. The Subgrantee may utilize grant funds for the reimbursement of
salary, overtime, and associated fringe benefits for the program manager. No ether expenditures are
allowed.
C, The funds awarded in the grant agreement shall only he used to cover allowable costs that are incurred
during the agreement period. Grant agreement funds shall not be used for other purposes.
D. In FY 2012. the EMPG Program has a 50% cost match (cash or in-kind) requirement, as authorized by the
Robert r Stafford Disaster Relief and Emergency Assistance Act (Public Law 93 -288), as amended, 42
U.S.C. 5121-5207. Specifically, Title VI, sections 611(j) and 514. Unless otherwise authorized by law,
federal funds cannot be matched with other federal funds,
The Federal Emergency Management Agency (FEMA) administers cost matching requirements in
accordance with 44 CFR Part 13.24 Of 2 CFR Part 215.23. To meet matching requirements, the grantee
contributions must be reasonable, allowable, allocable, and necessary under the grant program and must
FY 2012 EMPG
County of neldand
Page 3 of 9
comply with al i federal requirements and regulations. FEMA administers cost match requirements in
accordance with 44 CFR Part 13.24, which is located at www.eCFR,gpoaccess.gpv.
See the FY 2012 EMPG Funding Opportunity Announcement, located at
http://wwweema.goviNfigovennmentigrant/201211 -y12_empg foepelf, for additional match guidance, to
include match definitions. basic guidelines, and governing provisions.
E. FEMA has implemented additional effectiveness measures and reporting requirements. Included are
targeted training requirements for the National Incident Management System (NIMS) and the FEMA
Professional Development Series (PDS), Training requirements are to be met through the FEMA
Emergency Management Institute (EMI) online Independent Study (IS) system, Also included were
targeted exercise requirements, and EMPG funded personnel are required to participate in three exercises
per year.
Continuing with the grant guidance of FY 2012, programs are required to fill out the quarterly training and
quarterly exercise reports (forms) identifying training and exercises completed during the quarter.
Guidance for accomplishing these requirements will be provided by the Subgrantor. Changes to the
program may be implemented in FY 2012, with guidance provided at the time work agreements are
developed.
F. Upon request, the Subgrantee must provide to the Subgrantor information necessary to meet federal
subaward reporting and executive compensation requirements
IV. Responsibilities of the Sulagrantee
A. FY 2012 EMPG funds must supplement, not supplant, state or local funds. Federal funds will be used
to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the
same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent
monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it did
not reduce non-federal funds because of receiving federal fueds. Federal funds cannot be used to replace
a reduction in norefederai funds or solve budget shortfalls in general fund programs.
B. The Subgrantee agrees to comply with all applicable federal arid state re-gulations, including, but not limited
to the FY 2012 Erv1PG Funding Opportunity Announcement, located at
tetpareeww.fema.govipdflgovernmeriegrant/20121Ty12_empg_foa.pde and the Agreement -Articles
Applicable to Sulegrantees: Fiscal Year 2012 Emergency Management Performance Grants. Each of these
documents is incorporated by reference into this grant agreement. A document listing the Agreement
Articles Applicable to Suberentees: Fiscal Year 2012 Emergency Management Performance Grants is
enclosed with the grant agreement packet,
C. In addition to this FY 2012 EMPG grant agreement, the SuPgrantee shall complete, sign, and submit to
Subgrantor the following documents, which are incorporated by reference into this grant agreement:
I. Standard Assurances
2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility elatters; and
Drug-Free Workplace Requirement
3. State of Michigan Audit Certification Form f EMD-053)
4. DUNS Number Record Form
5. Other documents that may be required by federal or state officials
ID. The FY 2012 EMPG covers eligible costs from October 1, 2011 to September 30, 2012. Please refer to the
FY 2012 EMPG Funding Opportunity Announcement, located at
http:ilveww,ferna.govipdfigovernmentfgrant/2012ffy12_empgica.pde for a detailed list of what costs are
eligible under this grant. Allowable costs are specifically addressed in Appendix C of the Funding
Opportunity Announcement.
FY 2012 EMPG
Count? of Ceakiend
Page 4 of 9
E. Complete quarterly work agreements in accordance with the Emergency Management Fiscal Year 2012
Work Agreement, as scheduled.
F. Enact enabling legislation establishing the local emergency management program and ensure a copy of
the local reso/ution or ordinance is on fire with the Subgrantor.
G. Appoint an emergency management program manager who is able to assume responsibility for the
following functions, either personally or through officers:
1. Development and maintenance of programs arid systems for effective coordination of community
resources in all phases of emergency management: mitigation, preparedness, response, and recovery.
2. Planning and preparation for population protection, including evacuation, shielterireception, logistics
and resource management. Ensure that Executive Order #13347 entitled "Individuals with Disabilities in
Emergency Preparedness° is being addressed. Further information can be found at the Disability and
Emergency Preparedness Resource Center located at weeedisabilitypreparedness.gov ,
3. Planning and preparation for its appropriate role in response to natural and man•nade emergencies
and disasters.
4. Exercising the emergency operations plan of the jurisdiction.
5. Emergency management training,
6. Response and recovery from natural and man-made hazards, homeland security related incidents, and
other emergencies that may threaten the safety and well-being of citizens and communities.
7. Promoting public awareness of hazards and encouraging family and individual preparedness.
B. Identifying end implementing measures to mitigate the negative impact of disasters and emergencies.
9. Assure full MIMS compliance, as detailed in state guidance, by the end of FY 2012. NIMS information is
available at http://www.fernagoviernergencyinims. More information on complying with MIMS is
available from the State NIMS Coordinator,
10. Identify needs and priorities for strengthening capabilities, while simultaneously addressing issues of
state and national concern.
H. Provide Subgrantor with complete job description for the federally funded EMPG program manager,
including non-EM PG duties
I. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's position.
J. The Subigrantee witi contribute to the development and maintenance of the State's Multi-Year Training and
Exercise Plan (TEID) and conduct exercises that comply with local, state, and federal requirements,
including the Homeland Security Exercise arid Evaluation Program (HSEEP) to accomplish this goal.
Specific requirements are as follows:
t Exercises must be conducted by the Subgrantee at least annually.
2. Exercises must comply with the -Subgmntee's Emergency Management Annual Work Agreement,
3. The Subgrantee must also submit a three-year exercise plan worksheet reflecting upcoming training
events and exercises which are to be included in the annual State Multi-Year Training and Exercise
Flan.
4, An After Action Report/improvement Plan (AAR/IP) shall be completed for each exercise and submitted
to the Michigan State Police Emergency Management and Homeland Security Division (EMHSD) State
Exercise Officer.
K. Ensure the EMPG funded program manager completes specific training classes as required by the Annual
Work Agreement for FY 2012_
L. Have an approved and current emergency operations plan on fite with the EMHSD District Coordinator.
M. The Sub-grantee agrees to prepare the form EMD-007 •Efv1PG Expenses Claimed for Local Program
Contributions Form*. The EMD-007 form is also referred to as the 'Quarterly Wing Form". The Subgrantee
agrees to submit this form with supporting documentation, including all required authorized signatures and
required reimbursement documentation, to the appropriate District Coordinator no rater than 20 days
following the end of each quarter. The most cerrent EMD-007 form must be used or the reimbursement
FY 2012 [MPG
County of Oakland
Paw 5 of 9
request will not be processed. The "Quarterly Billing Form" (EMD-007) is located at
http://www.michigan.govirnsp/0.1607.7-123-16-45_3600 4614--,00.html.
N. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR,
Part 13 including, but not limited to, the following provisions!
1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures
disallowed by federal or state audit.
2. Retain all financial records, statistical records, supporting documents, and other pertinent materials for
at least three years after the grant is closed by the awarding federal agency, for purposes of federal
and/or state examination and audit.
