HomeMy WebLinkAboutResolutions - 2013.07.17 - 20908MISCELLANEOUS RESOLUTION # 13166
June 13, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE
MICHIGAN RENAISSANCE FESTIVAL - 2013 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same
name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for
Law Enforcement Services for the upcoming 2013 season; and
WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly
basis, the number of man-hours to be determined by the Sheriff's Office; and
WHEREAS this contract has been reviewed by Corporation Counsel; and
WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance
Festival at the hourly overtime rates for the 2013 season, as was established by Miscellaneous
Resolution #12266.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
execution of the attached contract consistent with provisions contained therein.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson to execute and enter into this agreement on behalf of the County.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL
This CONTRACT FOR POLICE PROTECTION (hereafter the "CONTRACT") is made and entered
into between the MICHIGAN RENAISSANCE FESTIVAL, a Corporation, registered and licensed to conduct
business in State of Michigan, whose local address is 12600 Dixie Highway, Holly, Michigan, 48442 (hereafter
the "COMPANY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), The
COUNTY is also represented 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 E.
Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this CONTRACT, when the COUNTY and SHERIFF
are referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S
OFFICE" or, as abbreviated, the "O.C.S.0.".
INTRODUCTORY STATEMENTS
A. The COMPANY has approached the C.O.S.°. about the possibility of supplementing limited,
local police resources with 0.C.S.0. "DEPUTIES" (as defined in Attachment A) to provide POLICE
PROTECTION;
B. The COMPANY, has a series of one day events open to the general public and held annually
on approximately fourteen (14) acres iocated at 12500 Dixie Highway, Holly, Michigan 48442. The COMPANY
includes numerous performances, performers in period costumes, concerts, demonstrations, shows.
ceremonies, and concessions featuring both eateries and drinking booths, and other activities in an effort to
recreate the atmosphere of an old European village during the Renaissance era;
C. This year the EVE-NT will be open to the public on August 17, 18, 24, 25, 31 and September 1,
2,7, 8, 14, 15, 21, 22, 28, and 29, 2013 (hereafter the 'EVENT DATE(S)");
D. The COMPANY, in recognition of the expense to the 0.0.5.0, in providin increased POLICE
PROTECTION at the EVENT, has agreed to pay all COUNTY costs incurred in provi no DEPUTIES for
increased POLICE PROTECTION- at the EVENT.
E. The 0.C.S.O. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION
pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services
do not; (a) impair or interfere with the 0.C.S.O.'s ability to meet its other law enforcement responsibilities; (b)
result in any 0.C.S.0. loss of operational efficiency or readiness; and/or (c) result in any increased financial
burdens or the assumption of any additional liabilities to County taxpayers.
THEREFORE, in consideration of these premises (and those contained in the ADDITIONAL
ACKNOWLEDGEMENTS, Attachment B), and the promises, agreements, representations, and
acknowledgments contained in this CONTRACT and all of the Attachments hereto, it is mutually agreed as
foliows.
1. The COMPANY, before initiating any contact with the 0.C.S.0., shall consult with the local law
enforcement department regarding its ability to provide sufficient law enforcement personnel to meet the
anticipated POLICE PROTECTION and law enforcement needs at the EVENT and whether supplemental
POLICE PROTECTION services from the 0.0.5.0. for the EVENT are desirable and/or necessary.
2. The 0.C.S.O., subject to the terms of this CONTRACT, shall assign (6) DEPUTES in the Niumber(s)
and Rank(s) shown below for 2 shifts (representing a total of 12 DEPUTIES each day) to provide POLICE
PROTECTION services at the EVENT on each of this year's EVENT DATE(S):
CONTRACT FOR POLICE PROTECTION
MICHIGAN RENAISSANCE FESTIVAL
Number(s)
a_n4ti
Hourly Overtime Rate (1 )
SERGEANT
$77,22 (5 )
DEPUTY II
$64.90
3. The COMPANY agrees to pay the COUNTY for each individual DEPUTY scheduled to provide
POLICE PROTECTION services at the EVENT pursuant to this CONTRACT an amount equal to the total number of work Hour(s), including any part of any Hour(s), of POLICE PROTECTION services to be rend
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d
by each individual DEPUTY, multiplied by the Hourly Overtime Rate (shown above) for each DEPUTY's Rank. DEPUTIES shall be provided in accordance with the following schedule for each EVENT date spe
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paragraph C above:
First Shift: Second Shift:
(1) SERGEANT:
0900-1500 hours 1500-2100 hours (3) DEPUTY II:
1000-1500 hours 1500-2000 hours (1) DEPUTY II:
1100-1500 hours 1500-2000 hours (1) DEPUTY Ii:
1100-1500 hours 1500-2100 hours
The PARTIES estimate that the total cost of POLICE PROTECTION, when provided in accordance
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schedule, will be $59,654.16. The PARTIES agree that the amount of $59,654.16 is an estimate only and th
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actual costs for the provision of POLICE PROTECTION could be more or less.
