Loading...
HomeMy WebLinkAboutResolutions - 1994.06.23 - 24120,1 June 23, 1994 REPORT (Misc. #94173) BY: PUBLIC SERVICE COMMITTEE, LAWRENCE A. ()BRECHT, CHAIRPERSON RE: M.R. #94173 - SHERIFF'S DEPARTMENT - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 1994/1995/1996 SEASONS. To the Oakland County Board of Commissioners The Public Services Committee, having reviewed the above- referenced resolution on June 14, 1994, reports with the recommendation that the resolution be adopted with the attached revised contract. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE d zs,c CONTRACT FOR CAMP DEARBORN POLICE PROTECTION This CONTRACT FOR CAMP DEARBORN POLICE PROTECTION (hereafter the "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 (hereafter the "COUNTY'). The COUNTY is also represented in this CONTRACT by the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this CONTRACT when the COUNTY and SHERIFF are referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT' or, as abbreviated, the "O.C.S.D.". INTRODUCTORY STATEMENTS A. The CITY owns and operates a campground and recreational area located in Oakland County at 1700 General Motors Road, Milford, Michigan 48042 (hereafter, and as further defined in Attachment A, CONTRAQT DEFINITIONS, "CAMP DEARBORN"); B. The CITY is authorized to provide police services for the protection of persons and property at CAMP DEARBORN; C. The 0.C.S.D. is authorized to provide police services within Oakland County but, absent an agreement such as this, has only limited responsibility for any police services at CAMP DEARBORN; D. The CITY and the 0.C.S.D. may enter into an agreement where the 0.C.S.D. would provide additional "POLICE PROTECTION" (as defined in Attachment A) services at CAMP DEARBORN for the CITY; E. The CITY has requested to enter into such an agreement with the OAKLAND COUNTY SHERIFF'S DEPARTMENT whereby 0.C.S.D. "DEPUTIES" (as defined in Attaohment A) would provide POLICE PROTECTION at CAMP DEARBORN; and F. The 0.C.S.D. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services do not: (a) impair or interfere with the 0.C.S.D.'s ability to meet its other law enforcement responsibilities; (b) result in any 0.C.S.D. 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. THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this CONTRACT and all of the Attachments hereto, it is mutually agreed as follows: 1. The SHERIFF, subject to the terms of this CONTRACT, shall assign 0.C.S.D. DEPUTIES, in such NUMBER(S) and RANK(S) as shown in Attachment B - 0.C._S.D. CONTRACTED DEPUTIES, to provide all of the POLICE PROTECTION services contemplated under this CONTRACT at CAMP DEARBORN. As used throughout this CONTRACT, any reference to the NUMBER(S) of DEPUTIES, as shown in Attachment B, shall be defined and quantified as up to Eighty (80) Hours of POLICE PROTECTION services during a bi-weekly period, by any individual or combination of individual DEPUTIES of the specified RANK(S), for each DEPUTY position identified in Attachment B and assigned by the SHERIFF to provide POLICE PROTECTION at CAMP DEARBORN. CD _13_1:* CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 2. Except as otherwise expressly provided for in this CONTRACT, any DEPUTY contracted for and assigned to provide POLICE PROTECTION services at CAMP DEARBORN (Attachment B) shall work, during those hours for which the CITY is being charged, only on CAMP DEARBORN related POLICE PROTECTION matters. The CITY agrees, however, that whenever any DEPUTY contracted for and assigned to provide POLICE PROTECTION under this CONTRACT is not present at CAMP DEARBORN due to any of the reasons described in the following subparagraphs, such periods of time shalLbe included in and counted towards hours of POLICE PROTECTION 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 CITY law enforcement activities; b. Performance of any law enforcement services for the CITY which takes any DEPUTY outside of CAMP DEARBORN; c. Any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION 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); d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract; and e. The performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from CAMP DEARBORN but which began or arose while any DEPUTY was providing POLICE PROTECTION at the CAMP DEARBORN (i.e. hot pursuit, transporting a person for medical attention, an automobile accident occurring on the public road immediately outside CAMP DEARBORN grounds, etc.). 3. 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 POLICE PROTECTION priorities and needs, the SHERIFF shall assign shifts to DEPUTIES at CAMP DEARBORN under this CONTRACT so as to provide the broadest possible coverage of POLICE PROTECTION services. 