3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984,
as amended, arid OMB Circular A-133, 4Audits of States, Local Governments, and Non-Profit
Organizations," as further described in 44 CFR, Part 13.
0. Integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347.
P. Complete additional reporting requirements for the fourth quarter. ending September 30, 2012. Guidance
for accomplishing these requirements will be provided by the Subgrantor.
V. Responsibilities of Subgrantor
The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will:
A. Administer the grant in accordance with all applicable federal and state regulations and guidelines and
submit required reports to the awarding federal agency.
B. Provide direction and technical assistance to the Subgrantee,
C. Provide to the Subgrantee any special report forms and reporting formats (templatee) required for operation
of the program.
D. Reimburse the Subgrantee, in accordance with this grant agreement, in an amount not to exceed 50% of
allowable expenditures, up to the Subgrante -e's total [MPG award. based upon appropriate reports,
records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be determined by
the amount of the program manager's salary and fringe benefits submitted.
E. At its discretion, independently, or in conjunction with the awarding federal agency, conduct random on-site
reviews of the Subgrantee_
VI. Reporting Procedures
A. The Subgrantee agrees to prepare quarterly reports using the 'Emergency Management Fiscal Year 2012
Work Agreement/Quarterly Reports Form" (EMD-31) and submit them to the appropriate District
Coordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the
Subgrantor is contingent upon the Subgrantee's completion of scheduled work activities
B. if the Subgrantee fails to complete the scheduled work activities during a quarter, the Subgrentor will
withhold reimbursement until either the work is completed or the Deputy Slate Director of Emergency
Management and Hcirnefand Security approves a delay in the completion of the activity. If scheduled work
activities are not completed by the end of the fiscal year, September 30, 2012, any balance of the EMPG
award may be forfeited.
C_ A Subgrantee that fails to complete the annual exercise requirement, as. scheduled within FY 2012 may be
ineligible for EMPG funding for that quarter and all remaining quarters of FY 2012, and all subsequent
quarters until the quarter when the qualifying exercise is completed.
FY 2012 EMPG
County of Oakland
Page 6 of
D. Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the
suspension of grant activities until reports are received.
E. Reporting periods and due dates are as follows:
October 1 through December 31; Due January 20
January 1 through March 31; Due April 20
April 1 through June 30; Due July 20
July 1 through September 30; Due October 20
VII. Payment Procedures
A. The Subgrantee agrees to prepare the form EMD-007 'EMPG Expenses Claimed for Local Program
Contributions Farm'. The EMD-007 form is also referred to as the 'Quarterly Billing Form", The Subgrantee
agrees to submit this form with supporting documentation, including all required authorized signatures and
required reimbursement documentation, to the appropriate District Coordinator no later than 20 days
following the end of each quarter. The most current EMD-007 form must be used or the reimbursement
request will not be processed. The 'Quarterly Billing Form' (EMD-007) is located at
httpliwww.michigan.govimsp/0,1607,7-123-1645_3500_4514---,00.html.
B. If the Subcrantee submits an incomplete or late quarterly billing report to the District Coordinator, the billing
may not be processed unto the following quarter.
C. The Subgrantee agrees to return to the Subgrantor any unobliealted balance of funds held by the
Subgrantee at the end of the agreement period or handle hem in accordance with the instructions provided
by the Subgrantor.
VIII. Employment Matters
Subgrantee shall comply with Title Vi of the Civil Rights Act of 1964 (42 U.S.C. § 2400d et seq.), as amended; Title
VIII of the Civil Rights Act of 1968 (42 LI.S.C.§ 3601 et seq.): Title IX of the Edification Amandments of 1972 (Equal
Opportunity in Education Act) (20 U.S.C. § 1661 et seq,), the Age Discrimination Act of 1975 (42 LES,C. § 0101 et
seq): Titles I, ll and III of the Americans with Disabilities Act of 1990(42 U.S.C. §§ 12101-12213); the Elliott-Larsen
Civil Rights Act, 1976 PA 453, as amended (MCL 37.2101 at seq.); the Persons with Disabilities Civil Rights Act,
1975 PA 220, as amended (MCL 37.1101 ef seq.), Sectien 504 of the Reef-W.:At/teflon Act of 1973; (29 LI.S.C. §7g4),
as amended, and all other federal, state and local fair employment practices and equal opportunity laws and
covenants. The Subqrantee shall not discriminate against any employee or applicant for employment, to be
employed in the performance of this grant agreement, with respect to his or her hire, tenure, terms, conditions, or
privileges of employment; or any matter directly or indirectly related to employment because of his or her race,
religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or handicap that is
unrelated to the individual's ability to perform the duties of a particular job or position. The Subgrantee agrees to
include in every subcontract entered into for the performance of this grant agreement this covenant not to
discriminate in employment. A breach of this covenant is a material breach cif the grant agreement.
The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of the Subgrantee for projects related
to this grant agreement appears on the Federal Excluded Parties list System, located at www.epls.gov .
IX. Limitation of Liability
Subgrantor and Surentee to this grant agreement agree that each must seek its own legal representative and
bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is
specifically understood and agreed that neither party will indemnify the other party in such litigation.
FY 2012 HAP°
County of Oaeland
Page 7 of 9
This is not to be 0017SfrUed as a waiver of governmental immunity for either party.
X. Redistribution Prohibition
A grant awarded under this grant agreement that be used by the Subgrantee and shall not be redistributed by the
Subgrantee to any other entity unless specifically provided for in the grant agreement.
Xi. Third Parties
This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third party
beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor.
XII. Grant Agreement Period
This grant agreement is in full force and effect from October 1 2011 to September 30, 2012. No costs eligible
tinder this grant agreement shall be incurred before the starting date of this grant agreement, except with prior
written approval. This grant agreement consists of two identical sets, simultaneously executed: each ie considered
an original having identical legal effect, This grant agreement may be terminated by either party by giving thirty (30)
days written notice to the other party stating reasons for termination and the effective date, or upon the failure of
either party to carry out the terms of the grant agreement Upon any such termination, the Subgrantee agrees to
return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to
reimburse the Subgrantee.
XIII. Entire Grant Agreement
This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements,
documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This
grant agreement constitutes the entire agreement between the parties and may not be amended except by written
instrument executed by both parties prior to the grant end date. No party to this grant agreement may assign This
grant agreement or any of hisiherets rights, interest, or obligations hereunder without the prior consent of the other
party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or
services indicated in this grant agreement, as well as changes of address or personnel affecting this grant
agreement. Changes in dates, budget, or services are subject to prior written approval of SuPgrantor. If any
provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement
shall remain valid.
The Subgrantor may suspend or terminate 5ubgrant funding to the Subgrantee, in whole or in part, or other
measures may be imposed for any of the following reasons:
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory objectives of federal or state law.
• Failure to rnalce satisfactory progress toward the goals or objectives set forth in the subg rant application,
• Failure to fallow grant agreement requirements or special conditions.
• Proposal or implementation of substantial plan changes to the extenl that, if originally submitted, the project
would not have been approved for funding.
• Failure to submit required reports.
• Filing of a false certification in the application or other report or document.
Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective
measures and will make every effort to resolve the problem informally,
FY 2012 EMPG
County of Oakland
Page 8 of 9
XIV. Business Integrity Clause
The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the
Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of
a criminal offense incident to the application for or performance of a state, public, or private grant or subcontract; or
convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee
to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal antitrust
statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the
Sub-grantee's business integrity.
XV. Freedom of Information Act (FOIA)
Much of the information submitted in the course of applying for funding under this program, or provided in the
course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to
national security interests. This may include threat, risk, and needs assessment information; and discussions of
demographics, transportation, public works, and industrial arid public health infrastructures. Therefore, each
Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a
case-by-case basis. The Subgrantee should be familiar with the regulations governing Protected Critical
Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1523), as these
designations may provide additional protection to certain classes of homeland security information.