The COMPANY will make payments to the COUNTY according to the following schedule:
August 14, 2013
August 21, 2013
August 28, 2013
September 4, 2013
September 11,2013
September 18, 2013
September 25, 2013
$ 7,953.88
$ 7,953.88
$11,930.82
7,953.88
8 7,953.88
.$ 7,953.88
$ 7,953.88
If the COMPANY fails to make payments by the dates specified above, the 0.-C,.S.O. will have
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obligation to provide POLICE PROTECTION under the terms of this Agreement. If the cost of provi
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POLICE PROTECTION exceeds $59,654.16 the COUNTY will submit -an invoice to the COMPANY which sets forth the amount due for each DEPUTY'S service rendered through the end of the EVENT and the COMP
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agrees to pay the COUNTY the full amount due and owing on any such invoices within thirty (30) days of the
invoice date. Alternatively, if the total cost of providing POLICE PROTECTION is less than $59,654.
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COUNTY will refund the difference to the COMPANY vvithin - thirty (30) days of the last scheduled EVENT date.
4. For purposes of computing the above POLICE PROTECTION costs, the total hours worked by any
DEPUTY shall include not only all estimated hours worked in providing direct POLICE PROTECTI
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EVENT, but shall also include any time spent in the following activities: (a) Travel time, on a daily basis, to or
from the SHERIFF'S DEPARTMENT, in Pontiac, Michigan, at the beginning or end of any shift
b
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SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY shit starts of ends in Pontiac (b) any time expen
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transporting any person arrested by any DEPUTY durino the course of providing POLICE PROT
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the EVENTto the Oakland County Jail, in Pontiac, Michigan, including any reasonable length of time spe
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the Oakland County Jail by any DEPUTY while booking such person(s); (c) any minimum call-in or overt
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hours guaranteed to DEPUTIES under any applicable union OF employment contract, and/or (d) the Performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY aw
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EVENT but which began or arose while any DEPUTY was providing POLICE PROTECTION at the
EVENT (i.e. hot pursuit, transporting a person for medical attention, an automobile accident occurring on the publi
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road immediately outside EVENT grounds, etc.).
5. The 0.C.S,O. agrees that upon request any 0.C.S.O. payroll policies, payroll or attendance records,
procedures, employment contracts, etc., applicable to the determination of the total costs to be raid to th
e
07.25.11 2
CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL
COUNTY by the COMPANY pursuant to this CONTRACT, shall be made available by appointment by the
0.C.S.O. for inspection by the COMPANY.
6. In addition to the scheduled DEPUTIES to be provided at the EVENT, and subject to the SHERIFF's
sole discretion and judgment as to the County-wide prioritization of his law enforcement resources and law
enforcement needs, the COMPANY may request additional POLICE PROTECTION services for the EVENT
during the term of this CONTRACT. The SHERIFF, subject to the terms of this CONTRACT, may provide any
or all such additional requested DEPUTIES at the above applicable Hourly Overtime Rate for the Rank(s) of
each such additional DEPUTY provided.
7. The COMPANY 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, his overall evaluation of Oakland County's immediate law enforcement heeds, and his
determination as to the allocation of 0.O.S,0. law enforcement personnel at that time to best serve the
citizens of Oakland County, the SHERIFF andIcr the 0.0.5.0. may be unable to assign any or at of the
DEPUTIES contemplated to provide POLICE PROTECTION on any particular EVENT Date(S) during the term of this CONTRACT. The COMPANY acknowledges and agrees that this CONTRACT, does not, and is
not intended to, 'create either any absolute right in favor of the COMPANY, or any corresponding absolute duty
or obligation upon the SHERIFF or the 0.C,S.O., to guarantee that any specific Number(s) or Rank(s) of
DEPUTIES will be present to provide POLICE PROTECTION services. The COMPANY acknowledges and
agrees that the 0.C.S.O.'s good faith and reasonable efforts to cooperate with the COMPANY in providing
POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the
Number(s) and Rank(s) of DEPUTIES contemplated at the anticipated EVENT DATE(S) and the promised
professionalism of the C.O.S.°. in these regards, as demonstrated throughout previous similar agreements,
are appropriate and adequate consideration to justify the COMPANY'S decision to enter into this CONTRACT,
The COMPANY hereby agrees to waive any and all CLAIM(S) against the SHERIFF or the C.O.S.°. Mien
arise in connection yvith, or as a result of any alleged C.O.S.:A?. failure to provide adequate POLE=
PROTECTION services at the EVENT.
8. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES
necessary to supplement the existing available local POLICE PROTECTION on any particular EVENT
Date(S), he shall verbally communicate that fact to the COMPANY as soon as such fact becomes reasonably
known to him.
9, 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.
10, The COMPANY and the 0.0.3.0, agree that neither the C.O.S.°. nor any DEPUTY, by virtue cif this
CONTRACT, or otherwise, shall be considered or asserted to be an employee, contractor, sub-contractor,
partner, joint venturer, representative, or agent of the COMPANY, and further agree that, at all times and for
all purposes under the terms of this CONTRACT, the 0.C.S.O.'s and all DEPUTIES relationship to the
COMPANY (Independent Status), shall be controliect and governed by the terms of this OC.)NTRACT zilnd
Attachment 0, 0.0.5.0.