4. Subject to the SHERIFF's sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any DEPUTY services, beyond the Eighty (80) Hours of POLICE PROTECTION services during any bi-weekly period as provided for in this CONTRACT, mex be made available by the SHERIFF to the CITY at CAMP DEARBORN on an overtime basis. Any such additional hours of DEPUTY POLICE PROTECTION services provided shall be invoiced to and paid by the CITY directly to the COUNTY at the Hourly Overtime Rate shown in Attachment B, which shall be in addition to any amounts otherwise due and owing under the terms of this CONTRACT. If, however, the 0.C.S.D. was able to provide any additional Part-Time PARK DEPUTY services requested by the CITY, over and above the Eighty (80) Hours during any bi-weekly period as provided for in this CONTRACT, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any Part-Time PARK DEPUTY as a result, the Regular Hourly Rate shown in Attachment B, for each Part-Time PARK DEPUTY non-overtime additional hour(s) of service shall be invoiced and paid by the CITY. 5. The CITY agrees to pay the 0.C.S.D. for each hour of each DEPUTY'S POLICE PROTECTION services rendered pursuant to this CONTRACT at the rates shown in Attachment B. In addition the CITY agrees to reimburse the 0.C.S.D. for any and all additional hours of work beyond the Eighty (80) Hours, including any overtime premium incurred and paid by the 0.C.S.D. in providing POLICE PROTECTION services to the CITY at CAMP DEARBORN under the terms of this CONTRACT. For every bi-weekly period of time (corresponding to established 0.C.S.D. payroll periods) during which any DEPUTY rendered C.D_B_D3 2 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION any POLICE PROTECTION services to the CITY at CAMP DEARBORN pursuant to this CONTRACT, the 0.C.S.D. shall prepare and send to the CITY an invoice which sets forth the amount due for each DEPUTY'S services rendered during that bi-weekly period, plus any charges for any additional hours of work, any overtime premiums incurred, and/or holiday pay during that bi-weekly billing period. The CITY agrees to pay to the COUNTY the full amount due on any such invoice within 30 days of the invoice date. 6. The CITY has to its satisfaction examined the 0.C.S.D.'s wage and cost structures and acknowledges and agrees the reimbursement that the CITY 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.D. 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 required to pay to, or on behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to provide POLICE PROTECTION at CAMP DEARBORN under the terms of this CONTRACT. 7. The 0.C.S.D. agrees that upon request any 0.C.S.D. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the applicable costs and amounts that the CITY is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available by appointment by the 0.C.S.D. for inspection by the CITY. 8. The 0.C.S.D. and the CITY agree and acknowledge that the POLICE PROTECTION activities provided for under the terms of this CONTRACT are strictly limited to those governmental law enforcement functions authorized by law and the POLICE PROTECTION 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. 9. 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.D. DEPUTIES to provide law enforcement services at CAMP DEARBORN. 10. The CITY acknowledges and agrees that there may be circumstances beyond the SHERIFF's control when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his determination as to the allocation of 0.C.S.D. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF and/or the 0.C.S.D. may be unable to assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION at CAMP DEARBORN during the term of this CONTRACT. The CITY acknowledges and agrees that this CONTRACT does not, and is not intended to, create either any absolute right in favor of the CITY, or any corresponding absolute duty or obligation upon the SHERIFF or the 0.C.S.D. to guarantee that any specific NUMBER(S) or RANK(S) of DEPUTIES will be present to provide POLICE PROTECTION services at CAMP DEARBORN at any time. The CITY acknowledges and agrees that the 0.C.S.D.'s good faith and reasonable efforts to cooperate with the CITY in providing POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the NUMBER(S) and RANK(S) of DEPUTIES contemplated in Attachment B and the promised professionalism of the 0.C.S.D. 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. 11. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES contemplated in Attachment B at CAMP DEARBORN on any given day, he shall verbally communicate that fact to the CITY as soon as such fact becomes reasonably known to him. co_ELD3 3 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 12. 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. 