Printed Name Title
W_ Thomas Sands, Caotain
Printed Name
Deputy State Director of Emergency
Management and Homeland Security
Title
FY 2012 EMPG
County of Oakland
Page 9 of 9
XVI, Official Certification
For the Subgrantee
The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorize-et to
sign this grant agreement on behaif of the organization he or she represents. The Subgrantee agrees to complete
all requirements specified in this grant aoreernent.
COUNTY OF OAKLAND
Name of Subgrantee
For the Chief Elected Official:
Signature Date
For the Local Emergency Program Manager:
Printed Name Title
Signature Date
For the SubArantor an State Police. merciency Mm'wuiem and Ftomamld Security Division)
ftk/410.
7/2012011
Date Signature
0M13 APPROVAL NO 1121-0140
EXPIRES 000/2009
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requireMents, including OMB Circulars A-21,, A-87, A-102., A-110, A-122, A-
133i E. Order [2372 (intergovernmental review of fcclera1 programs); and 28 CIR. pts, 66 or 70
(administrative requirements for grams and cooperative agreements). The applicant also specifically
assures and certifies that;
1_ It has the legal authority to apply for federal assistance and the inStitutional, managerial, and financial
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure
proper planning, management, and completion of the project described in this application,
2. it will establish safeguards to prohibit employees from using their positions for a purpose th at
constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
3. it will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper (IT electronic records related to the finaacial
assistance.
4. It wig comply with all lawful requirements imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C.F.R. pts, 18, 22, 23, 30, 35, 38, 42, Si, and 63, and the award term in
2 C.F,R, § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex, Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Ad of 1974 (16 U-S-C.§
469 a-1 et seq.), and the National Environmental Policy Act of 1.969 (42 U.S.C. §. 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 196S (42 U.S.C, §.37S9d); the Victims of Crime Act (42 U.S.C. §10604(e)); The
Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §5672(b)); the Civil Rights - Act of
1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 ftS,C. §794); the Americans with
Disabilities Act of 1990 (42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §, 41681,
1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§. 6101-07); sce Ex. Order 13279
(equal protection of the laws for faith-based and community organizations).
7 If a governmental entity—
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally-assisted programs; and
b) it will comply with requirements of 5 (J.S.C.§§ 1501-08 and §§7324-28, which limit certain
political activities of State or local government employee's whose principal employment is in connection
with an activity finanoed in whole or in part by federal assistance.
Sivnature Date Date
Michael 0. Gingell, Chairman, Soard of Commissioners
DEF'ARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited beloW to determine the certiffcation to which they are required to
attest. ApplicantS Should also review the instructions for certification included in the reef ulations befora completing this
form, Signature of thia tern) Provides lor compliance with certification requirements under 28 CFR Fart 69, 'New
ReStriGliGIIS on Lobbying" and 28 CFR Part 67, 'Government-wide Debarment and SuspenSion (Nonpro-COrement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The oerlifications shall be treated as- a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, Or cooperative agreement,
1. LOBBYING
As required by Section 1352, Title 31 of tho D.S. Code, arid
implemented at 28 CFR Part 8g, for persons entering into a
grant or cooperative agreement over S'100,000, as defined at
28 CFR Part 68, the applicant certifies that
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to Influence an officer or employee cif any
agency, a Member of Corr -e, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the erileri ng into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing of at-
temoling to iinfluonce an officer or employee of any agency, a
Member of Congress. an officer or employee.of Congress, or
an employee of a Member of Congress in connection with this
Federal grant Or cooperative agreement, the undersigned shall
complete and submit Standard Form • LLL., 'Disclosure of
Lobbying Activities." in accordance with its instructions;
(c) The undersigned shall require that the language of thib cer-
tification be included in ihe award documents for all subawards
stall tiers (including sulogrants, contracts under grants a rib
cooperative agreements, and subcontracts) arid that an sub-
recipi enti4 shall certify arid disclose accordingly.
2, DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILTIY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 1254, Debarment end
Suspension r and implemented at 2E1 CFR. Part 57, for prospoc-
five participants in primary covered trensaniions, as defined at
2B CFR Part 67, Section 67310-
A. The applicant certifies filet it and lie principals;
(8) Are not presently debarred, suspended, proposed for debar
ment, declared ineligible, sentenced to a denial of Federal
benefits by a Stale or Federal court, or voluntarily excluded
from covered transactions by any Federal department
Or 89e1rICy;
(1:1) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with olatainIng, attempting to obtain, or performing a
public (Federal, state. Or local) transaction Of COntrect under a
public transactfon; violation of Federal or State antitru 51 etetutee
or commission of embezzlement, theft, lagers!,
bribery, falsification or destruction of records, making false
statements, Or rePeivirt9 stolen property;
(o) Are not presently indicted for or otherwise criminally or
Civilly charged by a governmental entity (Federal, Stale, or
local) with commission of any of the offer1SaS enumerated in
paragraph (1)(n) of this certification: and
(d) Piave riot within a three-year period preceding this appfica-
tiun had one or more public transactions (Federal. State, or
local) kirminated.for causo or default; and
B. Where the applicant is enable to certify to any of the
etata m ores in this certification, he or she shall attach an
explanation to this application.
3, DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 11368, and
implemented at 26 CFR Part 67. Subpart F, for granle.ea, Sc
defined at 28 CFR Fart 67 Sections 67.615 arid 67.62P—
A, The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a sletement notifying employees that the
unlawful manufacture, disiributIon. dispensing, possession, or
use Of a controlled substance Is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for 004atiOn of such prOhlIaltiOn;
(b) Establishing an on-going drug-free awareness program to •
Inform employees about—
(1) The dangers of drug abu se in the workplace;
(2) The granlee's pcticy of maintaining a druo-free workplace;
(31 Any gniQlrable drug Counseling, rehabilitation, and employee
assista nee programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee io be engaged
in the performance of the grant be given a copy of the state.
i-nonl required by paragraph (a)-
(d) Notifying the employee In the statement required by para-
graph (2) that, as a condition of employment under the grant,
the employee will—
Hip FORM 4.176166 11-91} REPLACC S. CLIP FORMS h061i2, 406113 AND 405511 wroce ARE OUSOLETE,
1, Grantee Name and Address: Oakland County .
1200 N Telegraph.
Pontiac, MI 48341
(1) Abide by Ihe terms of the statement: and
(2) Notify the employer in writing of hit or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (rip) from an
employee or otherwise receiving ectual notice of such convic-tion.
Employers of convicted employees must provide notice, including
position title, to; Department of Justice, Office of
Justice Proarams, ATTN: Control Desk, 41.33 Indiana Avenue,
N.W., Washington, DC. 20551. Notice shall include the iffen-
tlitcation numbar(s) of each affected grant;
(t) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to a ny employee who is so convicted--
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended: or
(2) Requiring such employee to participate satisfactorily In a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, Stale, Of toDal health, law enforce-
ment, or other appropriate agency:
(g) Making a good faith effort to continue to maintain a drt.ig ,
free workplace through Implementation of paragraphs (a), (b),
ici, (d), (e), and (0-
B. The grantee may insert in the spate provided below the
site(s) for the performance I:14 work done in connection with
the specific g rant:
piece of Performance (Stre t address, city, county. Matt, zip
code)
Check if thee arc workplaces on file lhat are not ind entitled
here,
Section 67, 630 at U'le regulations provides that a grantee that
Is a State may elect to make dee certification in each Federal
fin-cal year. A copy of which shouid he included with each ap-
plication for Department of Justice funding, States and State
agencies may elect to use OJP Form 406117.