The COMPANY agrees that this CONTRACT does not, and is not intended to, create, by implication
or otherwise. any specific, direct or indirect obligation, duty, promisee, benefit, and/or special richt to any
POLICE PROTECTION services or governmental law enforcement protection in favor of the COMPANY, any
COMPANY AGENT(S), and/or any patron or other person attending the EVENT. Further the COMPANY
agrees that at all times, and for any arid all purposes under this CONTRACT, the 0.03.0. and/or any
DEPUTY present at the EVENT shall be present strictly and solely to perform such POLICE PROTECTION
services and governmental law enforcement function authorized by law to and for the benefit of the general
public and, under no circumstances shall any DEPUTY undertake any activity or duty on behriiilf of the
COMPANY or provide any particular or specific service or benefit to or for the COMPANY, any COMPANY
Q":.2.E).1;
CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL
AGENT(S), or any patron or other person attending the EVENT.
12. The COMPANY agrees that this CONTRACT does not, and is not intend
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aid or medical treatment facilities, providing or implementing any fire or emer
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other activity associated with the EVENT which is not within the definition of POLICE PROTECTION or otherwise a governmental law enforcement function under the terms of thi
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under the control and direction of the 0.C.S,O. The COMPANY further agree
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normally provides to any COMPANY AGENT(S) or any person attending t
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EVENT, due to the presence of the 0.C.S.O. and/or any DEPUTY at the EVENT.
13. The COMPANY agrees that no COMPANY AGENT(S) (as defined in Attach
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based on Or in any way related to any COMPANY AGENT( S)' employment status or any aliegea violation of any COMPANY AGENT(S1' statutory, contractual. or constitutional rights ny the
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any COUNTY AGENT(S), The COMPANY agrees to indemnify and hoid
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COUNTY AGE--NT(S) from and against any and all CLAIM(S) which are imposed upon, inc
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Or asserted against the COUNTY and/or any COUNTY AGENT(S) by any
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compensation, benefits, or other employment-related rights, including, b
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limited to, those described in this Paragraph.
14. The COMPANY agrees that it shall be soiely and exclusively responsible, d
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CONTRACT, for guaranteeing that all COMPANY AGENT(S): (a) follow all lawful orders of any DEPUTY performing any duties under this CONTRACT; (b) fully cooperate with all DEPU
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PROTECTION services pursuant to this CONTRACT; and (e) conform their
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of this CONTRACT, including, but not limited to, the understanding in Attach
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15. The COMPANY freely and voluntarily consents to and agrees that the 0,0.5.0.
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while providing POLICE PROTECTION services under the terms Of this CONTR
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open access to any and all premises, areas and locations at the EVENT
16. The COMPANY agrees, at its sole cost and expense, to purchase and m
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coverage(s) in the minimum coverage amounts indicated, for the entire duration
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acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY'S Risk Management Division.
17, Except as otherwise provided in this Paragraph, the COMPANY agrees to def
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the COUNTY and/or any COUNTY AGENT(S) harmless from and against any
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imposed upon, incurred by, or asserted against the COUNTY by any person
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from, Or arise from, Or are in any way related to any alleged error, mistake, negligent or intentiona
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07 .25.11 4
CONTRACT FOR POLICE. PROTECTION MICHIGAN RENAISSANCE FESTIVAL
breach of legad duty to any person by the COMPANY arid/or any COMPANY AGENT(S); (b) any alleged
failure by the COMPANY or any COMPANY AGENT(S) to comply with any COMPANY duty or obligation in
this CONTRACT; (c) any other CLAIM(S) based, in any, way, upon any COMPANY or COMPANY AGENT(S)'
services, buildings, equipment, or any other EVENT, occurrence, duty, or obligation related or attendant
thereto, The COMPANY, however, shall not be obligated to pay any portion of any courts ordered judgment or
award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either solely
negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the
COMPANY or any COMPANY AGENT(S).
18. The indemnification right(s) afforded to the COUNTY and/or any COUNTY AGENT(S) under this
CONTRACT shall be excess and over and above any other validand collectible insurance right available to
the COUNTY and/or any COUNTY AGENT(S) from the COMPANY under the terms of this CONTRACT and
applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S) loss whether OF not any
such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that the
COMPANY's promise to indemnify, pay and hold harmless the COUNTY and/or any COUNTY AGENT(S) as
set forth in this CONTRACT may become unenforceable or uncoliectible, the COMPANY shall contribute the
maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and
satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S).
19. The COMPANY agrees that all COMPANY indemnification and hold harmless promises, waivers of
liability, representations, insurance coverage obligations, liabilities, payment obligations, and/cr 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 expiration of this CONTRACT, shall survive the cancellation or expirationof this CONTRACT.
20. This CONTRACT does not, arid is not intended to, create, by impiication or otherwise, any direct or
indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any °trier rignt or any kind, in fa ,,/ci; of any person, ordanization, alleged than peirty benefOiary, or any right to fee lecntractually,leaany. edeifabiv.
otherwise subrogated to any inoemnification or any otneeright provide° under Me terms of this CONTRACT,
21. The COMPANY agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer,
promise, commit, or loan any 0.C.S.O.'s or any DEPUTY'S POLICE PROTECTION services or duties under
this CONTRACT to any other person and/or public: or private corporation, entity, or organization of any kind.
22. The COMPANY represents and warrants that it has reviewed all of its current or proposed lease and
licensing agreements with its patrons, concessionaires, promoters, vendors, and other persons who are or
may become contractually involved with the COMPANY for the EVENT, and hereby represents and warrants
that the COMPANY does not have, and will not in the future have, any other contractual agreement that will in
any manner restrict, interfere with, or prohibit the COMPANY, any COMPANY AGENT(S), or any other person
from complying with the COMPANY 's obligations and duties as set forth in this CONTRAC,T.