13. The CITY and the 0.C.S.D. agree that neither the 0.C.S.D. nor any DEPUTY, by virtue of this CONTRACT or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner, joint venturer, representative, or agent of the CITY, and further agree that, at all times and for all purposes under the terms of this CONTRACT, the 0.C.S.D.'s and all DEPUTIES' relationship to the CITY shall be controlled and governed by the terms of this CONTRACT and Attachment C, 0.C.S.D. 1NDEPENDENT STATUS. 14. The CITY agrees that this CONTRACT does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D. POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any person beyond the 0.C.S.D.'s and/or any DEPUTY's governmental law enforcement officer duty, as established under existing law, to the general public. The CITY agrees that at all times, and for any and all purposes under this CONTRACT, the 0.C.S.D. and/or any DEPUTY present at CAMP DEARBORN shall be present strictly and solely to perform POLICE PROTECTION services and governmental law enforcement functions as authorized by law to and for the benefit of the general public, and under no circumstances shall the 0.C.S.D. and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the CITY or provide any particular, direct, or specific service or benefit to or for the CITY, any CITY AGENT(S), or any patron or other person attending CAMP DEARBORN. 15. 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 owning and operating CAMP DEARBORN and/or permitting any person to attend 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 all basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of CAMP DEARBORN which is not expressly within the definition of POLICE PROTECTION under the terms of this CONTRACT aria which is not under the sole and exclusive control and direction of the 0.C.S.D. 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 attending CAMP DEARBORN due to the presence of the 0.C.S.D. and/or any DEPUTY. 16. The CITY agrees that no CITY AGENT(S) (as defined in AticithmeaLA), 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.D. The CITY agrees that it shall be solely and completely liable for any and all CITY AGENT(S)' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any CITY AGENT(S)' employment status or any alleged violation of any CITY AGENT(S)' statutory, contractual, or constitutional rights by the CITY, the COUNTY or any CD_B_03 4 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 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. 17. The CITY agrees that it shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all CITY AGENT(S) fully cooperate with all DEPUTIES in providing any POLICE PROTECTION services pursuant to this CONTRACT and conform their activities to comply with the terms of this CONTRACT, including, but not limited to, those of Attachment C. 18. Except as otherwise provided in this Paragraph, the CITY agrees to defend, indemnify and hold the COUNTY and/or any COUNTY AGENT(S) harmless 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 person and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT(S), including, but not limited to: (a) any alleged breach of legal duty to any person by the CITY and/or any CITY AGENT(S); (b) any alleged failure by the CITY or any CITY AGENT(S) to comply with any CITY duty or obligation in this CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any CITY or CITY AGENT(S)' services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The CITY, however, shall not be obligated to pay any portion of any court ordered judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either negligent or at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY AGENT(S). The CITY shall not be required or obligated to defend, indemnify, and/or hold the COUNTY or any COUNTY AGENT(S) harmless in any criminal investigation, criminal case, criminal prosecution or criminal proceeding, or pay any costs, expenses, fines, damages, or liabilities of any kind whatsoever which are incurred in or result from any criminal investigation or prosecution. 19. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this CONTRACT with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. 20. 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. 21. The CITY agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any O.C.S.D.'s or any DEPUTY'S POLICE PROTECTION services or duties under this CONTRACT to any other person and/or public or private corporation, entity, or organization of any kind. 22. The 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 any event or activity at 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. CD_13133 5 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 23. The CITY agrees that it shall promptly deliver to the 0.C.S.D. 