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HomeMy WebLinkAboutResolutions - 2017.08.10 - 23053REPORT (MISC. #17212) August 10, 2017 BY: Commissioner Bob Hoffman, Chairperson, Human Resources Committee IN RE: MR #17212 - SHERIFF'S OFFICE-DELETION OF POSITIONS FOR CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above-referenced resolution on August 2, 2017, reports with the recommendation that the resolution be amended, as follows: 1. Amend the title, as follows: IN RE: SHERIFF'S OFFICE-DEL-M041,1=Gi=110SITIONS-FGR CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2017 SEASON 2. Amend the 3 rd WHEREAS paragraph, as follows: WHEREAS the City of Dearborn initially did not request to renew the contract between the County and the City of Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the 2017/2018 seasons; and 3. Delete the 4th WHEREAS paragraph. 4. Add the following as the 4' and 5' WHEREAS paragraphs: WHEREAS the City has reconsidered their decision and would like the Sheriff's Office to provide limited services for the remainder of the 2017 season; and WHEREAS the Sheriff's Office, in conjunction with the City of Dearborn, is proposing to provide services on an overtime basis on the weekends from July 14, 2017, through September 4, 2017; and 5. Amend the original 5th WHEREAS paragraph as the 6th WHEREAS, as follows: WHEREAS due to the reduced service level, the Sheriff's Office is proposing to delete the following ten (10) GF/GP part-time non-eligible (PTNE) Court/Park Deputies (Position # 4030616-07157, 07158, 07159, 07160, 07161, 071621 071631 07164, 07165, and 07166) related to the contract; and 6. Add the following as the rh and e WHEREAS paragraphs: WHEREAS M.R. #16316 established the overtime rates for the 2017 calendar year; and WHEREAS the contract and rates for 2017 season have been through the Executive review process, ; and 7. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners ceseg-Riz-es-the authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the City of Dearborn for the purpose of Law Enforcement Patrol Service at the overtime rates included in the attached contract. Chairperson, on behalf of the Human Resources CommittW - ve the acceptance of the foregoing report. E44-1 Chairperson, Hunian Resources Committee HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #17212 July 19, 2017 BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee IN RE: SHERIFFS OFFICE-DELETION OF POSITIONS FOR CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES 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 Miscellaneous Resolution #14104 approved a three-year contract between the City of Dearborn and the County; and WHEREAS the City of Dearborn did not request to renew the contract between the County and the City of Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the 2017/2018 seasons; and WHEREAS the Sheriff has agreed to the cancellation or expiration of this contractual arrangement; and WHEREAS the Sheriff's Office is proposing to delete the following ten (10) GF/GP part-time non-eligible (PTNE) Court/Park Deputies (Position # 4030616-07157, 07158, 07159, 07160, 07161, 07162, 07163, 07164, 07165, and 07166) related to the contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes the cancellation or expiration of the Law Enforcement Agreement with the City of Dearborn, BE IT FURTHER RESOLVED to delete ten (10) GF/GP PTNE Court/Park Deputy positions (#4030616- 07157, 07158, 07159, 07160, 07161, 07162, 07163, 07164, 07165, and 07166) in the Sheriff's Department/Patrol Services/Contracted Patrol — Parks. Chairperson, on behalf of the Public Services Committee, I move the adoptigni of the foregoing resolution. Frimissiane.2111 Dwyer, District #14 Chairperson, Public Services Committee PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Tietz absent. OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES This CONTRACT is made and entered into between the CITY OF DEARBORN, a Michigan Constitutional and Municipal Corporation, whose address is 13165 Michigan Ave., Dearborn, Michigan 48126 (hereafter the "CITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 ("COUNTY"). The COUNTY is also represented by the OAKLAND COUNTY SHERIFF, MICHAEL J. BOUCHARD, in his official capacity as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 E., Pontiac, Michigan 48341 ("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 INTRODUCTION: A. The CITY owns and operates a campground and recreational area located in Oakland County at 1700 General Motors Road, Milford, Michigan 48042 (hereafter "CAMP DEARBORN" and as further defined in the "Definitions" section of this CONTRACT); B. The CITY is authorized to provide police services for the protection of persons and property at CAMP DEARBORN; C. The 0.C.S.O. is authorized to provide LAW ENFORCEMENT SERVICES within Oakland County but, absent an agreement such as this, has only limited responsibility for any LAW ENFORCEMENT SERVICES at CAMP DEARBORN; D. The CITY has requested to enter into an agreement with the OAKLAND COUNTY SHERIFF'S OFFICE whereby 0.C.S.O. "DEPUTIES" would provide additional LAW ENFORCEMENT SERVICES at CAMP DEARBORN; E. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the CITY and the COUNTY may enter into an agreement where the 0.C.S.O. would provide additional LAW ENFORCEMENT SERVICES at CAMP DEARBORN for the CITY; F. Due to fiscal and practical restrictions, the SHERIFF is limited in his ability to reassign DEPUTIES to provide LAW ENFORCEMENT SERVICES at CAMP DEARBORN as part of their normal shift assignments and duties. However, the 0.C.S.O. may be able to provide supplemental LAW ENFORCEMENT SERVICES at CAMP DEARBORN on an overtime basis. G. The CITY, in recognition of the expense to the 0.C.S.O. in providing increased LAW ENFORCEMENT SERVICES at the CAMP DEARBORN, has agreed to pay all COUNTY costs incurred in providing DEPUTIES for increased LAW ENFORCEMENT SERVICES at CAMP DEARBORN. H. The 0.C.S.O. is agreeable to providing DEPUTIES for supplemental LAW ENFORCEMENT SERVICES at CAMP DEARBORN 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 any increased financial burdens or the assumption of any additional liabilities to County taxpayers. THEREFORE it is mutually agreed as follows: 1. Definitions. In addition to the terms and expressions defined elsewhere in this CONTRACT, the following terms, whether used in the singular or plural, possessive or non-possessive, and/or within or without quotation marks, shall be defined, read, and interpreted as follows: OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 1 of 11 1.1. "LAW ENFORCEMENT SERVICES'' means 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 nonemergency which, in the sole judgment of any DEPUTY, appears to require the presence, attention, or services of any DEPUTY to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, and related law enforcement functions as authorized and/or mandated by law. Additional 0.C.S.O. law enforcement Support Services, such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein, are NOT part of the LAW ENFORCEMENT SERVICES contemplated under the scope of this CONTRACT, however, such Support Services shall continue to be made available, at no additional cost to the CITY, to the same extent that the 0.C.S.O. continues to make such law enforcement Support Services available, at no additional charge, to all other communities within Oakland County. LAW ENFORCEMENT SERVICES, as defined in this CONTRACT, shall NOT include any responsibility or job duty of the CITY or any CITY AGENT(S) including, but not limited to, gate attendants, ticket sellers, ticket takers, ushers, directors, supervisors, parking attendants, managers, nurses, emergency medical personnel or technicians, security guards, safety personnel, complaint adjusters, or any other plant, operational, or administrative personnel who perform any general crowd control and supervision functions, search any packages and/or patrons for objects such as bottles, cans, or weapons, remove any objectionable patrons, signs or displays, determine any persons admissibility to CAMP DEARBORN, traffic control and supervision on CITY owned and operated property, become involved in any dispute resolution with any CITY AGENT(S) and/or any person attending CAMP DEARBORN, or enforce any CITY or CAMP DEARBORN rule, policy, or regulation which does not involve the enforcement of the general criminal laws of this state. 1.2. "CAMP DEARBORN" 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 located at 1700 General Motors Road, Milford, Michigan which are either owned, operated, or under the control or supervision of the CITY, and all immediately surrounding public roads and walkways which are occupied or carry persons or vehicles to or from CAMP DEARBORN. 1.3. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount for which the 0.C.S.O. becomes legally and/or contractually obligated to pay, or any other liabilities of any kind whatsoever whether direct, indirect or consequential whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.4. "CITY AGENT(S)" shall be defined to include any and all CITY officers, elected officials, appointed officials, directors, board members, employees, managers, departments, divisions, volunteers, agents, and representatives of the CITY, as well as any CITY 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 CITY. CITY AGENT(S) as defined in this CONTRACT shall also include any person who was a OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 2 of 11 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. 