Check 0 it the State has elected to complete OP Form
4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the DILJ p-Free Workpiaoa Act of 1965, and
implemented at 26 CFR Part 67, Subpart F. for grantees; as
defined at 25 CFR Part 67: Sections 67_615 and c7520—
A. As 0 condition of the grant. I certify that I wilt not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion., or use of a controlled subslanoe in conducting arty
activity with the rani; and
EL It convicted of a criminal drug offense resulting from a
violation al:taming during the conduct of arty grant activity, I
will report the conviction, in writing, within 10 calendar days
of the Orley ictiea 101 Department of Justice, Office of -Justice
Programs, ATTN: Control Desk, 610 Seventh Street NW.,
Washington, DC 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certification 5.
2. Application _Number andior Project Name
CFDA 97.042 &rant # EMW-2012-EP-00033
FY 2012 Emergency Management Performance Grant
4, Typed Name and Title of Authorized Representative
Michael J. Gingell, Chairman
Oakland County Board of Commissioners
5. Signature
3. Grantee IRS/Vendor Number
38-6004875
6. Date
Gertenmanr Prritinrpr 011Ico: 1 5e6 Ali-0371e1C01
September 5, 2012 FISCAL NOTE (MSC. #12220)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY
DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2012 ACCEPTANCE
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 resolutions and finds:
1. Oakland County has been awarded grant funding by the State of Michigan in the
amount of $53,860 for the development and maintenance of an emergency
management program capable of protecting life, property and vital infrastructure in
times of disaster or emergency with a 50% grant match and source in the amount of
$53,860 for a total of $107,720 in funding for this program.
2. This is the 40th year of grant acceptance for this program. The County's portion of
the grant match is comprised of in-kind support from the salary of the Manager of
Homeland Security.
3. The FY 2012 total EMPG award funds a portion of salary and fringe benefits of the
Homeland Security Manager's salary and fringe benefits, (position #09864).
4. The funding period is October 1, 2011 through September 30, 2012.
5. No additional personnel are required.
6. Revenue and expenses from this agreement are included in the FY 2012 Budget.
No budget amendment is required.
FINANCE COMMITTEE
Finance Committee Vote:
Motion carried unanimously on a roll call vote with Taub absent
Resolution #12220 September 5, 2012
Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
1410/C1141$ • , ION
UTY COUNTY E)--,..,:CUTIVE
ACTING PUSSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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
September 5, 2012, 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 5th day of September, 2012.
E.,LLE e•LL12. (24.
Bill Bullard Jr., Oakland County
August 23, 2012
MISCELLANEOUS RESOLUTION # 1.2213
BY; Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY
OF ROYAL OAK 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's
Office to enter into contracts with local units of government for the purpose of providing Sheriff
patrol services; and
WHEREAS Miscellaneous Resolution #11242 adopted October 20, 2011, established the
standard law enforcement services overtime rates for the period 2012; and
WHEREAS the City of Royal Oak has requested that the Oakland County Sheriff provide patrol
services to the citizens of the City for special events within the City; and
WHEREAS the City of Royal Oak has requested that a contract for special events on an overtime
basis be authorized; and
WHEREAS the Sheriff has agreed to contract for this service with the City of Royal Oak; and
WHEREAS this contract has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached contract with the City of Royal Oak for special events on an overtime basis
at rates established by this Board.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to sign the agreement.
BE IT FURTHER RESOLVED that this contract will take effect on September 1, 2012.
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
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES
FOR THE CITY OF ROYAL OAK
This CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
(hereafter this "CONTRACT") is made and entered into between the CITY OF ROYAL OAK, a Michigan
Constitutional and Municipal Corporation, whose address is 211 Williams Street, Royal Oak, Michigan,
48068-0064 (hereafter the "CITY"); and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter
the "COUNTY"). In this CONTRACT, the COUNTY and/or the City may also be referred to as a "PARTY" or
the "PARTIES. 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
1200 North Telegraph Road, Bldg. 38 East, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this
CONTRACT, whenever the COUNTY and SHERIFF are intended to be referred to jointly, they will be
collectively referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.0."
INTRODUCTION:
A. Within the City there are numerous governmental, business, athletic, entertainment, social, and
educational enterprises which sponsor or host special functions and events (hereafter and as further
defined herein a "SPECIAL EVENT" or "SPECIAL EVENTS"). Such SPECIAL EVENTS often bring
large crowds and traffic congestion.
B. The City recognizes that it is responsible for providing police protection for persons and property
during all such SPECIAL EVENTS and for some SPECIAL EVENTS, the City anticipates that it may
not have sufficient City police resources to independently meet the CITY'S potential police protection
needs. In such circumstances, the City has, on occasion, requested the SHERIFF'S assistance in
meeting the CITY'S police protection needs.
The City acknowledges that, absent an agreement such as this, the SHERIFF has only limited
responsibility for law enforcement activities within the City and is not required to assign any specific
Number(s) or Rank(s) of DEPUTIES, as defined herein, to provide DEPUTY SERVICE(S); as
defined herein, for any SPECIAL EVENT held within the CITY.
D. The CITY, therefore, seeks a contract with the COUNTY, whereby, upon the CITY'S request, the
0.C.S.O. would, if otherwise able, provide AUXILIARY DEPUTY SERVICE(S), as defined herein, on
an overtime basis, to assist the City in meeting its police protection needs at various SPECIAL
EVENTS.
E. The COUNTY is willing to provide DEPUTY SERVICE(S) for AUXILIARY police protection pursuant
to the terms and conditions of this CONTRACT, provided that such AUXILIARY DEPUTY
SERVICE(S) 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 C.O.S.°. loss of operational efficiency or readiness;
and/or (c) result in the assumption of any additional liability or any increased financial burden by
Oakland County taxpayers.
NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and
acknowledgments contained in this CONTRACT and Attachment `A", SHERIFF'S DEPUTY HOURLY
OVERTIME COST RATE (hereafter "Attachment A") and Attachment "B", CITY OF ROYAL OAK REQUEST
FOR AUXILIARY 0.C.3.0. DEPUTY SERVICES (hereafter "Attachment B") which are both hereby
incorporated in and made part of this CONTRACT, it is mutually agreed as follows:
DEFINITIONS. In addition to the terms and expressions "CITY", "COUNTY", "PARTY", "PARTIES",
"SHERIFF", "OAKLAND COUNTY SHERIFF'S OFFICE", or "O.C.S.0.", "Attachment A", and
"Attachment B", which are defined in this CONTRACT, the parties agree that for all purposes, and as
used throughout this CONTRACT and Attachment A and Attachment B, the words and expressions
below are also defined terms under this CONTRACT. The parties also agree that whenever any
defined term or expression is printed in all uppercase characters, 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.
"DEPUTY SERVICES" 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 to be performed by any 0.C.S.O. DEPUTY.
1.2 "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and
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 0.0.8.0. 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.
1.3 "CITY AGENT(S)" shall be defined to include any and all City officers, elected officials,
appointed official, directors, board members, Commission members, authorities, authority
board members, boards, committees, commissions, employees, police officers, managers,
departments, divisions, volunteers, agents, and representatives of the CITY, 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 CITY.
CITY AGENT(S) as defined in this CONTRACT shall also include any person who was a
City 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.
1.4 "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.0.,
shall be defined to include the Undersheriff, Captain, Lieutenant, Sergeant, Deputy II, or
Deputy I who, pursuant to state law, is a sworn Deputy of the SHERIFF and Michigan Law
Enforcement Officers Training Council (M.L.E.O.T.C.) certified.
1.5 "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF MICHAEL J. BOUCHARD, and any and/or all other COUNTY elected and
appointed officials, commissioners, officers, boards, committees, commissions, departments,
divisions, 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 any time during the term of this CONTRACT but, for any reason, is no longer
employed, appointed, or elected in his/her previous capacity.
