HomeMy WebLinkAboutResolutions - 2018.11.14 - 23889REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
MISCELLANEOUS RESOLUTION #18398
UNDER NEW BUSINESS
BY: Commissioner Hugh Crawford, District #9;
IN RE: BOARD OF COMMISSIONERS — LAW ENFORCEMENT SERVICES AGREEMENT WITH CITY
OF NOVI — 2018 MICAREERQUEST SOUTHEAST EVENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the MiCareerQuest event is an innovative, hands-on career exploration experience for
thousands of high school students, along with their teachers and counselors, as they learn about today's
hottest jobs from working professionals; and
WHEREAS the MiCareerQuest Southeast Executive Committee has developed a unique opportunity for
businesses, students and counselors to connect through an interactive and inspirational event with the
focus on career awareness; and
WHEREAS this hands-on, interactive career event will feature companies from the most in-demand fields
such as health sciences, information technology, advanced manufacturing and construction; and
WHEREAS over 9,700 students from across the region are registered to attend this event; and
WHEREAS over 100 companies will be exhibiting occupations at the MiCareerQuest Southeast event; and
WHEREAS the 2018 MiCareerQuest Southeast event is scheduled for November 28, 2018 at the Suburban
Collection Showplace in Novi; and
WHEREAS it is important that Oakland County provide a safe, secure event for students, volunteers,
exhibitors, and guests; and
WHEREAS it is requested to enter into a law enforcement service agreement with the City of Novi to provide
law enforcement services for the entire duration of MiCareerQuest Southeast on November 28, 2018; and
WHEREAS the attached agreement has been reviewed by Corporation Counsel; and
WHEREAS the agreement will provide two law enforcement officials from the City of Novi at rate of $62.00
per hour, per officer, with a three-hour minimum; and
WHEREAS the estimated law enforcement services for this event will not exceed $1,000 with funding being
covered from existing event sponsorship funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the approval of the Law Enforcement Services Agreement with the City of Novi, a one-time
expenditure cap of $1,000 for security services during the 2018 MiCareerQuest Southeast event on
November 28, 2018.
BE IT FURTHER RESOLVED that no budget amendment is required for item as the funding for the not to
exceed $1,000 security cost is available from existing MiCareerQuest Southeast sponsorship funds within
the General Fund Planning and Economic Development Administration budget.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of the adopted agreement to the MiCareerQuest Southeast Executive Committee, the Oakland
County Economic Development and Community Affairs department and the City of Novi.
Chairperson, I move the adoption of the foregoing Resolution.
Commissfoner Hugh Crawford
District #9 I
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LAW ENFORCEMENT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of November, 2018, by and
between the City of Novi, a Michigan municipal corporation, with its principal offices located at
45175 Ten Mile Road, Novi, Michigan 48375-3024 (hereinafter referred to as the "City") and
County of Oakland, Michigan, by its Department of Economic Development & Community Affairs,
and its agents, heirs, executors, administrators, successors, and assigns (hereinafter referred to
as the "Contracting Entity"). City and Contracting Entity shall be collectively referred to as the
"Parties" and individually referred to as a "Party."
RECITALS:
WHEREAS, the City has an existing Police Department that is sufficiently staffed and
equipped to properly provide regular police services within the City; and
WHEREAS, the Contracting Entity desires to obtain the on-site presence of Officers for
security and related services from the City that exceed the regular law enforcement services
provided by the City in accordance with the statement attached hereto and incorporated herein
as Exhibit "A" (the "Law Enforcement Services"); and
WHEREAS, the City is willing to provide the Law Enforcement Services to the Contracting
Entity subject to certain terms and conditions referenced in this Agreement; and
WHEREAS, the City and the Contracting Entity desire to enter into this Agreement in order
to specify the terms and conditions of the Law Enforcement Services provided by the City; and
WHEREAS, the Parties have discussed and understand the terms of this Agreement and
have taken all necessary actions to enter into the same.
NOW, THEREFORE, in consideration of the foregoing recitals and preambles, incorporated
herein by reference, the Parties agree as follows:
1. Law Enforcement Services. The City shall provide the Law Enforcement Services
on the dates, times, and location referenced in the attached and incorporated Exhibit "A," The
selection of the City Police Officers providing the Law Enforcement Services, shall be at the sole
discretion of the City. The City shall assign Officers to facilities to perform police patrols and law
enforcement duties ("Services"). Each period of Services rendered by an Officer shall be
designated an "Assignment." The Services shall only encompass duties and functions customarily
rendered by City. Officers assigned to Contracting Entity shall, at all times, be subject to the
control and direction of the City. The City shall maintain public documents created in the course
of providing the Services set forth in this Agreement in accordance with its records retention
policy. Any additional or different types of documentation required by the Contracting Entity for
its purposes shall be specified, in detail, in the attached and incorporated Exhibit A. In
consultation with the Contracting Entity, the number of Police Officers and/or Police Supervisors
that are safely needed for the specific event will be discussed with the Contracting Entity and the
City prior to finalizing Exhibit "A."