1.5. "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, Patrol Investigator, Detective Sergeant, Part-Time Park Deputy, or any other person of any rank, classification, or title who, pursuant to state law, is a sworn deputy of the Sheriff. 1.6. "COUNTY AGENT" means the OAKLAND COUNTY SHERIFF, SHERIFF MICHAEL J. BOUCHARD, and any and all other COUNTY elected and/or appointed officials, commissioners, officers, boards, committees, commissions, departments, divisions, trustees, volunteers, employees (including any and all 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 shall also include any person who was a COUNTY AGENT at any time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected and serving as an agent. 2. The SHERIFF, subject to the terms of this CONTRACT, shall assign 0.C.S.O. DEPUTIES, in such NUMBER(S) and RANK(S) as shown in Attachment A - 0.C.S.O. CONTRACTED DEPUTIES, to provide all of the LAW ENFORCEMENT SERVICES contemplated under this CONTRACT at CAMP DEARBORN. 3. The CITY 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 A. 4. For purposes of computing the LAW ENFORCEMENT SERVICES costs, the total hours worked by any DEPUTY shall include not only all hours worked in providing direct LAW ENFORCEMENT SERVICES at CAMP DEARBORN, but shall also include any time spent on the following activities: (a) Travel time, on a daily basis, to or from the SHERIFF'S DEPARTMENT, in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY shift starts or ends in Pontiac (b) any time expended transporting any person arrested by any DEPUTY during the course of providing LAW ENFORCEMENT SERVICES at CAMP DEARBORN 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), (c) any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract; (d) the performance of any LAW ENFORCEMENT SERVICES related duty or obligation which takes any DEPUTY away from CAMP DEARBORN but which began or arose while any DEPUTY was providing LAW ENFORCEMENT SERVICES at CAMP DEARBORN (e.g., hot pursuit, transporting a person for medical attention, an automobile accident occurring on the public road immediately outside CAMP DEARBORN, etc.); (e) appearance in any Court, or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to CITY law enforcement activities; and/or (f) performance of any LAW ENFORCEMENT SERVICES for the CITY which takes any DEPUTY outside of CAMP DEARBORN. 5. Upon CITY'S request, any 0.C.S.O. payroll policies, payroll or attendance records, procedures, employment contracts, etc. that are applicable to the determination of the total costs to be paid to the COUNTY by the CITY pursuant to this CONTRACT, will be made available by appointment with the 0.C.S.O. for inspection by the CITY. 6. The CITY has, to its satisfaction, examined the 0.C.S.O.'S wage and cost structures and acknowledges and agrees that the CITY'S payment 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, on an overtime basis, and other fringe benefit costs and expenses that the COUNTY is required to pay to, or on behalf of, any DEPUTIES providing supplemental LAW ENFORCEMENT SERVICES at CAMP OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 3 of 11 DEARBORN. 7. If CITY fails to make any payments on time, the 0.C.S.O. will have no further obligation to provide any LAW ENFORCEMENT SERVICES under the terms of this CONTRACT. In addition, if the CITY fails to pay the full amount due on any invoice within 30 days of the invoice date, the COUNTY reserves the right to charge up to the then-maximum legal interest on any unpaid balance. 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 Paragraph 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. Notwithstanding any other term and condition in this CONTRACT, if the COUNTY pursues any legal action in any court to secure its payment under this CONTRACT, the CITY agrees to pay all costs and expenses, including attorney's fees and court costs, incurred by the COUNTY in the collection of any amount owed by the CITY. 8. Subject to the SHERIFF's sole discretion and judgment as to the County-wide prioritization of his law enforcement resources and law enforcement needs, the CITY may request from the SHERIFF that he assign additional DEPUTIES to perform LAW ENFORCEMENT SERVICES at CAMP DEARBORN. The SHERIFF, subject to the terms of this CONTRACT, may assign any or all such additional requested DEPUTIES at the applicable Hourly Overtime Rates provided in Attachment A for the rank of each such additional DEPUTY assigned. 9. The 0.C.S.O. and the CITY agree and acknowledge that the LAW ENFORCEMENT SERVICES 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 summertime popularity of CAMP DEARBORN and the correspondingly increased financial burden on government law enforcement agencies as a result. 