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.D. or any DEPUTY. The CITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the 0.C.S.D. into any act(s) or work performance of any DEPUTY. 24. Subject to the following Paragraph, this CONTRACT shall become effective on June 24, 1994, and shall remain in effect continuously until it expires without any further act or notice being required of any party at 11:59 p.m. on September 31, 1994. 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 September 31, 1994 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. 25. 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.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 26. 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. 27. 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 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 nonpossessive shall be deemed to include the other whenever the context so suggests or requires. 28. 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. 29. 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. 30. This CONTRACT, consisting of a total of thirteen (13) pages (including Attachments A, E. and G, which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire agreement for increased POLICE PROTECTION at CAMP DEARBORN between the 0.C.S.D. 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 terrns and conditions herein are contractual and CO_B_D3 6 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the O.C.S.D. 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 COUNTY Board of Commissioners and the CITY Council. 31. 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. CD_6_133 7 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION IN WITNESS WHEREOF, MICHAEL A. GUIDO, 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 . 1994. VV1TNESSES: CITY OF DEARBORN, a Michigan Constitutional and Municipal Corporation By: MICHAEL A. GUIDO, Mayor City of Dearborn IN WITNESS WHEREOF, LARRY P. CRAKE, 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 , 1994. VV1TNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: LARRY P. CRAKE, Chairperson, Board of Commissioners IN WITNESS WHEREOF, JOHN F. NICHOLS, 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 , 1994. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: JOHN F. NICHOLS, Oakland County Sheriff C0_9_03 8 CONTRACT FOR CAMP DEARBORN Attachment A POLICE PROTECTION CONTRACT DEFINITIONS In addition to the terms and expressions "COUNTY", "SHERIFF, "OAKLAND COUNTY SHERIFF'S DEPARTMENT or 0.C.S.D.", and "CITY" which are defined in the CONTRACT, the CITY and the 0.C.S.D. agree that for all purposes, and as used throughout this CONTRACT and all Attachments hereto, the words and expressions below are also defined terms under this CONTRACT. The CITY and the 0.C,S.D. also agree that whenever any defined term or expression is printed in all uppercase characters, and/or whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, it shall be defined, read, and interpreted as provided for in this CONTRACT. A 1. "POLICE PROTECTION" shall be defined to include the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws of this state and the motor vehicle and traffic laws of this state, including, but not limited to, road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision to the extent of the staffing provided under this CONTRACT, and/or response to any emergency or 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.D. law enforcement Support Services, such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County-wide basis, unless expressly stated to the contrary herein, are not part of the POLICE PROTECTION 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.D. continues to make such law enforcement Support Services available, at no additional charge, to all other communities within Oakland County. POLICE PROTECTION, 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. A 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. A 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.D. becomes legally and/or contractually obligated to pay, or any other liabilities of any kind CCLEIJI3 9 CONTRACT FOR CAMP DEARBORN Attachment A POLICE PROTECTION 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. A 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 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. A 5. "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.D., 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. A 6. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF JOHN F. NICHOLS, 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) at any time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected in their previous capacity. CD_Cl_03 10 CONTRACT FOR CAMP DEARBORN Attachment B POLICE PROTECTION 0.C.S.D. CONTRACTED DEPUTIES FOR CAMP DEARBORN DEPUTY NUMBER(S) 1994 HOURLY RATES DEPUTY RA $j) KpULAR OILEMla $ 48.05 $ 48.05 $ 43.70 $ 43.70 $ 9.59 $ 14.38 ONE (1) DEPUTY I I FOUR (4) DEPUTY I (s) TEN (10) Part-Time PARK DEPUTY(s) NOTE: The CITY acknowledges that the DEPUTY I I and DEPUTY I "REGULAR" hourly rates, shown above, are the same as the OVERTIME rates because the 0.C.S.D. costs are the same because the 0.C.S.D. must still replace DEPUTY I I 's and DEPUTY I 's in the Oakland County Jail on an overtime basis. DEPUTY I I and DEPUTY I rates also include the costs for all fringe benefits, equipment and supplies, including all costs for THREE (3) COUNTY-owned patrol vehicles for full-time use by the DEPUTIES assigned to CAMP DEARBORN. NOTE: It is understood and agreed to by the 0.C.S.D. that CITY also will provide TWO (2) CITY-owned vehicles, at no cost or expense to the COUNTY whatsoever, for additional motorized patrol capability. The 0.C.S.D. agrees that the use of these TWO (2) CITY-owned vehicles on CAMP DEARBORN premises by DEPUTIES does not violate the prohibition in this CONTRACT against providing any equipment to 0.C.S.D. DEPUTIES. CD_B_D3 11 CONTRACT FOR CAMP DEARBORN Attachment C POLICE PROTECTION 0.C.S.D. INDEPENDENT STATUS C 1. The CITY agrees and warrants that, at all times and for all purposes relevant to this CONTRACT, the 0.C.S.D. shall remain the sole and exclusive employer of all DEPUTIES and that the 0.C.S.D. 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.D. C 2. The CITY agrees and warrants that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that any money paid directly to the COUNTY by the CITY to reimburse the COUNTY for its costs pursuant to this CONTRACT shall not be deemed consideration paid by the CITY to any DEPUTY. C 3. The CITY and the 0.C.S.D. 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.D. 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.D, 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.D. and/or all conduct and actions of all DEPUTIES. C 4. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way governs or controls any activity or the performance of any duty by any DEPUTY. The CITY further agrees that this CONTRACT does not obligate or require the SHERIFF or the 0.C.S.D. to change, alter, modify, use, or develop any different or special POLICE PROTECTION policies, practices or procedures for use at CAMP DEARBORN. C 5. The CITY agrees that this CONTRACT does not, and is not intended to include any 0.C.S.D. 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 POLICE PROTECTION provided by the 0.C.S.D. under the terms and conditions of this CONTRACT will result in any specific reduction or prevention of any criminal activity at CAMP DEARBORN, or any other such performance-based outcome, but only that the SHERIFF will make every reasonable effort to provide professional POLICE PROTECTION services at CAMP DEARBORN, in accordance with generally accepted standards for POLICE PROTECTION with the DEPUTIES contracted for in Attachment B. C 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 governmental law C0_8_03 12 CONTRACT FOR CAMP DEARBORN Attachment C POLICE PROTECTION enforcement functions or POLICE PROTECTION, and that no DEPUTY shall be employed, in any manner or capacity, by the CITY. C 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, 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.D. duty or obligation to provide POLICE PROTECTION under the terms of this CONTRACT. C 8. The SHERIFF shall designate one DEPUTY assigned to provide POLICE PROTECTION at CAMP DEARBORN under this CONTRACT as a "Communications Liaison" for the purpose of maintaining communications with the CITY Mayor. The CITY Mayor, or a designated CITY AGENT(S), may contact the Communications Liaison to request, advise, or otherwise make the 0.C.S.D. aware of particular POLICE PROTECTION needs and services at CAMP DEARBORN or to provide other relevant information. The CITY Mayor, or designated CITY AGENT(S), may bring to the SHERIFF's attention any concerns regarding the assignment of any DEPUTY to CAMP DEARBORN, however, the SHERIFF'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 CITY Mayor reasonably informed regarding criminal and/or law enforcement activities at CAMP DEARBORN. C 9. The CITY and the 0.C.S.D. 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.D. DEPUTY. C 10. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the 0.C.S.D.'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.D. DEPUTY and/or pay any and all 0.C.S.D. 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.D. DEPUTY with the OAKLAND COUNTY SHERIFF'S DEPARTMENT. C 11. The CITY and the 0.C.S.D. agree that the 0.C.S.D. 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.D., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.D. duty under the terms of this CONTRACT. The 0.C.S.D. 