HomeMy WebLinkAboutResolutions - 2015.04.02 - 21770MISCELLANEOUS RESOLUTION, #15068 March 18, 2015
BY: Public Services Committee, Bill uwyer, Chairperson
IN RE: SHERIFF'S OFFICE-PAINT CREEK TRAILWAYS CONTRACT FOR LAW
ENFORCEMENT SERVICES FOR THE 2015 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriffs
Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and
WHEREAS the Paint Creek Trailways Commission has requested a contract between the County
and Paint Creek Trailways for Law Enforcement Patrol Services for the 2015 season; and
WHEREAS the Sheriffs Office, in conjunction with the Paint Creek Trailways, is proposing to
contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and
WHEREAS the rates for the 2015 season are included in the contract and the Department of
Management and Budget is in agreement; and
WHEREAS Corporation Counsel has approved this contract.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Conamissioners
authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached
agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates
included in the attached contract.
BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R.
#06129 are contingent upon renewal of this agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
This OAKLAND COUNTY SHERIFF'S OFFICE 2015 LAW ENFORCEMENT SERVICES
AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION ("CONTRACT") is made and
entered into between the PAINT CREEK TRAILWAYS COMMISSION, a public corporation, whose
address is 4393 Collins Road, Rochester, Michigan, 48306 ("COMMISSION") and the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan, 48341 ("COUNTY"). The COUNTY is also represented in this
CONTRACT by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a
Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 E., Pontiac,
Michigan 48341 ("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
("0.C.S.0.").
INTRODUCTION:
A. The COMMISSION is a public corporation, created pursuant to MCL 124,501, for the
purpose of owning, exercising right of dominion over, developing, providing, maintaining and
operating certain non-motorized public trails for recreational use known as the PAINT
CREEK TRAIL.
B. The COMMISSION has the authority to contract with other governmental units, including the
COUNTY, to carry out COMMISSION functions or fulfill COMMISSION obligations including,
but not limited to, public safety.
C. The 0.C.S.O. is authorized to provide LAW ENFORCEMENT SERVICES within Oakland
County but, absent an agreement such as this, the Sheriff has only a limited responsibility for
law enforcement activities at PAINT CREEK TRAIL and is not required to assign any specific
number(s) or rank(s) of DEPUTIES to provide LAW ENFORCEMENT SERVICES at PAINT
CREEK TRAIL.
D. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq, the
COMMISSION and the 0.C.S.O. may enter into an agreement where the 0.C.S.O. would
provide additional LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL.
E. The COMMISSION seeks such agreement with the 0.C.S.O., whereby 0.C.S.O. DEPUTIES
would provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL.
F. The 0.C.S.O. is agreeable to providing DEPUTIES for supplemental LAW ENFORCEMENT
SERVICES pursuant to the terms and conditions of this CONTRACT, provided that such
LAW ENFORCEMENT SERVICES do not: (a) impair or interfere with the 0.C.S.O.'s ability
to meet its other law enforcement responsibilities (b) result in any 0.C.S.O. loss of
operational efficiency or readiness; and/or (c) result in the assumption of any additional
liability or any increased financial burden by County taxpayers.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TIRAILWAYS COMMISSION
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THEREFORE, it is mutually agreed as follows:
1. DEFINITIONS: In addition to the terms "COUNTY," "SHERIFF," "OAKLAND COUNTY
SHERIFF'S OFFICE," and "COMMISSION," which are defined in the CONTRACT, the following
terms are also defined terms under this CONTRACT and its Attachments, and shall be defined,
read, and interpreted as follows:
a. "LAW ENFORCEMENT 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 of the staffing provided under this CONTRACT, and/or response to
any emergency or non-emergency which, in the sole judgment of any DEPUTY, appears
to require the presence, attention, or services of any DEPUTY to address, respond, or
attend to any issue, event, or circumstance involving public safety, a breach of peace,
public health, an accident or accidental injury, and related law enforcement functions as
authorized and/or mandated by law. Additional 0.C.S.O. support services such as the
Marine Division, Arson Investigation, Detective and Crime Lab services, which the
0.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary
herein, are not part of the LAW ENFORCEMENT SERVICES contemplated under the
scope of this CONTRACT. However, such C.C.S.° support services shall continue to be
made available, at no additional cost to the COMMISSION, to the same extent that the
0.C.S.O. continues to make such 0.C.S.O. support services available, at no additional
charge, to all other communities within Oakland County, LAW ENFORCEMENT
SERVICES shall NOT include any responsibility or job duty of the COMMISSION or any
COMMISSION AGENT(S) including, but not limited to, gate attendants, ticket sellers,
ticket takers, ushers, directors, supervisors, parking attendants, managers, nurses,
emergency medical personnel or technicians, security guards, safety personnel,
complaint adjusters, or any other plant, operational, or administrative personnel who
perform any general crowd control and supervision functions, search any packages
and/or patrons for objects such as bottles, cans, or weapons, remove any objectionable
patrons, signs or displays, determine any person's admissibility to PAINT CREEK TRAIL,
traffic control and supervision on COMMISSION owned and operated property, become
involved in any dispute resolution with any COMMISSION AGENT(S) and/or any person
attending PAINT CREEK TRAIL, or enforce any COMMISSION or PAINT CREEK TRAIL
rule, policy, or regulation that does not involve the enforcement of the general criminal
laws of this state.