23. The COMPANY agrees that it shall promptly deliver to the.O.C.S.C. 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 COMPANY becomes aware of which involves in any
way the 0.0,S.O, or any DEPUTY. The COMPANY agrees to cooperate with the 0.0.5.0. in any
investigation conducted by the 0.0.S.O. into any act(s) or ivvork, performancE.,, of any DEPUTY.
24. Subject to the following Paragraph, this CONTRACT shall become effective on AuguEn 17, 2013 and
shall remain in effect continuously until it expires without am/further C t or notice being required of any oat/ at
it p.m. on September 30, 2013. Either the (COUNTY, the SHERIFF, or the COMPANY may cancel thts
CONTRACT for any reason without incurring any penalty or liabiirly to any party as a result, before its
scheduled expiration by delivering a written notice of cancellation of this CONTRACT to the other two parties
at least Fifteen (15) days before the effective date of cancellation (which cancellation date shall be clearly
qta.ted in this ri fr notice), arid at 11:59 P.M. on the stateri effective date of cancellation 11;iis CONTRACT
shall be canceled.
07.25.1]
CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL
25. This CONTRACT, and any subsequent amendments, shall not become effectiv
e
p
r
i
o
r
t
o
t
h
e
a
p
p
r
o
v
a
l
by resolution of the COUNTY Board of Commissioners. The approval and terms of th
i
s
C
O
N
T
R
A
C
T
s
h
a
l
l
b
e
entered into the official minutes and proceedings of the COUNTY Board of Com
m
i
s
s
i
o
n
e
r
s
a
n
d
s
h
a
l
l
a
l
s
o
b
e
filed with the office of the Clerk for the COUNTY.
26. The parties shall send, by first class mail, all correspondence and written notices require
d
o
r
p
e
r
m
i
t
t
e
d
by this CONTRACT to each of the signatories of this CONTRACT, or any signat
o
r
y
s
u
c
c
e
s
s
o
r
i
n
o
f
f
i
c
e
,
t
o
t
h
e
addresses shown in this CONTRACT. Except as otherwise provided for herein, all co
r
r
e
s
p
o
n
d
e
n
c
e
o
r
w
r
i
t
t
e
n
notices shall be considered delivered to a party as of the date that such notic
e
i
s
d
e
p
o
s
i
t
e
d
w
i
t
h
s
u
f
f
i
c
i
e
n
t
postage, with the U.S. Postal Service.
27. This CONTRACT is made and entered into in the State of Michigan and shall i
n
a
l
l
r
e
s
p
e
c
t
s
b
e
interpreted, enforced and governed under the laws of the State of Michigan.
T
h
e
l
a
n
g
u
a
g
e
o
f
a
l
l
p
a
r
t
s
o
f
t
h
i
s
CONTRACT is intended to and, in all cases, shall be construed as a whole accord
i
n
g
t
o
i
t
s
f
a
i
r
m
e
a
n
i
n
g
,
a
n
d
not construed strictly for or against any party. As used in this CONTRACT, the si
n
g
u
l
a
r
o
r
p
l
u
r
a
l
n
u
m
b
e
r
; possessive or non-possessive shall be deemed to include the other whenever
t
h
e
c
o
n
t
e
x
t
s
o
s
u
g
g
e
s
t
s
o
r
requires.
28. Absent an express written waiver, the failure of any party to pursue any rig
h
t
g
r
a
n
t
e
d
u
n
d
e
r
t
h
i
s
CONTRACT shall not be deemed a waiver of that right regarding any existing or s
u
b
s
e
q
u
e
n
t
b
r
e
a
c
h
o
r
d
e
f
a
u
l
t
under this CONTRACT. No failure or delay on the part of any party in exercising an
y
r
i
g
h
t
,
p
o
w
e
r
o
r
p
r
i
v
i
l
e
g
e
hereunder shall operate as a waiver thereof, nor shall a single or partial ex
e
r
c
i
s
e
o
f
a
n
y
r
i
g
h
t
,
p
o
w
e
r
o
r
privilege preclude any other or further exercise of any other right, power or privileg
e
.
29. The COUNTY, the SHERIFF„ and the COMPANY acknowledge that this CONTRACT s
h
a
l
l
b
e
b
i
n
d
i
n
g
upon each of them and, to the extent permitted by law, upon their admi
n
i
s
t
r
a
t
o
r
s
,
r
e
p
r
e
s
e
n
t
a
t
i
v
e
s
,
subsidiaries, executors, successors and assigns, and all persons acting cy, through
,
u
n
d
e
r
,
o
r
i
n
c
o
n
c
e
r
t
w
i
t
h
any of them.