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 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.D. 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.D. CCLELD3 13 ) tct pdui(A., MISCELLANEOUS RESOLUTION it 94173 June 9, 1994 BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON IN RE SHERIFF DEPARTMENT - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 1994/1995/1996 SEASONS 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 Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS, the City of Dearborn has proposed a contract between the County and the City of Dearborn for Law Enforcement Patrol Services for 12 weeks for 1994, 1995, and 1996; and WHEREAS, the Sheriff's Department in conjunction with the City of Dearborn is proposing to continue contracting for services per the attached agreement for one [1] Deputy II, four [4] Deputy l's, and ten [10] Part-Time Non-Eligible Park Deputies; and WHEREAS, the rates can only be established for these services for the 1994/1995 seasons. For the remaining year, 1996, the rates will have to be established at a later date. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners 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 rates included in the attached Schedule A. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE CONTRACT FOR CAMP DEARBORN POLICE PROTECTION This CONTRACT FOR CAMP DEARBORN POLICE PROTECTION (hereafter the "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 (hereafter the "COUNTY"). The COUNTY is also represented in this CONTRACT by the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this CONTRACT when the COUNTY and SHERIFF are referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT' or, as abbreviated, the ''O.C.S.D.". INTRODUCTORY STATEMENTS A. The CITY owns and operates a campground and recreational area located In Oakland County at 1700 General Motors Road, Milford, Michigan 48042 (hereafter, and as further defined in Attachment A, CONTRACT DEFINITIONS, "CAMP DEARBORN"); B. The CITY is authorized to provide police services for the protection of persons and property at CAMP DEARBORN; C. The 0.C.S.D. is authorized to provide police services within Oakland County but, absent an agreement such as this, has only limited responsibility for any police services at CAMP DEARBORN; D. The CITY and the 0.C.S.D. may enter into an agreement where the 0.C.S.D. would provide additional "POLICE PROTECTION" (as defined in Attachment A) services at CAMP DEARBORN for the CITY; E. The CITY has requested to enter into such an agreement with the OAKLAND COUNTY SHERIFF'S DEPARTMENT whereby 0.C.S.D. "DEPUTIES" (as defined in Attachment A) would provide POLICE PROTECTION at CAMP DEARBORN; and F. The 0.C.S.D. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services do not: (a) impair or interfere with the 0.C.S.D.'s ability to meet its other law enforcement responsibilities; (b) result in any 0.C.S.D. 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. THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this CONTRACT and all of the Attachments hereto, it is mutually agreed as follows: 1. The SHERIFF, subject to the terms of this CONTRACT, shall assign 0.C.S.D. DEPUTIES, in such NUMBER(S) and RANK(S) as shown in Attachment B - 0.C.S.D. CONTRACTED DEPUTIES, to provide all of the POLICE PROTECTION services contemplated under this CONTRACT at CAMP DEARBORN. As used throughout this CONTRACT, any reference to the NUMBER(S) of DEPUTIES, as shown in Attachment B, shall be defined and quantified as up to Eighty (80) Hours of POLICE PROTECTION services during a bi-weekly period, by any individual or combination of individual DEPUTIES of the specified RANK(S), for each DEPUTY position identified in Attachment B and assigned by the SHERIFF to provide POLICE PROTECTION at CAMP DEARBORN. CD_ILD3 1 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 2. Except as otherwise expressly provided for in this CONTRACT, any DEPUTY contracted for and assigned to provide POLICE PROTECTION services at CAMP DEARBORN (Attachment B) shall work, during those hours for which the CITY is being charged, only on CAMP DEARBORN related POLICE PROTECTION matters. The CITY agrees, however, that whenever any DEPUTY contracted for and assigned to provide POLICE PROTECTION under this CONTRACT is not present at CAMP DEARBORN due to any of the reasons described in the following subparagraphs, such periods of time shall be included in and counted towards hours of POLICE PROTECTION 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 CITY law enforcement activities; b. Performance of any law enforcement services for the CITY which takes any DEPUTY outside of CAMP DEARBORN; c. Any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION 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); d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract; and e. The performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from CAMP DEARBORN but which began or arose while any DEPUTY was providing POLICE PROTECTION at the CAMP DEARBORN (i.e. hot pursuit, transporting a person for medical attention, an automobile accident occurring on the public road immediately outside CAMP DEARBORN grounds, etc.). 