b. "PAINT CREEK TRAIL" shall be defined as the entire recreation area itself, including all
improvements, appurtenant buildings and structures, as well as any interior rooms,
control rooms, medical and first aid areas, hospitality areas, concession and novelty
areas, security and control rooms, offices, closets, storage areas, lockers and rest rooms,
and other enclosed areas and personal property or motor vehicles thereon, as well as all
other private and personal property, and surrounding open spaces and lands that are
owned, operated, or under the control or supervision of the COMMISSION.
c. "CLAIM(S)" shall be defined to include any alleged 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 that are imposed upon,
incurred by, or asserted against a party.
d. "COMMISSION AGENT(S)" shall be defined to include any and all COMMISSION
officers, elected officials, appointed officials, directors, board members, employees,
managers, departments, divisions, volunteers, agents, and representatives of the
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILVVAYS COMMISSION
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COMMISSION, as well as any COMMISSION licensee, concessionaire, contractor,
subcontractor, vendor, subsidiary, joint venturer or partner, and/or any such persons,
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them and/or the
COMMISSION, COMMISSION AGENT(S) as defined in this CONTRACT shall also
include any person who was a COMMISSION AGENT(S) at any time during the term of
this CONTRACT but, for any reason, is no longer employed, appointed, or elected in their
previous capacity.
e. "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.O.,
shall be defined to include the Undersheriff, any Major, Captain, Lieutenant, Sergeant,
Deputy II, Deputy I, Detective Sergeant, Part-Time Park Deputy, or any other person or
persons of any rank, classification, or title who, pursuant to state law, is a sworn deputy of
the SHERIFF.
f. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF,
SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed
officials, commissioners, officers, boards, committees, commissions, or their members,
departments, divisions, trustees, volunteers, employees (including any DEPUTY or
DEPUTIES), agents, representatives, contractors, predecessors, successors, assigns,
attorneys, or auditors (whether such persons act or acted in their personal,
representative, or official capacities), and any and all persons acting by, through, under,
or in concert with any of them. COUNTY AGENT(S) as defined in this CONTRACT shall
also include any person who was a COUNTY AGENT(S) during the term of this
CONTRACT but, for any reason, is no longer employed, appointed, or elected in their
previous capacity.
2. To request LAW ENFORCEMENT SERVICES, the COMISS ION will submit to the SHERIFF
a completed copy of Attachment A (PAINT CREEK TRAILWAYS COMMISSION'S
REQUEST FOR LAW ENFORCEMENT SERVICES). The SHERIFF, subject to the terms of
this CONTRACT, will assign 0.C.S.O. DEPUTIES in the numbers and ranks set forth in
Attachment A to provide the LAW ENFORCEMENT SERVICES contemplated under this
CONTRACT at PAINT CREEK TRAIL.