1.6 "SPECIAL EVENT" or "SPECIAL EVENTS" shall be defined as any and all planned sporting,
entertainment, governmental and/or social event, ceremony, activity, or function, taking
place within the City for which the City requests AUXILIARY DEPUTY SERVICES from the
0.C.S.O. during the term of this CONTRACT. SPECIAL EVENTS do not include any
1.1
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 2
recognized police emergency (i.e., riots, insurrections, mass lawlessness, etc.) which cannot
be adequately addressed by the combined police forces (including any 0.0.S.O.
DEPUTIES) already provided, pre-positioned, and on hand pursuant to this CONTRACT.
Any additional DEPUTIES dispatched by the 0.0.5.0., over and above any DEPUTIES
already pre-positioned and assigned in the City pursuant to the terms of this CONTRACT, to
respond specifically to any police emergency, such as described above, shall be provided by
the 0.C.S.O. at no additional cost to the CITY.
2 CITY REQUEST FOR DEPUTY SERVICES AT A SPECIAL EVENT. The CITY, upon
independently determining a need for DEPUTY SERVICES at a SPECIAL EVENT through its Mayor,
or his designated representative, shall request SHERIFF'S DEPUTY SERVICES from the SHERIFF,
or his designated representative, as follows:
The Mayor, or his designated representative, shall verbally communicate with the SHERIFF,
or his designated representative, to discuss:
2.1.1 Whether or not the SHERIFF, or his designated representative, anticipates he will be
able to assign any DEPUTIES to provide DEPUTY SERVICES at any SPECIAL
EVENT;
2.1.2 The appropriate Number(s) and Rank(s) of DEPUTIES, and Number of Hour(s) of
overtime requested by the City and whether in the SHERIFF'S, or his designated
representative's judgment and opinion, the requested compliment of DEPUTIES will
be able to provide adequate police protection at any SPECIAL EVENT;
2.1.3 The estimated "COUNTY COSTS", as defined herein, should the SHERIFF assign
DEPUTIES in the Number(s), Rank(s), and for the period of time the SHERIFF and
the Mayor, or their designated representatives, determine may be necessary to
provide adequate police protection at any SPECIAL EVENT.
2.2 If, after the above discussions, and subject to the terms of this CONTRACT, the Mayor and
the SHERIFF, or their designated representatives, are satisfied that providing AUXILIARY
DEPUTY SERVICES at any SPECIAL EVENT is possible and the estimated COUNTY
COSTS for such AUXILIARY DEPUTY SERVICES are acceptable to the CITY, then the
CITY, through its Mayor or his designated representative, shall execute and deliver to the
SHERIFF a completed copy of Attachment B.
3 CITY OF ROYAL OAK REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES (Attachment
Ell. The City agrees that, upon receipt of a signed and fully completed copy of Attachment B, CITY
OF ROYAL OAK REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES, for any SPECIAL
EVENT, that the SHERIFF on behalf of the COUNTY, may accept and undertake the provision of the
requested DEPUTY SERVICES by simply performing such acts as necessary to develop the
necessary schedules, budgets and plans, and/or notifying or assigning such DEPUTIES as
necessary to enable the 0.0.8.0. to provide the Number(s) and Rank(s) of DEPUTIES
contemplated at any SPECIAL EVENTS. No written acceptance of the City request, (i.e.,
Attachment B) from the 0.C,S.O. shall be required. The City agrees that any act or forbearance by
the 0.C.S.O, in response to or as a result of the receipt of Attachment B from the CITY, which results
in the COUNTY'S incurring any COUNTY COSTS, as defined in this CONTRACT, shall obligate the
City to pay the COUNTY for any such COUNTY COSTS incurred. The City further agrees that:
3.1 Any Attachment B, CITY OF ROYAL OAK REQUEST FOR AUXILIARY 0.C.S.O, DEPUTY
SERVICES signed and submitted by the Mayor, or his designated representative shall in all
regards be interpreted and governed by the terms and conditions of this CONTRACT.
3.2 The City shall provide the 0.C.S.O. with as much advance notice and a fully completed
Attachment B, CITY OF ROYAL OAK REQUEST FOR AUXILIARY C.O.S.°. DEPUTY
SERVICES, as soon as reasonably possible in advance of any SPECIAL EVENT at which
any DEPUTY SERVICES are anticipated.
?
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
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The CITY'S Mayor, or his designated representative, has full authority to submit A fully
completed copy of Attachment B for any SPECIAL EVENT and bind the City to the resulting
payment obligations to the COUNTY.
3.4 The C.O.S.°. may accept as true that any CITY AGENT(S) submitting an Attachment B to
the C.O.S.°. has been authorized by the City to submit same, and the City agrees to waive
any argument or defense based, in any way, upon any mistake or upon any CITY AGENT(S)
lack of proper authorization to either request 0.C.S.O. DEPUTY SERVICE or otherwise
obligate the City to pay for any resulting DEPUTY SERVICES.
3.5 The City may withdraw any Attachment B, CITY OF ROYAL OAK REQUEST FOR
AUXILIARY 0.C.S.O. DEPUTY SERVICES, previously submitted pursuant to this
CONTRACT at any time prior to any Start Time of any requested DEPUTY SERVICES
shown on any Attachment B for any SPECIAL EVENT by delivering written notice to the
SHERIFF or his designated representative either in person or as provided for in this
CONTRACT; however, the City shall remain obligated to reimburse the COUNTY for any
and all COUNTY COSTS (e.g., minimum overtime pay, minimum contract call-in or overtime
notice provisions, etc.) incurred by the COUNTY prior to the delivery of the written
withdrawal notice.
3.6 The 0.C.S.0. shall neither be expected nor obligated in any manner to plan or otherwise
make any arrangements to provide for any DEPUTY SERVICES for any SPECIAL EVENT
prior to its receipt of a fully completed copy of Attachment B, CITY OF ROYAL OAK
REQUEST FOR AUXILIARY C.O.S.°, DEPUTY SERVICES.
4 0.C.S.O. OBLIGATION TO PROVIDE DEPUTY SERVICES. Subject to the terms of this
CONTRACT, upon receipt of a fully executed Attachment B, CITY OF ROYAL OAK REQUEST FOR
AUXILIARY C.O.S.°. DEPUTY SERVICES for a SPECIAL EVENT, the SHERIFF shall assign, on
an overtime basis, DEPUTIES in such Number(s) and Rank(s) as the SHERIFF and the CITY'S
Mayor, or his designated representative, may have agreed and as shown in any Attachment B or
shall notify the City Mayor, or his designated representative, that the 0.C.S.O. will be unable to
favorably respond to the CITY'S request for DEPUTY SERVICES.
4.1 In the event the SHERIFF is unable to provide any or all DEPUTIES SERVICES requested
in any Attachment B at any SPECIAL EVENT, he, or his designated agent, shall verbally
communicate that fact to the CITY'S Mayor, or his designated representative, as soon as
such fact becomes reasonably known to him.
4.2 The City acknowledges and agrees that there may be circumstances beyond the SHERIFF'S
control when the SHERIFF, in his sole discretion and judgment as to the prioritization of his
law enforcement resources and DEPUTIES, his overall evaluation of Oakland County's
immediate law enforcement needs, and his sole determination as to the allocation of
C.O.S.°. law enforcement personnel at that time to best serve the citizens of Oakland
County, may be unable to assign, and/or if already assigned, remove at any time, with or
without replacement, any or all of the DEPUTIES contemplated to provide DEPUTY
SERVICES for any SPECIAL EVENT. The CITY acknowledges and agrees that this
CONTRACT does not, and is not intended to, create either any absolute right in favor of the
CITY or any corresponding absolute duty or obligation upon the SHERIFF or the C.O.S.°. to
guarantee that any specific Number(s) or Rank(s) of DEPUTIES will be present to provide
DEPUTY SERVICES at a SPECIAL EVENT, but only that the SHERIFF shall make every
reasonable effort, subject to the above conditions, to provide adequate DEPUTY SERVICES
at any SPECIAL EVENT. The CITY hereby acknowledges, based upon its prior experience
working with the C.O.S.°. in similar circumstances, that the 0.C.S.O.'s good faith and
reasonable efforts to cooperate with the CITY in providing DEPUTY SERVICES in these
regards is sufficient and adequate consideration upon which to warrant and bind the City to
the terms of this CONTRACT.