3. 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 POLICE PROTECTION priorities and needs, the SHERIFF shall assign shifts to DEPUTIES at CAMP DEARBORN under this CONTRACT so as to provide the broadest possible coverage of POLICE PROTECTION services. 4. Subject to the SHERIFF's sole discretion and judgment as to the county-wide prioritization of resources and law enforcement needs, any DEPUTY services, beyond the Eighty (80) Hours of POLICE PROTECTION services during any bi-weekly period as provided for in this CONTRACT, may be made available by the SHERIFF to the CITY at CAMP DEARBORN on an overtime basis. Any such additional hours of DEPUTY POLICE PROTECTION services provided shall be invoiced to and paid by the CITY directly to the COUNTY at the Hourly Overtime Rate shown in Attachment B, which shall be in addition to any amounts otherwise due and owing under the terms of this CONTRACT. If, however, the 0.C.S.D. was able to provide any additional Part-Time PARK DEPUTY services requested by the CITY, over and above the Eighty (80) Hours during any bi-weekly period as provided for in this CONTRACT, without the 0.C.S.D. actually incurring any direct or indirect obligation to pay any overtime premium to any Part-Time PARK DEPUTY as a result, the Regular Hourly Rate shown in Attachment B, for each Part-Time PARK DEPUTY non-overtime additional hour(s) of service shall be invoiced and paid by the CITY. 5. The CITY agrees to pay the 0.C.S.D. for each hour of each DEPUTY'S POLICE PROTECTION services rendered pursuant to this CONTRACT at the rates shown in Attachment B. In addition the CITY agrees to reimburse the 0.C.S.D. for any and all additional hours of work beyond the Eighty (80) Hours, including any overtime premium incurred and paid by the 0.C.S.D. in providing POLICE PROTECTION services to the CITY at CAMP DEARBORN under the terms of this CONTRACT. For every bi-weekly period of time (corresponding to established 0.C.S.D. payroll periods) during which any DEPUTY rendered CO_B_03 2 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION any POLICE PROTECTION services to the CITY at CAMP DEARBORN pursuant to this CONTRACT, the 0.C.S.D. shall prepare and send to the CITY an invoice which sets forth the amount due for each DEPUTY'S services rendered during that bi-weekly period, plus any charges for any additional hours of work, any overtime premiums incurred, and/or holiday pay during that bi-weekly billing period. The CITY agrees to pay to the COUNTY the full amount due on any such invoice within 30 days of the invoice date. 6. The CITY has to its satisfaction examined the 0.C.S.D.'s wage and cost structures and acknowledges and agrees the reimbursement that the CITY 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.D. 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 required to pay to, or on behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to provide POLICE PROTECTION at CAMP DEARBORN under the terms of this CONTRACT. 7. The 0.C.S.D. agrees that upon request any 0.C.S.D. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the applicable costs and amounts that the CITY is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available by appointment by the 0.C.S.D. for inspection by the CITY. 8. The 0.C.S.D. and the CITY agree and acknowledge that the POLICE PROTECTION activities provided for under the terms of this CONTRACT are strictly limited to those governmental law enforcement functions authorized by law and the POLICE PROTECTION 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. 9. 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.D. DEPUTIES to provide law enforcement services at CAMP DEARBORN. 10. The CITY acknowledges and agrees that there may be circumstances beyond the SHERIFF's control when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his determination as to the allocation of 0.C.S.D. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF and/or the 0.C.S.D. may be unable to assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION at CAMP DEARBORN during the term of this CONTRACT. The CITY acknowledges and agrees that this CONTRACT does not, and is not intended to, create either any absolute right in favor of the CITY, or any corresponding absolute duty or obligation upon the SHERIFF or the 0.C.S.D. to guarantee that any specific NUMBER(S) or RANK(S) of DEPUTIES will be present to provide POLICE PROTECTION services at CAMP DEARBORN at any time. The CITY acknowledges and agrees that the 0.C.S.D.'s good faith and reasonable efforts to cooperate with the CITY in providing POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the NUMBER(S) and RANK(S) of DEPUTIES contemplated in Attachment B and the promised professionalism of the 0.C.S.D. 