2. Equipment and Facilities. Each Officer shall dress in the standard law enforcement
uniform issued by the City, to include all necessary and required accoutrements that are
authorized by the City and customarily worn by Officers, such as a firearm, radio, vest, safety
equipment, in a manner and form deemed suitable by the City at its complete discretion. Officers
shall use City vehicles and standard equipment issued by the City, as needed, in the course of
providing Law Enforcement Services. Should alternate attire be desired for the Assignment (plain
clothes or other), this may be accommodated at the discretion of the City and with the
accoutrements deemed necessary by the City in its complete discretion.
3. Enforcement of Laws. Contracting Entity shall not exercise control over Officer's
enforcement of laws and Officers shall not enforce any rules and regulations that are not
otherwise violations of the law, as determined by Officer and City. Officers shall be subject to,
and shall abide by, all City and departmental rules and regulations as well as complying with all
local, state, and federal laws.
4. Rates and Invoices. The Contracting Entity agrees to pay the City the hourly
rates, costs, and expenses set forth in the attached and incorporated Exhibit "A." The City shall
invoice the Contracting Entity within a reasonable time after the Law Enforcement Services are
provided under this Agreement, and the Contracting Entity shall remit payment in full within thirty
(30) calendar days after receiving such invoice. Such payment shall be made to the City Treasurer
at the Civic Center located at 45175 Ten Mile Road, Novi, MI 48375-3024, via United States
currency or check made payable to the "City of Novi."
5. Independent Contractor. Contracting Entity and City enter into this Agreement
at arm's length. The City, at all times, shall be considered an independent contractor for all
purposes under this Agreement, including the performance of Services. Nothing in this
Agreement shall be deemed or construed to create a joint venture, partnership, or
employer/employee relationship between the Parties. Neither Contracting Entity nor City shall
hold itself out as the representative or agent of the other Party. The Contracting Entity shall not
seek to exercise any control over the City, its Officers, or its agents. The City, its employees, and
Officers assigned to Facilities shall not be deemed employees or joint employees of Contracting
Entity for any purpose. City retains the sole right and authority to recruit, hire, promote,
discipline, demote, discharge, determine rates of pay for, establish the terms and conditions of
employment of, and/or to direct and control the manner in which its employees and Officers
discharge their professional and work duties. City is responsible for instructing and training its
Officers consistent with this Agreement. City retains the sole right and authority to decide and
direct which Officers it shall assign, at what times, and to which Facilities to provide Services
under this Agreement. City shall be solely responsible for all employee wages, timesheets, payroll
deductions, federal and state taxes, unemployment compensation contributions, social security
taxes, and benefits of its employees and Officers. Neither City nor its employees, agents, or
Officers are entitled to receive any benefits including, but not limited to, salary, vacation pay, sick
leave, retirement benefits, social security, workers' compensation, health, disability,
unemployment, and stock options that Contracting Entity may provide to its employees. It is
understood that Contracting Entity will not provide and shall not be responsible for workers'
compensation coverage for City or any Officer. Responsibility for providing such coverage remains
solely with City. When rendering Services at the Facilities, Officers act solely as the agents of
City. Services contracted in accordance with this Agreement shall be subject to the employment
rights of City personnel as enumerated in the applicable collective bargaining agreement. For the
purposes of this Agreement, unless otherwise specified, the term "Officers" refers to all Novi
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Police Personnel of all ranks including, but not limited to, the ranks of Officer, Corporal, Sergeant,
Lieutenant, Captain, Assistant Chief, Deputy Chief, Chief, Director, or otherwise.
6. Cancellation of Service. The Contracting Entity may cancel the Law Enforcement
Services no less than forty-eight (48) hours prior to the beginning of the scheduled service time
by calling the Director of Public Safety/Chief of Police, or if he/she is not available, by speaking
to a Command Officer of the Novi Police Department. If a scheduled service is not cancelled
within the allotted time, then the Contracting Entity shall be responsible for paying the City the
minimum hour charge for each Officer referenced on the statement attached hereto and
incorporated herein as Exhibit "A."
7. Insurance. The City agrees to furnish insurance coverage on its Police Officers
for all time that the said Officers are on the Contracting Entity premises. Such insurance coverage
shall be in the same form and amount as that maintained by the City for police operations in the
City.
8. Inability to Provide Services. The City shall only be required to provide those Law
Enforcement Services referenced in the statement attached hereto and incorporated herein as
Exhibit "A." In the event that unusual requirements in the City or elsewhere interfere with the
City's delivery of the Law Enforcement Services, the City shall, during such period of time, not be
required to offer or provide the Law Enforcement Services to the Contracting Entity. Under such
circumstances, the Contracting Entity shall not be required to pay for such services not provided
by the City, and the City shall refund to the Contracting Entity any pre-payment made by the
Contracting Entity for such services under Paragraph 4 above.
9. Salary Responsibility. The Contracting Entity shall not be required to assume any
liability for the direct payment of any salaries, wages, or other compensation to any City personnel
performing Law Enforcement Services for Contracting Entity. During the period that Law
Enforcement Services are provided, the City personnel providing such services shall be acting as
an agent, servant, and employee of the City and not of the Contracting Entity.