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
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5 CITY PAYMENT FOR DEPUTY SERVICES. The CITY agrees to pay to the COUNTY any and all
COUNTY COSTS for any DEPUTY SERVICES at any SPECIAL EVENT. "COUNTY COSTS" shall
be defined and calculated as follows:
5.1 For each and every DEPUTY who renders any DEPUTY SERVICES at any SPECIAL
EVENT pursuant to an Attachment B submitted by the CITY, the CITY shall pay to the
COUNTY an amount equal to: the total number of "HOUR(S) OF DEPUTY SERVICES", as
described below, including any part of any Hour, for any and all DEPUTY SERVICES
rendered by each individual DEPUTY, multiplied by the Hourly Overtime Cost Rate, as
shown in Attachment A, for the year in which such DEPUTY SERVICES were rendered, for
each such DEPUTY'S corresponding Rank shown in Attachment A.
5.2 The COUNTY shall total the COUNTY COSTS for all DEPUTIES providing DEPUTY
SERVICES at any SPECIAL EVENT and prepare and send to the CITY such invoice(s)
setting forth the amount due for each DEPUTY'S SERVICES rendered. The CITY agrees to
pay to the COUNTY the full amount due and owing on any invoice(s) within 45 days of the
invoice date.
5.3 Except as otherwise expressly provided for in this CONTRACT, any DEPUTY providing
DEPUTY SERVICES at any SPECIAL EVENT shall work, during those "HOUR(S) OF
DEPUTY SERVICES" for which the CITY is being charged, only on SPECIAL EVENT
related matters. The CITY agrees, however, that whenever any DEPUTY assigned to
provide DEPUTY SERVICES under this CONTRACT is not directly present at any SPECIAL
EVENT due to any of the reasons described in the following subsections, such periods of
time shall be included in and counted toward the "HOUR(S) OF DEPUTY SERVICES"
provided under the terms of this CONTRACT:
5.3.1 Any appearance in any Court or any meeting with any other law enforcement
agency in connection with any prosecution or Court appearance related to or
resulting from any DEPUTY SERVICES at any SPECIAL EVENT,
5.3.2. Any performance of any DEPUTY SERVICES for the CITY at any SPECIAL EVENT
which takes any DEPUTY away from any SPECIAL EVENT;
5.3.3. Any time expended transporting any person arrested by any DEPUTY during the
course of providing DEPUTY SERVICES at any SPECIAL EVENT 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);
5.3.4 Any minimum call-in or overtime hour(s) guaranteed to DEPUTIES under any
applicable union or employment contract; and/or
5.3.5 Any performance of any DEPUTY SERVICES related duty or obligation which takes
any DEPUTY away from any SPECIAL EVENT but which begins or arises while any
DEPUTY is providing DEPUTY SERVICES at any SPECIAL EVENT (i.e., hot
pursuit, transporting a person for medical attention, an automobile accident
occurring on any public road, etc.).
5.4 The CITY shall pay such amounts as shown on any 0.C.S.0. invoice by a check drawn on a
CITY account which shall be made payable to the County of Oakland and delivered to the
attention of: Mr. Andy Meisner, Oakland County Treasurer, 1200 N. Telegraph Road,
Pontiac, MI 48341-0479 (or such other person as the County may from time to time
designate in writing). Each such payment shall clearly identify that it is a payment for
DEPUTY SERVICES made pursuant to this CONTRACT.
5.5 The CITY agrees that any and all of its payment obligations as set forth in this CONTRACT
shall be absolute and unconditional in all events and shall not be subject to any set off,
defense, counterclaim, or recoupment for any reason whatsoever. if the CITY fails, for any
reason, to pay the COUNTY any monies when and as due under this CONTRACT, the CITY
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
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agrees that unless expressly prohibited by law, the COUNTY or the County Treasurer, at
their sole option, shall be entitled to setoff from any other CITY funds that are in the
COUNTY'S possession for any reason, Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the COUNTY shall be
deemed a voluntary assignment of the amount by the CITY to the COUNTY. The CITY
waives any CLAIMS against the COUNTY or its Officials for any acts related specifically to
the COUNTY'S offsetting or retaining such amounts. This paragraph shall not limit the
CITY'S legal right to dispute whether the underlying amount retained by the COUNTY was
actually due and owing under this CONTRACT. If the COUNTY chooses not to exercise its
right to setoff or if any setoff is insufficient to fully pay the COUNTY any amounts due and
owing the COUNTY under this CONTRACT, the COUNTY shall have the right to charge up
to the then-maximum legal interest on any unpaid amount. Interest charges shall be in
addition to any other amounts due to the COUNTY under this CONTRACT. Interest charges
shall be calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid. Nothing in this Section shall
operate to limit the COUNTY'S right to pursue or exercise any other legal rights or remedies
under this CONTRACT against the CITY to secure reimbursement of amounts due the
COUNTY under this CONTRACT. The remedies in this Section shall be available to the
COUNTY on an ongoing and successive basis if the CITY at any time becomes delinquent in
its payment. Notwithstanding any other term and condition in this CONTRACT, if the
COUNTY pursues any legal action in any court to secure its payment under this
CONTRACT, the CITY agrees to pay all costs and expenses, including attorney's fees and
court costs, incurred by the COUNTY in the collection of any amount owed by the CITY.
5.6 The CITY acknowledges that the same practical and financial restrictions which limit CITY
police resources also limit the ability of the SHERIFF to assign DEPUTIES to DEPUTY
SERVICES for SPECIAL EVENT as part of their normal job duties. The CITY further
recognizes that because many of the DEPUTIES normal work assignments (i.e., prisoner
pickups, jail activity, court appearances, court support functions, etc.) do not conflict with
most scheduled SPECIAL EVENTS, the SHERIFF should, in most instances, be able to
provide AUXILIARY DEPUTY SERVICES at SPECIAL EVENTS, on an overtime basis only,
without unduly interfering with a DEPUTY'S normal C.O.S.°. work assignment.
5.7 The CITY agrees that it has, to its satisfaction, examined the 0.C.S.O.'s wage and cost
structures and agrees to the Hourly Overtime Cost Rate, shown in Attachment A. The CITY
will pay the COUNTY for DEPUTY'S SERVICES under the terms of this CONTRACT, and
furthermore this CONTRACT is not intended to result in any net financial gain or profit for the
COUNTY. The CITY agrees that the Hourly Overtime Cost Rate only guarantees that the
0.C.S.O. is fully reimbursed for any and all salary costs, including the necessary overtime
premiums and a prorated factor in recognition of the average DEPUTY fringe benefit,
equipment, and supply costs incurred by the C.O.S.°. for equipment, automobile expenses,
supplies, and other related expenses that the COUNTY will incur for, or on behalf of its
DEPUTIES in order to provide AUXILIARY DEPUTY SERVICES at any SPECIAL EVENT.
5.8 The 0.0.5.0. agrees that, upon request, any 0.C.S.O. payroll policies, payroll or attendance
records, procedures, employment contracts, equipment cost structures, etc., applicable to
the determination of any COUNTY COSTS to be reimbursed and paid to the COUNTY by
the CITY pursuant to this CONTRACT shall be made available by appointment by the
0.C.S.O. for inspection by the CITY.
6 ASSURANCES AND CERTIFICATIONS.
6.1 The 0.C.S.O. and the CITY agree and acknowledge that the sole and exclusive purpose of
this CONTRACT is to provide governmental law enforcement and DEPUTY SERVICES.