3. Except as otherwise expressly provided for in the CONTRACT, any DEPUTY contracted for
and assigned to provide LAW ENFORCEMENT SERVICES at the PAINT CREEK TRAIL
shall work, during those hours that the COMMISSION is being charged, only on PAINT
CREEK TRAIL related LAW ENFORCEMENT SERVICES matters. The COMMISSION
agrees, however, that whenever any DEPUTY contracted for and assigned to provide LAW
ENFORCEMENT SERVICES under this CONTRACT is not present at the PAINT CREEK
TRAIL due to any of the reasons described in the following subparagraphs, such periods of
time shall be included in and counted towards hours of LAW ENFORCEMENT SERVICES
provided:
a. Appearance in any court or at any meeting with any other law enforcement agency,
in connection with any prosecution or court appearance related to COMMISSION law
enforcement activities.
b. Performance of any LAW ENFORCEMENT SERVICES for the COMMISSION which
takes the DEPUTY away from the PAINT CREEK TRAIL.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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c. Any time expended transporting any person arrested by any DEPUTY during the
course of providing LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL to
the Oakland County Jail in Pontiac, Michigan including any reasonable length of time
spent at the Oakland County Jail by any DEPUTY while booking such person(s).
d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any
applicable union or employment contract.
e. The performance of any LAW ENFORCEMENT SERVICES related duty or
obligation which takes any DEPUTY away from the PAINT CREEK TRAIL but began
or arose while any DEPUTY was providing LAW ENFORCEMENT SERVICES at
PAINT CREEK TRAIL (e.g., hot pursuit, transporting a person for medical attention).
4. Subject to the SHERIFF'S absolute right to consolidate the assigned shifts of his DEPUTIES
in order to concentrate law enforcement efforts to meet particular LAW ENFORCEMENT
SERVICES priorities and needs, the SHERIFF shall assign DEPUTIES at PAINT CREEK
TRAIL under this CONTRACT so as to provide the broadest possible coverage of LAW
ENFORCEMENT SERVICES.
5. The COMMISSION agrees to pay the 0.C.S.O. for each hour of each DEPUTY'S LAW
ENFORCEMENT SERVICES rendered pursuant to this CONTRACT at the rates shown in
Attachment B. In addition, the COMMISSION agrees to reimburse the 0.C.S.O. for any and
all overtime premiums incurred and paid by the 0.C.S.O. in providing LAW ENFORCEMENT
SERVICES to the COMMISSION at the PAINT CREEK TRAIL under the terms of this
CONTRACT.
6. For every bi-weekly period of time (corresponding to established 0.C.S.O. payroll periods)
during which any DEPUTY rendered any LAW ENFORCEMENT SERVICES to the
COMMISSION at the PAINT CREEK TRAIL pursuant to this CONTRACT, the 0.C.S.O. shall
prepare and send to the COMMISSION an invoice which sets forth the amount due for each
DEPUTY'S services rendered during that bi-weekly period, plus any charges for additional
hours of work, any overtime premiums incurred, and/or holiday pay during that bi-weekly
billing period. The COMMISSION agrees to pay the COUNTY the full amount due on any
such invoice within 30 days of the invoice date.
7. The COMMISSION has to its satisfaction examined the 0 .C.S.O's wage and cost structures
and acknowledges and agrees that the reimbursement that the COMMISSION is to pay to
the COUNTY under the terms of this CONTRACT is not intended to result in any net
financial gain or profit for the COUNTY, but is established to guarantee that the 0.C.S.O. is
fully reimbursed for any and all salary costs, including overtime, and other related and
necessary fringe benefit costs and expenses that the COUNTY is req uired to pay to, and on
behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to
provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL under the terms of this
CONTRACT.
8. The 0.C.S.O. agrees that any 0.C.S.O. payroll policies, payroll or attendance records,
procedures, employment contracts, etc., applicable to the determination of the applicable
costs and amounts that the COMMISSION is to reimburse and pay to the COUNTY pursuant
to this CONTRACT shall be made available by appointment with the 0.C.S.O. upon request
for inspection by the COMMISSION.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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9. The 0.C.S.O. and the COMMISSION agree and acknowledge that the LAW
ENFORCEMENT SERVICES activities provided for under the terms of this CONTRACT are
strictly limited to those governmental law enforcement functions authorized by law and the
LAW ENFORCEMENT SERVICES provided for under this CONTRACT are exclusively
governmental activities and functions of the type and nature that would be normally
supported by tax dollars, and that this CONTRACT simply acknowledges the unusual
circumstances and increased law enforcement needs and demands created by the
popularity of the PAINT CREEK TRAIL and the correspondingly increased financial burden
on governmental law enforcement agencies as a result.
10. The COMMISSION acknowledges that, except as provided for under the terms of this
CONTRACT, the SHERIFF has only a limited responsibility for law enforcement services at
the PAINT CREEK TRAIL and is not otherwise required, except as provided herein, to
assign any specific number(s) or rank(s) of 0.C.S.O. DEPUTIES to provide LAW
ENFORCEMENT SERVICES at the PAINT CREEK TRAIL.