30. This CONTRACT, consisting of a total of Eleven (i1) pages (inciuding Attachments A. 8, 0: and Li, which are all hereby incorporated into and made part of this CONTRACT), sets fort
h
t
h
e
e
n
t
i
r
e
a
g
r
e
e
m
e
n
t
f
o
r
increased POLICE PROTECTION for the EVENT between the 0.0.8.0.
a
n
d
t
h
e
C
O
M
P
A
N
Y
a
n
d
f
u
l
i
y
supersedes any and all prior agreements or understandings between them in an
y
w
a
y
r
e
l
a
t
e
d
t
o
t
h
e
s
u
b
j
e
c
t
matter hereof. It is further understood and agreed that the terms and conditions her
e
i
n
a
r
e
c
o
n
t
r
a
c
t
u
a
l
a
n
d
are not a mere recital and that there are no other agreements, understandings, c
o
n
t
r
a
c
t
s
,
o
r
r
e
p
r
e
s
e
n
t
a
t
i
o
n
s
between the C.O.S.°. and the COMPANY in any way related to the subject matter her
e
o
f
,
e
x
c
e
p
t
a
s
e
x
p
r
e
s
s
l
y
stated herein. This CONTRACT shall not be changed or supplemented orally an
d
m
a
y
b
e
a
m
e
n
d
e
d
o
n
l
y
b
y
concurrent resolutions of the Oakland County Board of Commissioners and the
C
O
M
P
A
N
Y
B
b
a
r
r
i
of Directors.
31. For and in consideration of the mutual promises, acknowledgments, representation
s
,
a
n
d
a
g
r
e
e
m
e
n
t
s
set forth in this CONTRACT, and for other good and vaivable consideration, the
r
e
c
e
i
p
t
a
n
d
a
d
e
q
u
a
c
y
o
f
which is hereby acknowledged, the COUNTY, the SHERIFF, and the COMPAN
Y
h
e
r
e
b
y
a
g
r
e
e
a
n
d
p
r
o
m
i
s
e
t
o
be bound by the terms and provisions of this CONTRACT.
07.25.11 6
CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL
IN WITNESS WHEREOF, JAMES H. PETERSON President and CEO of MICHIGAN RENAISSANCE
FESTIVAL hereby acknowledges that he has authority to execute this CONTRACT on behalf of MICHIAGAN
RENAISSANCE FESTIVAL, and hereby accepts and binds MICHIGAN RENAISSANCE FESTIVAL to the
terms and conditions of this CONTRACT on this day of , 2013.
WITNESS: MICHIGAN RENAISSANCE FESTIVAL
a Corporation
registered in Michigan
By
JAMES H. PETERSON
President and CEO
IN WITNESS WHEREOF, MICHAEL J. GINGELL, Chairperson of the Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County
Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of this CONTRACT on this rIPAt of , 701:
WiTNES c-!! COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
MICHAEL J. G.INGELL., Chairperson,
Board of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds theOffice of the Oakland County Sheriff
to the terms and conditions of this CONTRACT on this day of 2013.
WITNESS:
By:
MICHAEL J. BOUCHARD
Oakland County Sheriff
CONTRACT FOR POLICE PROTECTION Attachment A
CONTRACT DEFINITIONS
In addition to the terms and expressions "COUNTY", "SHERIFF", "OAKLAND COUNT
Y
S
H
E
R
I
F
F
'
S
DEPARTMENT or 0.C.S.0.", and COMPANY AGENT(S)'' , which are defined in the
C
O
N
T
R
A
C
T
,
t
h
e
COMPANY and the 0.C.S.O. agree that for all purposes ; and as used throughout this CONTRACT and all Attachments hereto, the words and expressions below are also defined terms under this CONTR
A
C
T
.
T
h
e
COMPANY and the 0.C.S.O. also agree that whenever any defined term or
e
x
p
r
e
s
s
i
o
n
i
s
p
r
i
n
t
e
d
i
n
a
l
l
uppercase characters, and/or whether used in the singular or plural, possessive or non-
p
o
s
s
e
s
s
i
v
e
,
a
n
d
/
o
r
either within or without quotation marks, it shall be defined, read, and interprete
d
a
s
p
r
o
v
i
d
e
d
f
o
r
i
n
t
h
i
s
CONTRACT.
A 1. "POLICE PROTECTION" shall be defined to include the responsibility for the prevention a
n
d
d
e
t
e
c
t
i
o
n
of crime and the enforcement of the general criminal laws of this state and the mo
t
o
r
v
e
h
i
c
l
e
a
n
d
t
r
a
f
f
i
c
l
a
w
s
o
f
this state, including, but not limited to, road patrol, crime detection, crime preve
n
t
i
o
n
,
a
n
d
c
r
i
m
i
n
a
l
apprehension, and/or response to any emergency or non-emergency which, in t
h
e
s
o
l
e
j
u
d
g
m
e
n
t
o
f
a
n
y
DEPUTY, appears to require the presence, attention, or services of any DEPUTY to a
d
d
r
e
s
s
,
r
e
s
p
o
n
d
,
O
r
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/
o
r
m
a
n
d
a
t
e
d
b
y
l
a
w
b
u
t
shall not include any responsibility or job duty of the COMPANY or any COMPANY AGENT(S) includi
n
g
,
b
u
t
not limited to, gate attendants, ticket sellers, ticket takers, ushers, directors, supervis
o
r
s
; parkin attendants, managers ; nurses, emergency medical personnel or technicians, security guards, safety personnel,
c
o
m
p
l
a
i
n
t
adjusters, or any other plant, operational, or administrative personnel who perform an
y
g
e
n
e
r
a
l
c
r
o
w
d
c
o
n
t
r
o
l
and supervision functions, search any packages and/or patrons for objects such as bot
t
l
e
s
,
c
a
n
s
,
c
a
m
e
r
a
s
,
weapons, 07 tape recorders, remove any objectionable patrons, signs or display
s
,
d
e
t
e
r
m
i
n
e
a
n
y
p
e
r
s
o
n
s
admissibility to the EVENT, become involved in any dispute resolution with any COMPANY AGENT(S) and/or
patrons or any person attending the EVENT, or enforce any COMPANY or EVENT rule, policy, or reauiation unless such activity is for the prevention of crime and the enforcement of the general criminal iaws includine,
but not limited to, criminal property trespass.
