HomeMy WebLinkAboutResolutions - 2014.04.30 - 21319MISCELLANEOUS RESOLUTION # 14080 April 17, 2014
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY
OF ORCHARD LAKE 2014
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 #12266 adopted November 1, 2012, established the
standard law enforcement services overtime rates for the period 2014; and
WHEREAS the City of Orchard Lake 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 Orchard Lake has requested that a contract for special events on an
overtime basis for regular deputies be authorized; and
WHEREAS this contract also involves the support of PINE Mounted Deputies to patrol areas that
are not accessible by other forms of transportation; and
WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake; 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 Orchard Lake for special events 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 May 1, 2014.
BE IT FURTHER RESOLVED that one (1) GF/GP PINE 240 hours /year Mounted Deputy
position (4030616-11188) be continued in the Sheriff's Office/Patrol Services/Contracted Patrol-
Parks.
BE IT FURTHER RESOLVED that the continuation of this position be contingent on future
contract renewal.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
Dale Cunningham
From:
Sent:
To:
Cc:
Subject:
Joe George <policechief@cityoforchardlake.com >
Wednesday, March 12, 2014 11:01 AM
bouchardm@oal(gov.com
cunning-hamd@oakgov.com
Auxiliary Sheriff's Deputy Services
Dear Sheriff Michael Bouchard:
Please accept this E-Mail as an official request from the City of Orchard Lake. The City of Orchard Lake is requesting a
new contract for Auxiliary Sheriff's Deputy Services. This contract should become effective on May 1, 2014 and be valid
for one year. Authorized Orchard Lake signatures for Orchard Lake will be as follow: Rhonda McClellan-Clerk and
Jacquelyn Beach-Mayor of the City of Orchard Lake.
Thank You,
Joe
rzt-Sii; p6,404g, 9-zave
•-1 Chief of Police
Orchard Lake Police Department
355.5 Orchard I ake Rd, Orchard Lake, MI 48323
Phone: (248) 682-2480 Fax: (248) 682-1808
1
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES
FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
This CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE
VILLAGE (hereafter this "CONTRACT") is made and entered into between the CITY OF ORCHARD LAKE
VILLAGE, a Michigan Constitutionai and Municipal Corporation, whose address is 3955 Orchard Lake Road,
Orchard Lake, Michigan, 48323-1638 (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.
C. 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 0.C.S.0. loss of operational efficiency or readiness;
and/or (c) result in the assumption of any additional liability or any increased financial burden by
COUNTY taxpayers.
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 ORCHARD LAKE
VILLAGE REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES (hereafter "Attachment 8") which are
both hereby incorporated in and made part of this CONTRACT, it is mutually agreed as follows:
1 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 13", which are defined in this CONTRACT, the parties agree that for all purposes, and as
used throughout this CONTRACT and Attachment A and Attachment 8, 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.
1 .1 "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, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation, costs and/or expenses of any kind which are imposed upon, incurred by,
or asserted against a party.
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.O.,
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 COUNTY AGENT(S) employed, appointed, or elected 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
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 — December 31, 2014
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.C.S.O.
DEPUTIES) already provided, pre-positioned, and on hand pursuant to this CONTRACT.
Any additional DEPUTIES dispatched by the 0.C.S.O., 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:
2.1 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 in section 5, 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 ORCHARD LAKE VILLAGE REQUEST FOR AUXILIARY O.C.S.O. DEPUTY SERVICES
(Attachment B). The City agrees that upon receipt of a signed and fully completed copy of
Attachment B, CITY OF ORCHARD LAKE VILLAGE 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.C.S.O. 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 ORCHARD LAKE VILLAGE 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 ORCHARD LAI<,E, VILLAGE REQUEST FOR AUXILIARY 0.C.S.O.
CONTRACT FOR AUXILIARY SHERIFFS DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 3
DEPUTY SERVICES, as soon as reasonably possible in advance of any SPECIAL EVENT
at which any DEPUTY SERVICES are anticipated.
3.3 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 0.C.S.O. may accept as true that any CITY AGENT(S) submitting an Attachment B to
the Q.C.S.O. 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 ORCHARD LAKE VILLAGE
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.O. 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 ORCHARD LAKE
VILLAGE REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES.