10. Supervision and Control of Officers. The Parties agree that the Police Officers of
the City are employed by the City and are under the exclusive supervision and control of the City.
11. Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of Michigan.
12. Binding Effect; Assignment. This Agreement and all terms and conditions hereof
shall be binding upon and inure to the benefit of all Parties, their heirs, administrators, executors,
successors, and assigns. Provided, however, the Contracting Entity shall not assign this
Agreement without the prior written consent of the City.
13. Entire Agreement; Amendment. This Agreement constitutes the entire
agreement of the Parties and cannot be amended unless agreed to in writing executed by all
Parties.
14. Termination. Either Party may terminate the Agreement at any time upon written
notification to the other Party.
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15. Severability. If any term of this Agreement is found to be invalid or
unenforceable, then the invalidity or unenforceability shall not affect the remaining terms of this
Agreement, which shall continue in full force and effect.
16. Modification. This Agreement may only be modified or amended by the mutual
written agreement of the Parties. Any such modification or amendment shall be signed by each
Party, and shall be attached to and become part of this Agreement.
17. Costs and Attorneys' Fees. Each Party shall be responsible for its own attorneys'
fees and costs in an action regarding the enforcement of this Agreement.
18, Counterparts. This Agreement may be executed in any number of counterparts.
Each counterpart when executed shall be deemed to be an original, and such counterparts
collectively shall constitute one and the same instrument.
19. Liability. Each Party shall be responsible for any Claims made against that Party
by a third-party, and for the acts of its employees and agents arising under or related to this
Agreement. Except as otherwise provided for in this Agreement, neither Party shall have any
right under this Agreement or under any other legal principle to be indemnified by the other Party
or any of its agents in connection with any Claim. In no event shall either Party be liable to the
other Party or any other person, for any consequential, incidental, indirect, special, or punitive
damages arising out of this Agreement. In any Claim 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 judgments and attorney fees. "Claim(s)" mean any alleged
losses, claims, complaints, demands for relief or damages, lawsuits, causes of action,
proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses,
including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other
amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which
a Party may become legally and/or contractually obligated to pay or defend against, whether
direct, indirect or consequential, whether based upon any alleged violation of the federal or the
state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal
or state common law, whether any such claims are brought in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
20. Governmental Function. 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. In addition, the Parties maintain that the
obligations set forth in this Agreement will be in the exercise or discharge of a governmental
function.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the City has caused
this Agreement to be duly executed by the appropriate officials and its seal affixed hereto, and
Contracting Entity has caused this Agreement to be duly executed by its authorized officials and
its seal affixed hereto on the day and year written above.
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CITY
City of Novi, a Michigan municipal corporation
By: David E. Molloy
Its: Director of Public Safety/Chief of Police
Date:
CONTRACTING ENTITY
County of Oakland, a Michigan municipal corporation
By:
Its:
Date:
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EXHIBIT "A"
STATEMENT OF LAW ENFORCEMENT SERVICES
CITY OF NOVI
APPLICATION FOR LAW ENFORCEMENT
SERVICES
Applicant (Contracting Entity) Name: County of Oakland, by its Department of Economic
Development 84.
Community Affairs
Applicant Address: 2100 Pontiac Lake Road, Building 41 West, Waterford, MI 48329
Type of Organization: Oakland County
Applicant Representative/Contact: Jennifer Llewellyn, 248-765-6822
Description of services to be provided: City to provide marked police cars and uniformed,
off-duty officers for security for MiCareer Quest Southeast at the Suburban Collection
Showplace.
Location where services are to be provided: Suburban Collection Showplace, Novi, MI
Date and hours services requested: Wednesday, November 28, 2018 from 7:30 am - 2:30
Pm
Estimated number of attendees: N/ A
Number of Police Officers requested: Two (2) each day for designated hours
Number of Police Sergeants/Lieutenants requested: N/ A
Applicant hereby agrees to pay City $62.00 per hour for each Police Officer providing services
pursuant to the above stated request. A minimum of three (3) hours is charged for each police
officer position.
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Resolution #18398 November 14,2018
Moved by Crawford supported by Zack to suspend the rules and vote on Miscellaneous Resolution #18398
— Board of Commissioners — Law Enforcement Services Agreement with City of Novi 2018 MiCareerQuest
Southeast Event.
Vote on motion to suspend the rules:
AYES: Fleming, Gershenson, Gingen, Hoffman, Jackson, Kochenderfer, Kowall, Long,
McGillivray, Middleton, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #18398 — Board of Commissioners — Law Enforcement Services Agreement with the City of
Novi — 2018 MiCareerQuestSoutheast Event carried.
Moved by Crawford supported by Zack the resolution be adopted.
Vote on resolution:
AYES: Gershenson, Gingell, Hoffman Jackson, Kochenderfer, Kowall, Long, McGillivray,
Middleton, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford, Fleming. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
I HtREEM 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 November 14,
2018, 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 14th day of November, 2018,
Lisa Brown, Oakland County