10. The CITY acknowledges that, except as provided for under the terms of this CONTRACT, the SHERIFF has only limited responsibility for law enforcement services at CAMP DEARBORN 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 CAMP DEARBORN. 11. The CITY acknowledges and agrees that there may be circumstances beyond the SHERI FF's control when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement 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, may be unable to assign any or all of the DEPUTIES contemplated to provide LAW ENFORCEMENT SERVICES on any particular date. 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 0.0.5.0., to guarantee that any specific number or rank of DEPUTIES will be present to provide LAW ENFORCEMENT SERVICES. The CITY acknowledges and agrees that the 0.C.S.O.'s good faith and reasonable efforts to cooperate with the CITY 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 at CAMP DEARBORN 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 CITY'S decision to enter into this CONTRACT. The CITY hereby agrees to waive any and all CLAIMS against the COUNTY, SHERIFF, or the 0.C.S.O. which arise in connection with, or as a result of, any alleged 0.C.S.O. failure to provide adequate LAW ENFORCEMENT SERVICES at CAMP DEARBORN. OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 4 all 12. If the SHERIFF is unable to provide any or all DEPUTIES necessary to supplement the existing available local LAW ENFORCEMENT SERVICES on any particular date, he will verbally communicate that fact to the CITY as soon as such fact becomes reasonably known to him. 13. 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. 14. 0.C.S.O. Independent Status. The CITY 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, sub-contractor, partner, joint venturer, representative, or agent of the CITY, and further agree that: 14.1. 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. 14.2. The CITY 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. 14.3. 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. 14.4. This CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the SHER1FF'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 of all DEPUTIES. 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 LAW ENFORCEMENT SERVICES policies, practices or procedures for use at CAMP DEARBORN. 14.5. 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 CAMP DEARBORN, 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 CAMP OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 5 of 11 DEARBORN, or any other such performance-based outcome. 14.6. 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 LAW ENFORCEMENT SERVICES, and that no DEPUTY shall be employed in any manner or capacity by the CITY. 14.7. 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, 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. 14.8. 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. 14.9. 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 0.C.S.O. 14.10. 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. Notwithstanding the above, in the event that the CITY desires any special or additional personal property or equipment (e.g., cellular telephones, pagers, automobiles, motorcycles, etc.) be provided, at CITY expense or otherwise, to any DEPUTY assigned to CAMP DEARBORN, the CITY 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 CITY, shall be provided directly and exclusively to the 0.C.S.O. 15. 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 any LAW ENFORCEMENT SERVICES in favor of the CITY, any CITY AGENT(S), and/or any patron or other person at CAMP DEARBORN. Further 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 CAMP DEARBORN shall be present strictly and solely to perform its governmental law enforcement function authorized by law and for the benefit of the general public, and under no circumstances shall any DEPUTY undertake any activity or duty on behalf of the CITY or provide any particular or specific service or benefit to or for the CITY, any CITY AGENT(S), or any patron or other person at CAMP DEARBORN. 16. 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 associated with the ownership, maintenance, or operation of CAMP DEARBORN. 