The C.O.S.°. and the CITY agree and acknowledge that the DEPUTY SERVICES activities
provided for under the terms of this CONTRACT are strictly limited to those governmental
law enforcement functions authorized by law.
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
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6.2 The CITY represents and warrants that it has reviewed all of its current or proposed
agreements and/or contracts with any and all persons who are or may become contractually
involved with the CITY, and hereby represents and warrants that the CITY does not have,
and will not any time during the term of this CONTRACT have, any other contractual
agreement that will in any manner restrict, interfere with, or prohibit the CITY, any CITY
AGENT(S), or any other person from complying with the CITY'S obligations and duties as
set forth in this CONTRACT and/or the 0.C.S.O.'s provision of DEPUTY SERVICES as set
forth herein.
6.3 The CITY agrees that no CITY AGENT(S), 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 CITY agrees that it shall be solely and
completely liable for any and all CITY 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 CITY AGENT(S) employment status or any alleged
violation of any CITY AGENT(S) statutory, contractual, or constitutional rights by the CITY,
the COUNTY or any COUNTY AGENT(S). The CITY 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 CITY AGENT(S) which are based upon, result from, or
arise from, or are in any way related to any CITY AGENT(S) wages, compensation, benefits,
or other employment-related rights, including, but not limited to, those described in this
section.
6.4 The CITY agrees that this CONTRACT does not, and is not intended to, include any
C.O.S.°. warranty, promise, or guaranty, either express or implied, of any kind or nature
whatsoever, in favor of the CITY, any CITY AGENT(S), or any person attending any
SPECIAL EVENT, that any DEPUTY SERVICES provided by the C.O.S.°. under the terms
and conditions of this CONTRACT will result in any specific reduction or prevention of any
criminal activity at any SPECIAL EVENT, or any other such performance-based outcomes,
but only that the SHERIFF will make every reasonable effort to provide professional
DEPUTY SERVICES at any SPECIAL EVENT in accordance with generally accepted
standards for DEPUTY SERVICES with the number and ranks of DEPUTIES requested by
the CITY.
7 RESERVATION OF RIGHTS.
7.1 The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to
the provision of any and all police and/or governmental law enforcement services, and this
CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or
contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or
any DEPUTY. The CITY 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 its CITY governmental functions, obligations and responsibilities.
7.2 The CITY agrees that this 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 which is not expressly within the definition of
DEPUTY SERVICES under the terms of this CONTRACT and which is not under the sole
and exclusive control and direction of the C.O.S.°.
8 0.C.S.O. INDEPENDENT CONTRACTOR STATUS. The CITY and the C.O.S.°. agree that neither
the COUNTY, any COUNTY AG ENT(S), nor any DEPUTY, by virtue of this CONTRACT or
otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner,
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 7
joint venture, representative, or agent of the CITY and/or any CITY AGENT(S), and further agree
that, at all times and for all purposes under the terms of this CONTRACT, the 0.C.S.O., any and all
COUNTY AGENT(S) and/or DEPUTIES' relationship to the CITY shall be that of an Independent
Contractor and shall be controlled and governed by the terms of this CONTRACT.
8.1 The PARTIES agrees 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
C.O.S.°. 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.
8.2 The PARTIES agrees 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.
8.3 Except as otherwise provided herein, the CITY 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 CITY to reimburse the COUNTY for its costs pursuant to this CONTRACT
shall not be deemed consideration paid by the CITY to any DEPUTY.
8.4 Under the terms of this CONTRACT, the CITY agrees and promises that no DEPUTY shall
be asked or required to perform any services directly for the CITY or otherwise be available
to perform any other work or assignments from the CITY or be expected to perform any acts
other than governmental law enforcement functions DEPUTY SERVICES, and that no
DEPUTY shall be employed, in any manner or capacity, by the CITY.
8.5 The CITY agrees that neither the CITY nor any CITY 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,
or train, any DEPUTY in the performance of any C.O.S.°. duty or obligation to provide
DEPUTY SERVICES under the terms of this CONTRACT.
8.6 The PARTIES 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:
8.6.1 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;
8.6.2 Any applicable C.O.S.°. employment and/or union contract(s);
8.6.3 Any level(s) or amount(s) of DEPUTY supervision, standard(s) of performance,
training and education standard(s); and/or
8.6,4 Any C.O.S.°, rules, regulations, hours of work, shift assignments, orders, policies,
procedures, directives, ethical guidelines, etc., which shall, solely and exclusively,
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 8
govern and control the employment relationship between the 0.C.S.O. and/or all
conduct and actions of all DEPUTIES,
8.7 The PARTIES agree that this CONTRACT does not, and is not intended to, limit, modify,
control, or otherwise affect in any manner the complete and unilateral discretion of the
SHERIFF to either continue or revoke the deputization of any DEPUTY who in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be an 0.C.S.O.
DEPUTY.
8.8 The PARTIES agrees 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 CITY further agrees that this CONTRACT
does not obligate or require the SHERIFF or the C.O.S.°. to change, alter, modify, use, or
develop any different or special DEPUTY SERVICES policies, practices or procedures under
this CONTRACT, except that the SHERIFF shall coordinate DEPUTY SERVICES of his
DEPUTIES with other participating governmental law enforcement agencies in providing
comprehensive DEPUTY SERVICES for the purposes of this CONTRACT.
8.9 The PARTIES 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,
cornpensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
furlough, discharge any 0.0.5.0. DEPUTY, and/or pay any and all C.O.S.°. 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 OFFICE.
9, LIABILITY
9.1 Each PARTY shall be responsible for any CLAIMS made against that Party and for
the acts of its Employees or AGENTS.
9.2 In any CLAIMS that may arise from the performance of this CONTRACT, each
PARTY shall seek its own lapl representation and le,aer the costs r,.r•iated with such
representation, including attorney fees.
9.3 Except as otherwise provided in this CONTRACT, neither PARTY shall have any
right under any legal principle to be indemnified by the other PARTY or any of its employees
or agents in connection with any CLAIM.
9.4 This CONTRACT does not, and is not intended to, impair, divest, delegate or
contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty, or immunity of the PARTIES. Nothing in this CONTRACT shall be construed as a
waiver of governmental immunity for either PARTY.
10 GENERAL CONTRACT PROVISIONS.
10.1 NO THIRD-PARTY BENEFICIARIES. The CITY 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.O.'s DEPUTY SERVICES or
governmental law enforcement protection in favor or for the benefit of any particular
person(s) 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 CITY agrees that
at all times, and for any and all purposes under this CONTRACT, the C.O.S.°. and/or any
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
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DEPUTY present at any SPECIAL EVENT shall be present strictly and solely to perform
DEPUTY SERVICES and governmental law enforcement functions as authorized by law to
and for the benefit of the general public and under no circumstances shall the C.O.S.°.
and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf
of the CITY or provide any particular, direct, or specific service or benefit to or for the CITY,
any CITY AGENT(S), or any patron or other person attending any SPECIAL EVENT.
10.2 NO DELEGATION OR ASSIGNMENT OF THIS CONTRACT. The CITY 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 SERVICES or duties under this CONTRACT to any other
person and/or public or private corporation, entity, or organization of any kind.
10.3 NOTICE OF ANY CLAIM(S). The CITY agrees that it shall promptly deliver to the C.O.S.°.
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 CITY becomes aware of which involves in any way the C.O.S.°. or any
DEPUTY. The CITY agrees to cooperate with the 0.C.S.O. in any investigation conducted
by the C.O.S.°. into any act(s) or work performance of any DEPUTY.