4 0.0.5.0. OBLIGATION TO PROVIDE DEPUTY SERVICES. Subject to the terms of this CONTRACT, upon receipt of a fully executed Attachment B, CITY OF ORCHARD LAKE VILLAGE
REQUEST FOR AUXILIARY 0.C.S.O. 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 DEPUTY 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 0.C.S.O. 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 anytime,
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 0.C.S.O. 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 0.C.S.O. in similar circumstances, that the O.C.S.O.'s good faith and
reasonable efforts to cooperate with the CITY in providing DEPUTY SERVICES in these
CONTRACT FOR AUXILIARY SHERIFFS DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 4
regards is sufficient and adequate consideration upon which to warrant and bind the CITY to
the terms of this CONTRACT.
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.
6.2 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.).
6.4 The CITY shall pay such amounts as shown on any 0.C.S.O. 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.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 December 31, 2014
Page 5
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, for any reason, fails to pay the COUNTY any monies when and as due under
this CONTRACT, the CITY 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 due by the CITY to the
COUNTY. CITY waives any CLAIMS against the COUNTY or any of 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
of this CONTRACT, the CITY agrees to pay all costs and expenses, including attorney's fees
and court cots, incurred by the COUNTY in the collection of any amount owed by the CITY.
6.6 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 0.C.S,O. 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 that the Hourly Overtime Cost Rate, shown in Attachment A, that the
CITY is to pay to the COUNTY for DEPUTY'S SERVICES under the terms of 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 0.C.S.0, 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.C.S.O. 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.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 6
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 0.C.S.O. 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.
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
0.C.S.O. 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 0.C.S.O. under the terms
and conditions of this CONTRACT will result in any specific reduction or prevention of any
criminal activity at 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.
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.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 7
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 0.C.S.O.
8 0.C.S.O. INDEPENDENT CONTRACTOR STATUS. The CITY and the 0.C.S.O. agree that neither the COUNTY, any COUNTY AGENT(S), nor any DEPUTY, by virtue of this CONTRACT or
otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner,
joint venturer, representative, or agent of the 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 agree that, at all times and for all purposes relevant to this CONTRACT, the
0.0.5.0. shall remain the sole and exclusive employer of all DEPUTIES and that the
0,C.S.O. shall remain solely and exclusively responsible for the direct payment to any
DEPUTY of any DEPUTY'S wages, compensation, overtime wages, expenses, fringe
benefits, pension or retirement benefits, travel expenses, mileage allowances, training
expenses, transportation costs, and/or other allowances or reimbursements of any kind,
including, but not limited to, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based in any way upon any DEPUTY'S status as an
employee of the 0.C.S.O.
8.2 The PARTIES agree that the 0.C.5.0. 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 0.C.S.O. 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:
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 — December 31, 2014
Page 8
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 0.C.S.O. 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 0.C.S.O. rules, regulations, hours of work, shift assignments, orders, policies,
procedures, directives, ethical guidelines, etc., which shall, solely and exclusively,
govern and control the employment relationship between the 0.0.8.0. 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 arid 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.0,
DEPUTY.
8.8 The PARTIES agree that this CONTRACT does not, and is not intended to limit, modify,
control, or otherwise affect in any manner the SHERIFF'S sole and exclusive right,
obligation, and responsibility to determine, establish, modify, or implement any and all
operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any
other judgment, policy or directive which in any way governs or controls any activity or the
performance of any duty by any DEPUTY. The CITY further agrees that this CONTRACT
does not obligate or require the SHERIFF or the 0.C.S.O. to change, alter, modify, use, or
develop any different or special 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,
compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
furlough, discharge any 0.C.S.O. DEPUTY, and/or pay any and all 0.C.S.O. DEPUTY
wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise
decide any and all such terms and conditions of employment and make any and all
employment decisions that affect in any way the employment of any 0.C.S.O. DEPUTY with
the OAKLAND COUNTY SHERIFF'S 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 legal representation and bear the costs associated with such
representation including any 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,
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 - December 31, 2014
Page 9
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 0.C.S.O. and/or any
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 0.C.S.O.
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 0,C,S.O.
written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other
accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in
nature, that the CITY becomes aware of which involves in any way the 0.C.S.O. or any
DEPUTY. The CITY agrees to cooperate with the 0,C.S.O. in any investigation conducted
by the 0.C,S.O. 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 May 1, 2014 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, 2014. 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, 2014,
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.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 — December 31, 2014
Page 10
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 person's 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 without regards to its conflict of law provisions. The language of all parts of this
CONTRACT is intended to and, in all cases, shall be construed as a whole according to its
fair meaning and not construed strictly for or against any PARTY. As used in this
CONTRACT, the singular or plural number, possessive or non-possessive shall be deemed
to include the other whenever the context 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 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. 10 CAPTIONS. 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. 11 ENTIRE AGREEMENT BETWEEN THE PARTIES. This CONTRACT, consisting of a total
of fifteen (15) 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 0.C.S.O. 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 ORCHARD LAKE
VILLAGE.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 — December 31, 2014
Page 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.