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 OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 6 of 11 owning and operating CAMP DEARBORN, including, but not limited to, the provision of any Emergency Medical Treatment, rendering any first aid or medical treatment facilities, providing or implementing any fire or emergency evacuation plans or procedures, providing for basic crowd control, security services or obligations, safety functions, and/or any other activity associated with CAMP DEARBORN that is not within the definition of LAW ENFORCEMENT SERVICES or otherwise a governmental law enforcement function under the terms of this CONTRACT and which is not under the control and direction of the 0.C.S.O. The CITY 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 CITY normally provides to any CITY AGENT(S) or any person at CAMP DEARBORN, due to the presence of the 0.C.S.O. and/or any DEPUTY at CAMP DEARBORN. 17. The CITY agrees that no CITY AGENT 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 C.O.S.°. 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, worker's disability compensation, unemployment cornpensation, 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 Paragraph. 18. The CITY shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all CITY AGENT(S): (a) follow all lawful orders of any DEPUTY performing any duties under this CONTRACT; (b) fully cooperate with all DEPUTIES in providing any LAW ENFORCEMENT SERVICES pursuant to this CONTRACT; and (c) conform their activities to comply with the terms of this CONTRACT. 19. The CITY freely and voluntarily consents to and agrees that the 0.C.S.O. and all DEPUTIES, while providing LAW ENFORCEMENT SERVICES under the terms of this CONTRACT, shall have free and open access to any and all premises, areas and locations at CAMP DEARBORN. 20. Each Party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or AGENTS. 21. 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. 22. Except as otherwise provided in this CONTACT, 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. 23. 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. This CONTRACT does not, and is not intended to, impair, divest, delegate or contravene any OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 7 of 11 constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this CONTRACT shall be construed as a waiver of governmental immunity for either Party. 25. 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'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. 26. The CITY 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 CITY for CAMP DEARBORN, and hereby represents and warrants that the CITY 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 CITY, any CITY AGENT(S), or any other person from complying with the CITY's obligations and duties as set forth in this CONTRACT. 27. 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. 28. Subject to the following Paragraph, this CONTRACT shall become effective upon being approved by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council and being filed with the Secretary of State 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 September 5, 2017, Notwithstanding the effective date of this CONTRACT, the LAW ENFORCEMENT SERVICES provided under this CONTRACT will begin on July 14, 2017, and will continue through September 5, 2017. The CITY agrees to pay the 0.C.S,O. for each hour of each DEPUTY'S LAW ENFORCEMENT SERVICES rendered pursuant to this CONTRACT beginning on July 14, 2017, at the rates shown in Attachment A. 29. 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 Council. The approval and terms of this CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council 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 0.C.S.O. and shall not become effective prior to its filing with the Secretary of State. 30. Either the COUNTY, the SHERIFF, or the CITY may cancel this CONTRACT for any reason without incurring any penalty or liability to any party as a result, before its scheduled expiration, by delivering a written notice of cancellation of this CONTRACT to the other two parties at least thirty (30) days before the effective date of cancellation (which cancellation date shall be clearly stated in this written notice), and at 11:59 P.M. on the stated effective date of cancellation, this CONTRACT shall be canceled. CITY will remain obligated to reimburse the 0.C.S.0. for any and all costs (e.g., minimum overtime pay, minimum contract call-in or overtime notice provisions, etc.) already incurred by the COUNTY and/or SHERIFF prior to the cancellation effective date. 31. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this CONTRACT to each of the signatories of this CONTRACT, or any signatory successor in office, to the addresses shown in this CONTRACT. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage, with the U.S. Postal Service. 32. This CONTRACT is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 8 of 11 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. 33. 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. 34. 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. 