A 2. "CLAIM(S)" shall be defined to include any and all losses ; complaints, demands for relief pr damages, suits, causes of action, proceedings, judgments, deficiencies, penalties„ costs an
d
e
x
p
e
n
s
e
s
; including, but not limited to, any reimbursement for reasonable attorney tees, witness fees, cou
r
t
c
o
s
t
s
,
!
r
i
v
e
s
t
i
g
a
t
i
o
n
a
r
i
d
/
o
r
litigation expenses, any amounts paid in settlement, OF any other amount for whi
c
h
t
h
e
0
.
0
.
S
.
O
.
b
e
c
o
m
e
s
legally and/or contractually obligated to pay, or any other liabilities of any kind w
h
a
t
s
o
e
v
e
r
w
h
e
t
h
e
r
d
i
r
e
c
t
,
indirect or consequential whether based upon any alleged violation of the constitutio
n
(
f
e
d
e
r
a
l
o
r
s
t
a
t
e
)
,
a
n
y
statute, rule, regulation, or the common law, whether in law or equity, tort, c
o
n
t
r
a
c
t
,
o
r
o
t
h
e
r
w
i
s
e
,
a
n
d
/
o
r
whether commenced or threatened.
A 3. "COMPANY AGENT(S)" shall be defined to include any and all COMPANY officers, di
r
e
c
t
o
r
s
,
b
o
a
r
d
members, employees, managers, departments, divisions, volunteers, agents, and r
e
p
r
e
s
e
n
t
a
t
i
v
e
s
o
f
t
h
e
ONIPANY, as wet, as any COMPANY licensee, concessionaire, contracto
r
,
s
u
b
c
o
n
t
r
a
c
t
o
r
,
v
e
n
d
o
r
; subsidiary, joint venturer or partner; and/or any such persons, successors 07 predecessors ; agents, employees, attorneys, Or auditors (whether such persons act Or acted in their personal,
r
e
p
r
e
s
e
n
t
a
t
i
v
e
,
o
r
official capacities), and/or any and all persons acting by, through, under, or in concert
w
i
t
h
a
n
y
o
f
t
h
e
m
a
n
d
/
o
r
the COMPANY.
A4. "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF o
r
0
.
0
.
0
.
0
.
,
s
h
a
l
l
b
e
defined to include the Unciersheriff„ any Major ; Captain, Lieutenant, Sergeant, Deputyll. Deputy I, 07 any other person or persons of any rank, classification, 07 title who, pursuant to state law, is a s
w
o
r
n
D
e
p
u
t
y
o
f
t
h
e
SHERIFF.
A 5. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERI
F
F
,
S
H
E
R
I
F
F
MICHAEL J. BOUCHARD, and any and all other COUNTY elected and appointed offici
a
l
s
,
c
o
m
m
i
s
s
i
o
n
e
r
s
,
officers, boards, committees, commissions, departments, divisions, trustees, volun
t
e
e
r
s
,
e
m
p
l
o
y
e
e
s
(
i
n
c
l
u
d
i
n
g
any and all DEPUTIES), agents, representatives, contractors, predecessors, successors,
a
s
s
i
g
n
s
,
a
t
t
o
r
n
e
y
s
,
or auditors (whether such persons act or acted in their personal, representative, or of
f
i
c
i
a
l
c
a
p
a
c
i
t
i
e
s
)
,
a
n
d
a
n
y
and all persons acting by, through, under, or in concert with any of them.
CONTRACT FOR POLICE PROTECTION Attachment B
ADDITIONAL ACKNOWLEDGMENTS
In addition to the INTRODUCTORY STATEMENTS contained at the beginning of this CONTRACT,
the COMPANY, the COUNTY, and the SHERIFF further agree that this CONTRACT is premised upon the
following understandings, agreements and acknowledgments:
B 1. The SHERIFF, .subject to the limits of available DEPUTIES and budget constraints, is authorized by
law to provide law enforcement and POLICE PROTECTION throughout the jurisdiction and territorial limits of
Oakland County and is authorized to maintain law and order within areas of his jurisdiction which may be
inadequately policed and which may require added vigitanc.;e to monitor possible criminal activity.
B 2. The COMPANY acknowledges that the same fiscal and practical restrictions wnich limit the availability
of local police resources also limit the ability of the SHERIFF to reassign DEPUTIES to provide POLICE
PROTECTION at the EVENT as part of their normal shift assignments and duties. However, the COMPANY
acknowledges that because of the relatively large number of DEPUTIES the O.C.S.O. employs and because
many of the DEPUTIES normal work assignments and duties such as prisoner pick-ups, jail activity, court
appearances, and all court support functions (i.e. courthouse security, escorting prisoners to trial, etc.)
normally occur between the hours of 8:30 am. and 5:00 p.m., Monday through Friday, which is not when the
EVENT and consequential POLICE PROTECTION needs typically occur, and that the 0.0.S.O. may be able
to provide supplemental POLICE PROTECTION at the EVENT on an overtime basis. The COMPANY
acknowledges and agrees that the applicable hourly rates paid to DEPUTIES under this CONTRACT are set.
at the overtime rates because any DEPUTY assigned to the EVENT must, in fact, be replaced by the
SHERIFF in the Oakland County jail on an overtime basis.