11. The COMMISSION 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 law enforcement resources, his overall evaluation of Oakland County's
immediate law enforcement needs, and his determination as to the allocation of 0.C.S.O.
law enforcement personnel at that time to best serve the citizens of Oakland County, the
SHERIFF, and/or the 0.C.S.O., may be unable to assign any or all of the DEPUTIES
contemplated to provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL during
the term of this CONTRACT. The COMMISSION acknowledges and agrees that this
CONTRACT does not, and is not intended to, create either any absolute right in favor of the
COMMISSION, or any corresponding absolute duty or obligation upon the SHERIFF or the
0.C.S.O. to guarantee that any specified numbers or ranks of deputies will be present to
provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL at any time. The
COMMISSION acknowledges and agrees that the 0.C.S.O's good faith and reasonable
efforts to cooperate with the COMMISSION in providing LAW ENFORCEMENT SERVICES
and to develop the necessary schedules, budgets and plans to enable it to provide the
numbers and ranks of DEPUTIES contemplated in Attachment B, and the promised
professionalism of the 0.C.S.O. in these regards as demonstrated throughout previous
similar agreements, are appropriate and adequate consideration to justify the
COMMISSION's decision to enter into this CONTRACT.
12. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all
DEPUTIES contemplated in Attachment B at the PAINT CREEK TRAIL on any given day, he
shall verbally communicate that fact to the COMMISSION as soon as such fact becomes
reasonably known to him.
13. The SHERIFF and the COUNTY reserve to themselves any rights and obligation relating to
the provision of any and all police and/or governmental law enforcement services, and this
CONTRACT does not, and is not intended to, diminish, divest, impair, or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity,
immunity, or character of office of either the SHERIFF, the COUNTY, and/or any DEPUTY.
14. The COMMISSION and the 0.C.S.O. agree that neither the 0.C.S.O. nor any DEPUTY, by
virtue of this CONTRACT or otherwise, shall be considered or asserted to be an employee,
contractor, subcontractor, partner, joint venturer, representative, or agent of the
OAKLAND COUNTY SHERIFF'S OFFICE
2016 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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COMMISSION, and further agree that, at all times and for all purposes under the terms of
this CONTRACT, the 0.C.S.O.'s and all DEPUTIES' relationship to the COMMISSION shall
be controlled and governed by the terms of this CONTRACT.
a. The COMMISSION agrees and warrants that, at all times and for all purposes
relevant to this CONTRACT, the 0.C.S.O. shall remain the sole and exclusive
employer of all DEPUTIES and that the 0.C.S.O. shall remain solely and exclusively
responsible for the direct payment to any DEPUTY of any DEPUTY'S wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based, in any way, upon any DEPUTY'S
status as an employee of the 0.C.S.O.
b. The COMMISSION agrees and warrants that it shall not grant, give, allow, pay,
reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges,
gifts, equipment, personal property, supplies, benefits, entitlement, consideration
(monetary or otherwise), or any other thing of value, either directly or indirectly, to, for
the use by, or on behalf of, any individual DEPUTY, except that any money paid
directly to the COUNTY by the COMMISSION to reimburse the COUNTY for its costs
pursuant to this CONTRACT shall not be deemed consideration paid by the
COMMISSION to any DEPUTY.
c. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is
not intended to create, grant, modify, supplement, supersede, alter, or otherwise
affect or control, in any manner or form: (a) any right, privilege, benefit, or any other
term(s) or condition(s) of employment, of any kind or nature whatsoever, in, upon, or
for any DEPUTY and/or any DEPUTY'S agents, representatives, unions, or the
successors or assigns of any of them; (b) any applicable 0.C.S.O. employment
and/or union contract(s); (c) any level(s) or amount(s) of DEPUTY supervision,
standard(s) of performance, training and education standard(s); and/or (d) any
0.C.S.O. rule(s), regulation(s), hours of work, shift assignment(s), order(s),
policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely
and exclusively, govern and control the employment relationship between the
0.C.S.O. and/or all conduct and actions of all DEPUTIES.
d. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is
not intended to, limit, modify, control, or otherwise affect in any manner the
SHERIFF's sole and exclusive right, obligation, and responsibility to determine,
establish, modify, or implement any and all operational policies, procedures, orders,
rules, regulations, ethical guidelines, and/or any other judgment, policy or directive
which in any way governs or controls any activity or the performance of any duty by
any DEPUTY. The COMMISSION further agrees that this CONTRACT does not
obligate or require the SHERIFF or the 0.C.S.O. to change, alter, modify, use, or
develop any different or special LAW ENFORCEMENT SERVICES policies,
practices or procedures for use at PAINT CREEK TRAIL.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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e. The COMMISSION agrees that this CONTRACT does not, and is not intended to
include any 0.C.S.O. warranty, promise, or guaranty, either express or implied, of
any kind or nature whatsoever, in favor of the COMMISSION, any COMMISSION
AGENT(S), or any person attending PAINT CREEK TRAIL, that any LAW
ENFORCEMENT 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 PAINT CREEK TRAIL, or any other such performance-based
outcome, but only that the SHERIFF will make every reasonable effort to provide
professional LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL, in
accordance with generally accepted standards for LAW ENFORCEMENT
SERVICES with the DEPUTIES contracted for in Attachment B.
f. Under the terms of this CONTRACT, the COMMISSION agrees and promises that
no DEPUTY shall be asked or required to perform any services directly for the
COMMISSION or otherwise be available to perform any other work or assignments
from the COMMISSION or be expected to perform any acts other than governmental
law enforcement functions or LAW ENFORCEMENT SERVICES, and that no
DEPUTY shall be employed, in any manner or capacity, by the COMMISSION.
g. The COMMISSION agrees that neither the COMMISSION nor any COMMISSION
AGENT(S) shall otherwise provide, furnish or assign any DEPUTY with any job
instructions, job descriptions, job specifications, or job duties, tools, supplies, or
equipment, or in any manner attempt to control, supervise, train, or direct any
DEPUTY in the performance of any 0.C.S.O. duty or obligation to provide LAW
ENFORCEMENT SERVICES under the terms of this CONTRACT.
h. The SHERIFF shall designate one DEPUTY assigned to provide LAW
ENFORCEMENT SERVICES at PAINT CREEK TRAIL under this CONTRACT as a
"Communications Liaison" for the purpose of maintaining communications with the
COMMISSION Chairperson. The COMMISSION Chairperson, or a designated
COMMISSION AGENT(S), may contact the Communications Liaison to request,
advise, or otherwise make the 0.C.S.O. aware of particular LAW ENFORCEMENT
SERVICES needs and services at PAINT CREEK TRAIL or to provide other relevant
information. The COMMISSION Chairperson, or designated COMMISSION
AGENT(S), may bring to the SHERIFF's attention any concerns regarding the
assignment of any DEPUTY to PAINT CREEK TRAIL, however, the SHER1FF's
decision on the assignment of any DEPUTY shall be final. The Communications
Liaison DEPUTY shall, to the extent that any such communication would not
interfere in an ongoing criminal investigation or prosecution, keep the COMMISSION
Chairperson reasonably informed regarding criminal and/or law enforcement
activities at PAINT CREEK TRAIL.
i. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is
not intended to, limit, modify, control, or otherwise affect in any manner the
SHERIFF's complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any DEPUTY, or any other person, who, in the SHERIFF's
sole judgment, he does not believe is qualified or otherwise fit to be a 0.C.S.O.
DEPUTY.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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The COMMISSION and the 0.C.S.O, agree that this CONTRACT does not, and is
not intended to, limit, modify, control, or otherwise affect in any manner the
0.C.S.O.'s complete and unilateral discretion, responsibility, and right, subject only to
its collective bargaining agreements, to employ, compensate, assign, reassign,
transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any
0.C.S.O. DEPUTY and/or pay any and all 0.C.S.O. DEPUTY wages, salaries,
allowances, reimbursements, compensation, fringe benefits, or otherwise decide any
and all such terms and conditions of employment and make any and all employment
decisions that affect, in any way, the employment of any 0.C.S.O. DEPUTY with the
OAKLAND COUNTY SHERIFF'S DEPARTMENT.
k. The COMMISSION and the 0.C.S.O. agree that the 0.C.S.O. shall be solely and
exclusively responsible for providing DEPUTIES with all necessary tools,
automobiles, radios, communications equipment, firearms, and any and all other
equipment that the 0.C.S.O., in its sole judgment, deems required or beneficial for
the completion of any 0.C.S.O. duty under the terms of this CONTRACT. The
0.C.S.O. shall also be solely and exclusively responsible for any and all DEPUTIES'
business expenses, licenses, taxes, uniform or equipment costs, insurance(s),
supplies, etc. In the event that the COMMISSION desires any special or additional
personal property or equipment (e.g., cellular telephones, pagers, automobiles,
motorcycles, etc.) be provided, at COMMISSION expense or otherwise, to any
DEPUTY assigned to PAINT CREEK TRAIL, the COMMISSION shall direct such
requests to the 0.C.S.O. which shall solely decide whether such personal property or
special equipment shall be provided. Any and all such additional personal property,
portable or individual use equipment or property, and/or any special equipment to be
provided by the COMMISSION, shall be provided directly and exclusively to the
0.C.S.O.