10.4 TERM, EFFECTIVE DATE AND CANCELLATION.
10.4.1 Subject to the following subsection, and unless canceled as provided for in this
section, this CONTRACT shall become effective on June 1,2012 and shall remain in
effect continuously until it expires, without any further act or notice being required of
any PARTY, at 11:59 P.M. on December 31, 2012. Either the COUNTY, the
SHERIFF, or the CITY may cancel this CONTRACT, for any reason, including the
convenience of any PARTY, and without any penalty, before its December 31, 2012,
expiration by delivering a written notice of the cancellation of this CONTRACT to the
other signatories to this CONTRACT, or their successors in office. Such written
notice shall provide at least a thirty (30) calendar day notice of the effective date of
cancellation, and such cancellation of this CONTRACT shall be effective at 11:59
P.M. on last calendar day of the calendar month following the expiration of the 30
calendar day notice period.
10.4.2 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 CITY Commission. The approval and terms of this
CONTRACT shall be entered in the official minutes and proceedings of the
COUNTY Board of Commissioners and CITY Commission and shall also be filed
with the office of the Clerk for the COUNTY and the CITY. In addition, this
CONTRACT, and any subsequent amendments, shall be filed with the Secretary of
State for the State of Michigan by the COUNTY and shall not become effective or
implemented prior to its filing with the Secretary of State.
10.5 NOTICES. Any signatory or any signatories' successor in office to this CONTRACT shall
send, by first class mail, or alternatively may deliver in person, any correspondence and
written notices required or permitted by this CONTRACT to each of the signatories of this
CONTRACT, or any signatories' successor in office, to the addresses shown in this
CONTRACT. Any written notice required or permitted under this CONTRACT 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 or delivered to such persons office during normal
working hours.
10.6 APPLICABLE LAW. This CONTRACT is made and entered into in 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
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 10
or non-possessive shall be deemed to include the other whenever the context so suggests
or requires.
10.7 NO IMPLIED WAIVERS. 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 or privilege.
10.8 SUCCESSORS AND ASSIGNS BOUND. The COUNTY, the SHERIFF, and the CITY
acknowledge that this 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.
10.9 EFFECT OF CANCELLATION OR TERMINATION. The CITY agrees that any and all CITY
obligations, including, but not limited to, any and all indemnification and hold harmless
promises, insurance coverage(s), waivers of liability, liabilities, any CITY payment
obligations to the COUNTY, and/or any other related obligations provided for in this
CONTRACT with regard to any acts, occurrences, events, transactions, or CLAIM(S) either
occurring or having their basis in any events or transactions that occurred before the
cancellation or completion of this CONTRACT, shall survive the cancellation or completion of
this CONTRACT. The expiration, cancellation, or termination of this CONTRACT shall be
without prejudice to any rights or claims of either PARTY against the other and shall not
relieve either PARTY of any obligations that, by their nature, survive expiration or termination
of this CONTRACT.
10.10CAPT IONS. The section or paragraph numbers, headings, and captions contained in this
CONTRACT are intended for the convenience of the reader and not intended to have any
substantive meaning and/or be interpreted as part of the CONTRACT.
10.11ENT IRE AGREEMENT BETWEEN THE PARTIES. This CONTRACT, consisting of a total
of sixteen (14) pages, including Attachment A, and Attachment B, which are incorporated
herein, sets forth the entire agreement for DEPUTY SERVICES at any SPECIAL EVENT
between the C.O.S.°. and the CITY 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.O. and the CITY 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 Oakland
County Board of Commissioners and the City Board for the City of ROYAL OAK.
11 CONCLUSION. For and in consideration of the mutual promises, acknowledgments,
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 CITY and the
COUNTY hereby agree and promise to be bound by the terms and provisions of this CONTRACT.
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 11
IN WITNESS WHEREOF, James B. Ellison, Mayor for the City of ROYAL OAK, hereby acknowledges that
he has been authorized by a resolution of the City Commission to execute this CONTRACT on behalf of the
City and hereby accepts and binds the City of ROYAL OAK to the terms and conditions of this CONTRACT
on this day of , 2012.
WITNESSES: City of ROYAL OAK,
a Michigan Municipal Corporation
BY:
JAMES B. ELLISON,
Mayor
BY:
MELANIE HALAS,
City Clerk
IN WITNESS WHEREOF, MICHAEL J. GINGELL., 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 OF OAKLAND to the terms and conditions of the
CONTRACT on this day of , 2012.
WITNESS: COUNTY OF OAKLAND, a Michigan Municipal
Corporation
BY:
MICHAEL J. GINGELL,
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUC HARD, in his official capacity as the Oakland County Sheriff, a
Michigan Constitutional Officer, hereby concurs and accepts the terms and conditions of this CONTRACT on
this day of , 2012.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 12
ATTACHMENT A
SHERIFF'S DEPUTY HOURLY OVERTIME COST RATE
SHERIFFS DEPUTY Hourly
RANK Overtime
(job classification) Cost Rate
2012
Lieutenant $87.89
Sergeant $79.90
Deputy II $65.38
Deputy I $51.69
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
Page 13
ATTACHMENT B
CITY OF ROYAL OAK REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES
TO: MICHAEL J. BOUC HARD, Oakland County Sheriff
OAKLAND COUNTY SHERIFFS OFFICE
1200 N. Telegraph Road, Bldg. 38 East
ROYAL OAK, MI 48341-1044
Phone: (248)858-5001; Fax: (248)858-1806
FROM: JAMES B. ELLISON, Mayor (or designated representative)
City of ROYAL OAK
211 VVilliams Street
Royal Oak, MI 48068 -0064
Phone: (248) 246-3000; FAX (248) 246-3001
The CITY, pursuant to the CONTRACT FOR AUXILIARY SHERIFFS DEPUTY SERVICES FOR THE CITY OF
ROYAL OAK between the CITY and the COUNTY OF OAKLAND, the terms of which are hereby incorporated
into and made part of this Request, requests that the SHERIFF provide the Numbers and Ranks of SHERIFF'S
DEPUTIES for the periods of time indicated below, to provide AUXILIARY DEPUTY SERVICES for the following
SPECIAL EVENT:
SPECIAL EVENT DESCRIPTION:
DATE OF SPECIAL EVENT:
DURATION OF REQUESTED DEPUTY SERVICES: Start
NUMBER(s) and RANK(s) of SHERIFF'S DEPUTIES requested to provide DEPUTY SERVICES at the above
SPECIAL EVENT:
Number(s) of SHERIFF'S Rank(s) of SHERIFF'S
DEPUTIES Requested DEPUTIES Requested
The undersigned hereby acknowledges and affirms that he or she has been authorized by the City of ROYAL
OAK to initiate this request for CITY OF ROYAL OAK REQUEST FOR AUXILIARY 0.0.5.0. DEPUTY
SERVICES and bind the CITY to reimburse the COUNTY OF OAKLAND for any COUNTY COSTS incurred in
response to preparing to or assigning the above Number(s) and Rank(s) of SHERIFF'S DEPUTIES to provide
DEPUTY SERVICES at the above SPECIAL EVENT.
Date:
James B. Ellison, Mayor
(or designated representative)
2012 CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ROYAL OAK
End
Page 14
Resolution #12213 August 23, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
September 5, 2012
FISCAL NOTE (MISC. #12213)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF
ROYAL OAK 2012
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The City of Royal Oak has requested that the Oakland County Sheriff provide patrol
services for special events within the City.
2. Miscellaneous Resolution #11242 authorized the established law enforcement overtime
rates for calendar year 2012; the rates stated in this agreement are consistent with the
rates established by this resolution.
3. This contract will take effect on September 1, 2012.
4. Special event deputy services in the City of Royal Oak will be performed on an overtime
basis and does not require the addition of any new personnel; and no purchase of new
capital assets is required.
5. Sufficient funding is currently budgeted in the FY 2012 revenue and expense budget for
these services and no budget amendment is needed.
FINANCE COMMITTEE
Finance Committee Vote:
:vlotion carried unanimously on a roll call vote with Taub absent
Resolution #12213 September 5, 2012
Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY' COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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
September 5, 2012, 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 5 th day of September, 2012.
e cy4
Bill Bullard Jr., Oakland County