--THIS SECTION INTENTIONALLY LEFT BLANK--
CONTRACT FOR AUXILIARY SHERIFFS DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 12
IN WITNESS WHEREOF, Joe Majcher, Mayor for the City of ORCHARD LAKE VILLAGE, hereby
acknowledges that he has been authorized by a resolution of the City Council to execute this CONTRACT on
behalf of the City and hereby accepts and binds the City of ORCHARD LAKE VILLAGE to the terms and
conditions of this CONTRACT on this day of , 2014.
WITNESSES: CITY of ORCHARD LAKE VILLAGE,
a Michigan Municipal Corporation
BY:
Joe Majcher
Mayor
BY:
Rhonda McClellan
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 , 2014.
WITNESS: COUNTY OF OAKLAND, a Michigan Municipal
Corporation
BY:
MICHAEL J. GINGELL
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, 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 , 2014.
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014 — December 31, 2014
Page 13
ATTACHMENT A
SHERIFF'S DEPUTY HOURLY OVERTIME COST RATE
SHERIFF'S DEPUTY Hourly Hourly
RANK Cost Rate Overtime
(job classification) 2014 Cost Rate
2014
Lieutenant
Sergeant
Deputy ll
Deputy I
PTNE Mounted Deputy
N/A
N/A
N/A
N/A
$16.15
$89.21
$77.99
$65.55
$59.46
$24.22
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1,2014— December 31, 2014
Page 14
ATTACHMENT B
CITY OF ORCHARD LAKE VILLAGE REQUEST FOR AUXILIARY 0.C.S.O. DEPUTY SERVICES
TO: MICHAEL J. BOUCHARD, Oakland County Sheriff
OAKLAND COUNTY SHERIFF'S OFFICE
1200 N, Telegraph Road, Bldg. 38 East
ROYAL OAK, MI 48341-1044
Phone: (248)858-5001; Fax: (248)858-1806
FROM: Joe Majcher, Mayor (or designated representative)
City of ORCHARD LAKE VILLAGE
3955 Orchard Lake Road
Orchard Lake, MI 48323-1638
Phone: (248) 682-2400; FAX (248) 682-1308
The CITY, pursuant to the CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF
ORCHARD LAKE VILLAGE 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 End
NUMBER(s) and RANK(s) of SHERIFF'S DEPUTIES requested to provide DEPUTY SERVICES at the above
SPECIAL EVENT:
Number(s) of SHERIFF'S
DEPUTIES Requested
Rank(s) of SHERIFF'S
DEPUTIES Requested
The undersigned hereby acknowledges and affirms that he or she has been authorized by the City of
ORCHARD LAKE VILLAGE to initiate this request for CITY OF ORCHARD LAKE VILLAGE REQUEST FOR
AUXILIARY 0.C,S.O. 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:
Joe Majcher
(or designated representative)
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CITY OF ORCHARD LAKE VILLAGE
May 1, 2014— December 31, 2014
Page 15
Resolution #14080 April 17, 2014
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
FISCAL NOTE . (MISC. #14080) April 30, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF
ORCHARD LAKE 2014
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 Orchard Lake has requested that the Oakland County Sheriff continue to
provide patrol services for special events within the City.
2. Miscellaneous Resolution #12266 authorized the established law enforcement overtime
rates for the period of 2014; the rates stated in this agreement are consistent with the
rates established by this resolution.
3. The dates of the agreement are May 1,2014 through December 31, 2014.
4. Special event deputy services in the City of Orchard Lake will be performed on an
overtime basis and requires the continuation of one (1) GF/GP PTNE 240 hr./yr. Mounted
Deputy position (4030616-11188) in the Parks Unit, Patrol Services Division, of the
Sheriffs Office; no changes in operating expenses are required.
5. No budget amendment is needed; position is currently reflected in the Sheriff's Office,
Patrol Services Division budget.
Fl NA E
TJ/2
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Taub and Crawford absent.
Resolution #14080 April 30, 2014
Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19)
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).
---
1 HERESY APPFIOVE 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 April 30, 2014,
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 30th day of April 2014.
Lisa Brown, Oakland County