15. The COMMISSION agrees that this CONTRACT does not, and is not intended to, create by
implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit,
and/or special right to 0.C.S.O. LAW ENFORCEMENT SERVICES or governmental law
enforcement protection in favor or to the benefit of any person beyond the 0.C.S.O's and/or
any DEPUTY'S governmental law enforcement officer duty, as established under existing
law to the general public. The COMMISSION agrees that at all times, and for any and all
purposes under this CONTRACT, the 0.C.S.O. and /or any DEPUTY present at the PAINT
CREEK TRAIL shall be present strictly and solely to perform LAW ENFORCEMENT
SERVICES 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 COMMISSION to provide any particular,
direct, or specific service or benefit to or for the COMMISSION, any COMMISSION
AGENT(S), or any patron or other person present at PAINT CREEK TRAIL.
16. The COMMISSION agrees that the CONTRACT does not, and is not intended to, transfer,
delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil
or legal responsibility, obligation, duty of care, or liability associated with the ownership,
maintenance, or operation of the PAINT CREEK TRAIL. The COMMISSION agrees that it
shall, at all times and under all circumstances, remain solely and exclusively responsible for
any and all costs, obligations, and/or civil liabilities associated with owning and operating the
PAINT CREEK TRAIL and/or permitting any person to use the PAINT CREEK TRAIL,
including, but not limited to, the provision of any emergency medical treatment, rendering
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
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any first aid or medical treatment facilities, providing or implementing any fire or emergency
evacuation plans or procedures, providing for all basic crowd control, security services or
obligations, safety functions, and/or any other activity associated with the normal operation
of the PAINT CREEK TRAIL which is not expressly within the definition of LAW
ENFORCEMENT 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. The COMMISSION further
agrees that it shall not reduce, eliminate, or otherwise fail to provide, in any way, the same
number(s) and type(s) of security, emergency, or other personnel and/or the scope of
security and emergency service(s) or protection(s) that the COMMISSION normally provides
to any COMMISSION AGENT(S) or any person attending.
17. The COMMISSION agrees that no COMMISSION 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 COMMISSION agrees
that it shall be solely and completely liable for any and all COMMISSION AGENT(S)' past,
present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension
or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but
not limited to, worker's disability compensation benefits, unemployment compensation,
social Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any COMMISSION
AGENT(S)' statutory, contractual, or constitutional rights by the COMMISSION, the
COUNTY or any COUNTY AGENT(S)). The COMMISSION agrees to indemnify and hold
harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all
CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or
any COUNTY AGENT(S) by any COMMISSION AGENT(S) which are based upon, result
from, or arise from, or are in any way related to any COMMISSION AGENT(S)' wages,
compensation, benefits, or other employment-related rights, including, but not limited to,
those described in this Paragraph.
18. The COMMISSION agrees that it shall be solely and exclusively responsible, during the term
of this CONTRACT, for guaranteeing that all COMMISSION AGENT(S) fully cooperate with
all DEPUTIES in providing any LAW ENFORCEMENT SERVICES pursuant to this
CONTRACT.
19. Each Party shall be responsible for any CLAIMS made against that party and for the acts of
its Employees or AGENTS.
20. In any CLAIMS that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such representation
including any attorney fees.
21. Except as otherwise provided in this Agreement, 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.
22. This Agreement does not and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity
of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental
immunity for either Party.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
Page 9 of 14
23. Except as expressly provided herein, this CONTRACT does not, and is not intended to,
create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit,
and/or right to be indemnified, or any other right of any kind, in favor of any person,
organization, alleged third party beneficiary, or any right to be contractually, legally,
equitably, or otherwise subrogated to any indemnification or any other right provided under
the terms of this CONTRACT.