35. This CONTRACT, sets forth the entire agreement for increased LAW ENFORCEMENT SERVICES for CAMP DEARBORN 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 Council. 36. 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 COUNTY, the SHERIFF, and the CITY hereby agree and promise to be bound by the terms and provisions of this CONTRACT. IN WITNESS WHEREOF, John B. O'Reilly, Jr., Mayor, for the CITY OF DEARBORN, hereby acknowledges that he has been authorized by a resolution of the CITY Council (a certified copy of which is attached) to execute this Contract on behalf of the CITY OF DEARBORN, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the CITY OF DEARBORN to the terms and conditions of this CONTRACT on this day of , 2017. WITNESS: CITY OF DEARBORN, a Michigan Constitutional and Municipal Corporation By: JOHN B. O'REILLY, Jr., Mayor, City of Dearborn IN WITNESS WHEREOF, Michael Gingell, Chairperson of the Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the CONTRACT on this day of ,2017. WITNESS: COUNTY OF OAKLAND, a Michigan OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 9 ()fit Constitutional and Municipal Corporation By: Michael Gingell, Chairperson, Board of Commissioners IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County Sheriff to the terms and conditions of this CONTRACT on this day of , 2017. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: MICHAEL J. BOUCHARD, Oakland County Sheriff OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 10 of 11 ATTACHMENT A 0.C.S.O. CONTRACTED DEPUTIES FOR CAMP DEARBORN 1. Assignment of DEPUTIES. The 0.C.S.O. will assign DEPUTIES to provide LAW ENFORCEMENT SERVICES at CAMP DEARBORN between July 14, 2017 and September 5, 2017, pursuant to the following Schedule and Hourly Overtime Rates: a. Schedule. Except as otherwise provided, two (2) DEPUTIES per shift will be provided weekly, beginning each Friday at 3:00 p.m. to Sunday at 11:00 p.m., for a total of one hundred twelve (112) hours per week. For the dates of September 1, 2017, to September 4, 2017, two (2) DEPUTIES per shift will be provided beginning on Friday, September 1 St, 2017, at 3:00 p.m. to Monday, September 4, 2017, at 11:00 p.m., for a total of one hundred sixty (160) hours. b. Payment Rate. The Hourly Overtime Rate for each DEPUTY'S Rank is as follows: Deputy Rank 2017 Hourly Overtime Rate Deputy I $ 60.83 Deputy II $ 66.26 Sergeant $ 79,34 Lieutenant $ 87.39 OAKLAND COUNTY SHERIFF'S OFFICE 2017 CONTRACT FOR CAMP DEARBORN LAW ENFORCEMENT SERVICES Page 11 of 11 Resolution #17212 July 19, 2017 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC. #17212) August 10, 2017 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: SHERIFF'S OFFICE DELETION OF POSITIONS FOR CAMP DEARBORN CONTRACT FOR NFORCEM CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2017 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. Resolution authorizes law enforcement services for Camp Dearborn for the 2017 season. 2. The City of Dearborn has utilized law enforcement services for Camp Dearborn in the past however initially did not request to renew the contract with the County. 3. Upon reconsideration, the City of Dearborn asked the Sheriff's Office to provide limited law enforcement services at Camp Dearborn for the remainder of the 2017 season on an overtime basis. 4. The resolution deletes the following ten (10) General Fund/General Purpose (GF/GP) Part-Time Non Eligible (PTNE) Court/Park Deputy positions (#4030601 - 07157, 07158, 07159, 07160, 07161, 07162, 07163, 07164, 07165, and 07166). 5. The contract is effective from July 14, 2017 through September 4, 2017. 6. The operating revenue and expenses generated by this contract total $15,626 in FY 2017 and a reduction of ($68,206) in FY 2018 - FY 2020. 7. The Fiscal Year 2017-2020 budgets are amended as follows: FY 2017 FY2018 — FY2020 GENERAL FUND (#10100) Revenue 4030601-116181-631869 9010101-196030-665882 Expenditures 4030601-116181-702010 4030601-116181-712020 4030601-116181-722900 Reimb Salaries Planned Use of Balance Total Revenue Salaries Overtime Fringe Benefit Adj Total Expenditures ($ 89,277) $ 81,462 (E= ($55,374) $51,459 ($3,900) (U=) ($158,000) $89,794 ($68,206) ($63,728) $0 (4,478) Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall, Fleming and Woodward absent. Resolution #17212 August 10, 2017 Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowa, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Zack, Berman, Bowman. (20) NAYS: 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). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI. 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 August 10, 2017, 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 10th day of August, 2017. Lisa Brown, Oakland County