B 3. The COMPANY acknowledges that, except for the prohibitive expense to the COUNTY, the SHERIFT
may be able, for the EVENT, to assign, on an overtime basis, DEPUTIES whd have aiready comblet.ed then
norMal workday andlor WOrk week to provide POLICE PROTECTION attn. EVENT, without otherwise Linduiy•
interfering with efficiency. morale, and readiness o i SCOr its ability to rriest its, other lap,/ entoroemieri
responsibilities.
B 4. The COMPANY has, to its satisfaction, examined the 0.0.5.0.'S wage and cost structures and
acknowledges and agrees the reimbursement that the COMPANY is to pay to the COUNTY under the terms
of this CONTRACT is not intended to result in any net financial gain or Profit for tne COUNTY, but is
established to guarantee that the 0.C.S,O. is fully reimbursed for any and all salary costs, on an overtime
basis, and other fringe benefit costs arid expenses that the COUNTY is required to pay to, or on behalf of, any
DEPUTIES providing supplemental POLICE PROTECTION for the EVENT.
• 0 The 0.0.5.0. and the COMPANY agree and acknowledge that the supplemental POLICE
PROTECTION activities provided for under tne terms of this CONTRACT are strictly limited to those
governmental law enforcement functions authorized by law and the POLICE PROTECTION provided tor under
this CONTRACT are exclusively governmental activities and functions of the type and nature that would be
normally supported by tax dollaro. and that this CONTRACT simoiy acknowledges the unusiial circumstances
and increased law enforcement needs ano demands created by the EVENT and the corresponding increased
financial burden on government law enforcement agencies created bysuch EVENT.
B 6. The 0.0.5.0. and the COMPANY agree and acknowledge that the sole purnese of this CONTRACT
is to provide governmental law enforcement, crime prevention and POLICE PROTECTION services oniy , and
that thEse activities are not engaged in primarily for profit, and that neither party e.tpects or anticipates that
0.0.6.0. Will realize any profit or direct financial benefit as a result of this CONTRACT.
CONTRACT FOR POLICE PROTECTION Attachment C
0.C.S.O. INDEPENDENT STATUS
C 1. The COMPANY agrees and warrants that, at all times and for all purposes relev
a
n
t
t
o
t
h
i
s
CONTRACT, the 0,C.S.O. shall remain the sole and exclusive employer of all
D
E
P
U
T
I
E
S
a
n
d
t
h
a
t
t
h
e
0.C.S.O. shall remain solely and exclusively responsible for the direct payment to
a
n
y
D
E
P
U
T
Y
o
f
a
n
y
DEPUTY'S wages, compensation, overtime wages, expenses, fringe benefits, pensi
o
n
o
r
r
e
t
i
r
e
m
e
n
t
b
e
n
e
f
i
t
s
,
travel expenses, mileage allowances, training expenses, transportation costs, and/or
o
t
h
e
r
a
l
l
o
w
a
n
c
e
s
o
r
reimbursements of any kind, including, but not limited to, workers disability compen
s
a
t
i
o
n
,
u
n
e
m
p
l
o
y
m
e
n
t
compensation, Social Security Act protection(s) and benefits, any employment tax
e
s
,
a
n
d
/
o
r
a
n
y
o
t
h
e
r
statutory or contractual right or benefit based, in any way, upon any DEPUTY'S statu
s
a
s
a
n
e
m
p
l
o
y
e
e
o
f
t
h
e
0.C.S.O.
C 2. The COMPANY agrees and warrants that it shall not grant, give, allow, pay. re mo
u
r
s
e
,
c
o
m
p
e
n
s
a
t
e
.
or otherwise provide any wages, frincie benefits, privileges, gifts, eauipment, pers
o
n
a
l
p
r
o
p
e
r
t
y
,
s
u
p
p
l
i
e
s
,
benefits, entitlement, consideration (monetary or otherwise), or any other thing of valu
e
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indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that any m
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COUNTY by the COMPANY to reimburse the COUNTY for its costs pursuant to this C
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deemed consideration paid by the COMPANY to any DEPUTY.