24. The COMMISSION agrees that it may not assign, delegate, contract, subcontract or
otherwise, transfer, promise, commit, or loan any 0.C.S.O.'s or any DEPUTY'S LAW
ENFORCEMENT SERVICES or duties under this CONTRACT to any other person and/or
public or private corporation, entity, or organization of any kind.
25. The COMMISSION represents and warrants that it has reviewed all of its current or
proposed lease and licensing agreements with its patrons, concessionaires, promoters,
vendors, and other persons who are or may become contractually involved with the
COMMISSION for any events or activities at PAINT CREEK TRAIL, and hereby represents
and warrants that the COMMISSION 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
COMMISSION, and COMMISSION AGENT(S), or any other person from complying with the
COMM1SSION's obligations and duties as set forth in this CONTRACT.
26. The COMMISSION agrees that it shall promptly deliver to the 0.C.S.O. written notice and
copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s)
of negligence or other wrongdoing, whether civil or criminal in nature, that the COMMISSION
becomes aware of which involves in any way the 0.C.S.O, or any DEPUTY. The
COMMISSION agrees to cooperate with the 0.C.S.O. in any investigation conducted by the
0.C.S.0 into any act(s) or work performance of any DEPUTY.
27. Subject to the following Paragraph, this CONTRACT shall become effective on June 1,
2015, and shall remain in effect until it expires without any further act or notice being
required of any party, at 11:59 p.m. on November 30, 2015. Either the COUNTY, the
SHERIFF, or the COMMISSION may cancel this CONTRACT for any reason without
incurring any penalty or liability to any party as a result, before its scheduled expiration, by
delivering a written notice of cancellation of this CONTRACT to the other two parties at least
thirty (30) days before the effective date of cancellation (which cancellation date shall be
clearly stated in the notice), and at 11:59 P.M. on the stated effective date of cancellation,
this CONTRACT shall be canceled.
28. This CONTRACT, and any subsequent amendments, shall not become effective priori° the
approval by concurrent resolutions of the COUNTY Board of Commissioners and the
COMMISSION Council. The approval and terms of the CONTRACT shall be entered into
the official minutes and proceedings of the COUNTY Board of Commissioners and
COMMISSION Council and shall also be filed with the office of the Clerk for the COUNTY
and the COMMISSION. In addition, this CONTRACT, and any subsequent amendments,
shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.O. and shall
not become effective or implemented prior to its filing with the Secretary of State.
29. The parties shall send, by first class mail, all correspondence and written notices required or
permitted by this CONTRACT to each of the signatories of this CONTRACT, or any
signatory successor in office, to the addresses shown in this CONTRACT. Except as
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
Page 10 of 14
otherwise provided for herein, all correspondence or written notices shall be considered
delivered to a party as of the date that such notice is deposited with sufficient postage with
the U.S. Postal Service.
30. This CONTRACT is made and entered into the State of Michigan and shall in all respects be
interpreted, enforced and governed under the laws of the State of Michigan. The language
of all parts of this CONTRACT is intended to and, in all cases, shall be construed as a whole
according to its fair meaning and not construed strictly for or against any party. As used in
this CONTRACT, the singular or plural number, possessive or non-possessive shall be
deemed to include the other whenever the context to suggest or requires.
31. Absent an express written waiver, the failure of any party to pursue any right granted under
this CONTRACT shall not be deemed a waiver of that right regarding any existing or
subsequent breach or default under this CONTRACT. No failure or delay on the part of any
party in exercising any right, power or privilege hereunder shall operate as a waiver thereof,
nor shall a single or partial exercise of any right, power or privilege preclude any other or
further exercise of any other right, power privilege.
32. The COUNTY, the SHERIFF, and the COMMISSION acknowledge that his CONTRACT
shall be binding upon each of them and, to the extent permitted by law, upon their
administrators, representatives, subsidiaries, executors, successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
33. This CONTRACT sets forth the entire agreement for increased LAW ENFORCEMENT
SERVICES at PAINT CREEK TRAIL between the 0.C.S.O. and the COMMISSION and fully
supersedes any and all prior agreements or understandings between them in any way
related to the subject matter hereof. It is further understood and agreed that the terms and
conditions herein are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the 0.C.S.0 and the
COMMISSION in any way related to the subject matter hereof, except as expressly stated
herein. This CONTRACT shall not be changed or supplemented orally and may be
amended only by concurrent resolutions of the COUNTY Board of Commissioners and the
COMMISSION Council.