C 3. The COMPANY and the 0.0 SO. agree that this CONTRACT does not, and is not in
t
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grant, modify, supplement, supersede, alter, or otherwise affect or control, in an
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right, privilege, benefit, or any other term(s) or condition(s) of employment, of any kin
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in, upon, Or for any DEPUTY and/or any DEPUTY'S agents, representatives, unions, or
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assigns of any of them; (b) any applicabie 0,C.S.0, employment and/or union contract(s); (c) any level(s) or
amount(s) of DEPUTY supervision, standard(s) of performance, training and educa
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(d) any 0.0,S.O. rule(s), regulation(s), hours of work, shift assignment(s), order(s), poli
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girective(s), ethical guideline(s), etc., which shall, soleiv and exclusiveiy. dovem a
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relationship between th,e andicri all conduct :Li,c attions of all
C 4. The COMPANY and the 0.0.S.3. agree that • CONTRACT aces not, and is not intended to limit, modify, control, or otheRtvise affect in any manner the SHE-RIFF's so e: and exc
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responsibility to determine, establish, modify, or impiement any and all operational
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orders, rules, regulations, ethical guidelines, and/or any other ,judgment, policy or
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governs or controls any activity of all DEPUTIES. The COMPANY further agrees that t
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not obligate or require the SHERIFF Or the 0.C.S.O. to change, alter, modify, use, or dev
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special POLICE PROTECTION poiicies, practices or procedures for use at the E
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C 5. The COMPANY agrees that this CONTRACT does not, and is ict intended to incl
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warranty, promise, or guaranty, either express or implied, of any kind or nature what
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COMPANY. any COMPANY AGENT(S), or any Person attending the EVENT that any PO
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provided by the 0.0,5.0. under the terms and conditions of this CONTRACT
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reduction or prevention of any criminal activity at the EVENT, Or any other such performa
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Under the terms of this CONTRACT, the COMPANY adrees and promises that no DEP
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ShSil cc asked or reauired to perform any services directly for the: COMPANY or otherwise
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other work or assignments from the COMPANY Or ide expected to perform any acts ot
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law enforcement functions, .crime prevention or POLICE PROTECTION, an
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employed in any manner or capacity by the COMPANY.
C 7. Tne COMPANY agrees that neither the COMPANY nor any COMPANY AGENT(S) s
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provide, furnish or assign any DEPUTY with any job instructions, job descriptio
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duties, or, in any manner attempt to control, supervise, train, Or direct any DEPUTY in
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0.C.S.O. duty or obligation to provide POLICE PROTECTION under the terms
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0'7.25.12 10
Attachmen
COMPANY PROVI DED INSURANCE
D 1. The COMPANY agrees, at its sole cost and expense, to purchase and maintain the following
insurance coverage(s), in the minimum coverage amounts indicated, for the entire duration of this
CONTRACT and to provide the COUNTY with appropriate Certificates of Insurance. The COMPANY
acknowledges that all insurance obligations ; bonds, and/or certificates or proof of same required shall be
subject to the approval of the COUNTY'S Risk Management Division.
a. Comprehensive General Liability Broad Form Endorsement in the minimum amount of $1,000,000.00 C,S.L., and with the following as minimum requirements:
i. Broad Form Property damage;
ii. Premises/Operations:
(Blanket) Broad Form Contractual;
iv. Personal Injury - delete contractual exclusion "A" and employee exclusion "C"; and
v. Additional Insured - The COUNTY OF OAKLAND ; the 0.0.S.O. and all COUNTY AGENT(S) as defined in this CONTRACT to include, without limitation, all COUNTY elected and appointed
officials and their employees and agents for CLAIM(S); actions, lawsuits, etc., arising out of the sole acts of
the COMPANY and/or COMPANY AGENT(S).
b. Professional Liability (Errors and Omissions), including Police Professional Liability in the minimum amount of $1,000000.00; and
All Certificates of insurance or self insurande shall contain the foliowino clauses .
i. "Any coverage afforded the COUNTY shall apply as primary and not excess to any
insurance issued in the name of the COUNTY OF OAKLAND, et Si.";
ii.The insurance company(s) issuing the policy or policies shall have no recourse against the
COUNTY OF OAKLAND for payment of any premiums or for assessments under any form of policy.";
iii, Any and all deductibles in the above described insurance policies shall be assumed by
and be for the account of, and at the sole risk of, the COMPANY"; and
iv, 'There will be no additional exclusions running to the Additional Insured based upon any
actions or activities of the named insured."
d. All Certificates cf insurance are to provide 30 days notice of material change or cancellation. All
Certificates of insurance must be provided no less than ten (10) working days before commencement of date
of this CONTRACT to the COUNTY'S Risk Management Division. insurance carriers, coverage(s), and policy
limits are also subject to the approval of the COUNTY'S Risk Management Division as to conformity with the
requirements of this CONTRACT.
D 2. The COMPANY agrees that the COUNTY shall he legally subrogated to any rights to recover or any
benefits the COMPANY may have in any insurance policy and to the full extent of any payment made under
any insurance policy as may be reuuired to make the COUNTY whole for any CLAN(S) The COMPANY
agrees to cooperate and do any act necessary to secure such rights for the COUNTY.
Resolution #13166 June 13, 2013
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13166) July 17, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN
RENAISSANCE FESTIVAL — 2013 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. The Michigan Renaissance Festival has requested the Oakland County Sheriff's Department to
supply Patrol Officers for the Law Enforcement Services for the upcoming 2013 season.
2. The Oakland County Sheriff's Office contracted with the Michigan Renaissance Festival for the
2012 season by Miscellaneous Resolution #12204.
3. The rates charged in the agreement are consistent with IVIiscPlInnani is Resolution #12266 that
established standard overtime rates for calendar years 2013 through 2015.
4. The contract will take effect on August 17, 2013 and expires September 29, 2013; or fifteen (15)
event days.
5. The proposed agreement will result in approximately $59,654 in revenue and expenditures for
Fiscal Year 2013, a decrease of $6,945 from Fiscal Year 2012.
6. Revenue is currently budgeted in the Fiscal Year 2013 Amended Budget and therefore, no budget
amendment is recommended.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13166 July 17, 2013
Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack,
Bosnic, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45,559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 July 17, 2013,
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 17th day of July, 2013.
Lisa Brown, Oakland County