34. For and in consideration of the mutual promises, acknowledgements, representations, and
agreements set forth in this CONTRACT, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and
the COMMISSION hereby agree and promise to be bound by the terms and provisions of the
CONTRACT.
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
Page 11 of 14
IN WITNESS WHEREOF, DAVID BECKER, Chairperson, PAINT CREEK TRAILWAYS
COMMISSION, hereby acknowledges that he has been authorized by the Commission to execute
this Contract on behalf of the PAINT CREEK TRAILWAYS COMMISSION and hereby accepts and
binds the COMMISSION to the terms and conditions of this CONTRACT on this day
of ,2015.
WITNESS: PAINT CREEK TRAILWAYS COMMISSION
By: By:
DAVID BECKER, Chairperson
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 to the terms
and conditions of this Agreement on this day of , 2015.
WITNESS: OAKLAND COUNTY BOARD OF COMMISSIONERS
By: By:
MICHAEL J. GINGELL, Chairperson
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as OAKLAND COUNTY
SHERIFF, a Michigan Constitutional Office, hereby concurs ad accepts the terms and conditions of
this Agreement on this day of , 2015.
WITNESS: OAKLAND COUNTY SHERIFF
By:
MICHAEL J. BOUCHARD
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAIL WAYS COMMISSION
Page 12 of 14
ATTACHMENT A
PAINT CREEK TRAILWAYS COMMISSION'S REQUEST FOR LAW ENFORCEMENT 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: David Becker, Chairperson (or designated representative)
PAINT CREEK TRAILWAYS COMMISSION
4393 Collins Road
Rochester, MI 48306
Phone: 248-651-9260; Fax: 248-601-0106
The COMMISSION, pursuant to the OAKLAND COUNTY SHERIFF'S OFFICE 2015 LAW ENFORCEMENT
SERVICES AGREEMENT WITH PAINT CREEK TRAILWAYS COMMISSION requests that the SHERIFF
provide LAW ENFORCEMENT SERVICES at PAINT CREEK TRAIL in accordance with the following:
Number of PTNE Mounted Deputies:
Duration: Start Date End Date
Number of Hours Each Day:
Total Number of Hours:
The undersigned acknowledges and affirms that he or she has been authorized by the PAINT CREEK
TRAILWAYS COMMISSION to make this request and bind the COMMISSION to reimburse the COUNTY OF
OAKLAND for any COUNTY COSTS incurred in response to preparing or assigning the above Number(s)
and Rank(s) of SHERIFF'S DEPUTIES to provide DEPUTY SERVICES at PAINT CREEK TRAIL.
Date:
DAVID BECKER, CHAIRPERSON
(or designated representative)
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
Page 13 of 14
ATTACHMENT B
2015 Hourly Rates
PTNE Mounted Deputy-Regular Rate
PTNE Mounted Deputy-Overtime Rate
$16.98
$25.48
OAKLAND COUNTY SHERIFF'S OFFICE
2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
PAINT CREEK TRAILWAYS COMMISSION
Page 14 of 14
Resolution #15068 March 18, 2015
The Chairperson referred the resolution to the Finance Committee, There were no objections.
FISCAL NOTE (MR. #15068) April 2, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 2015 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Paint Creek Trailways Commission has requested the Oakland County Sheriff's Office
provide Law Enforcement Mounted Patrol Services for the 2015 season.
2. The Oakland County Sheriff's Office and Paint Creek Trailways proposed a contract for
continued services of two (2) GF/GP PTNE Mounted Deputy positions (position numbers
4030616-116181-09748 and 09749) at 1,150 hours each per year; and for one (1) GF/GP
PTNE Mounted Deputy (position number 4030616-116181-09750) at 1,200 hours per year;
the total authorized hours for all three positions reflects the additional 500 hours added per
M.R. #06129.
3. The rates for this service are reflected in Attachment B of this contract.
4. The proposed agreement will result in $59,430 in revenue and expenditures which is already
included in the FY 2015 Budget.
5. The Mounted Deputy positions are expected to be continued, as well as the law enforcement
services contract, and therefore, will be reflected in the County Executive Recommended
Budget for FY 2016, FY 2017, and FY 2018.
6. No budget amendment is required.
"4,4)NcE commi
FINANCE COMMITTEE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #15068 April 2, 2015
Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted),
AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYES: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
0 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 April 2, 2015,
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 2nd day of April 2015.
Lisa Brown, Oakland County