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. 11. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES contemplated in Attachment B at CAMP DEARBORN on any given day, he shall verbally communicate that fact to the CITY as soon as such fact becomes reasonably known to him. CCLB_D3 3 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 12. 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. 13. The CITY and the 0.C.S.D. agree that neither the 0.C.S.D. nor any DEPUTY, by virtue of this CONTRACT or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner, joint venturer, representative, or agent of the CITY, and further agree that, at all times and for all purposes under the terms of this CONTRACT, the 0.C.S.D.'s and all DEPUTIES' relationship to the CITY shall be controlled and governed by the terms of this CONTRACT and Attachment C, 0.C.S,D. INDEPENDENT STATUS. 14. The CITY agrees that this CONTRACT does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D. POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any person beyond the 0.C.S.D.'s and/or any DEPUTY's governmental law enforcement officer duty, as established under existing law, to the general public. The CITY agrees that at all times, and for any and all purposes under this CONTRACT, the 0.C.S.D. and/or any DEPUTY present at CAMP DEARBORN shall be present strictly and solely to perform POLICE PROTECTION services and governmental law enforcement functions as authorized by law to and for the benefit of the general public, and under no circumstances shall the 0.C.S.D. and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the CITY or provide any particular, direct, or specific service or benefit to or for the CITY, any CITY AGENT(S), or any patron or other person attending CAMP DEARBORN. 15. 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 owning and operating CAMP DEARBORN and/or permitting any person to attend 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 all basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of CAMP DEARBORN which is not expressly within the definition of POLICE PROTECTION under the terms of this CONTRACT and which is not under the sole and exclusive control and direction of the 0.C.S.D. 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 attending CAMP DEARBORN due to the presence of the 0.C.S.D. and/or any DEPUTY. 16. The CITY agrees that no CITY AGENT(S) (as defined in Attachment A), 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.D. The CITY agrees that it shall be solely and completely liable for any and all CITY AGENT(S)' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any CITY AGENT(S)' employment status or any alleged violation of any CITY AGENT(S)' statutory, contractual, or constitutional rights by the CITY, the COUNTY or any CCLELD3 4 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 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. 17. The CITY agrees that it shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all CITY AGENT(S) fully cooperate with all DEPUTIES in providing any POLICE PROTECTION services pursuant to this CONTRACT and conform their activities to comply with the terms of this CONTRACT, including, but not limited to, those of Attachment C. 18. Except as otherwise provided in this Paragraph, the CITY agrees to defend, indemnify and hold the COUNTY and/or any COUNTY AGENT(S) harmless 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 person and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT(S), including, but not limited to: (a) any alleged breach of legal duty to any person by the CITY and/or any CITY AGENT(S); (b) any alleged failure by the CITY or any CITY AGENT(S) to comply with any CITY duty or obligation in this CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any CITY or CITY AGENT(S)' services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The CITY, however, shall not be obligated to pay any portion of any court ordered judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either negligent or at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY AGENT(S). The CITY shall not be required or obligated to defend, indemnify, and/or hold the COUNTY or any COUNTY AGENT(S) harmless in any criminal investigation, criminal case, criminal prosecution or criminal proceeding, or pay any costs, expenses, fines, damages, or liabilities of any kind whatsoever which are incurred in or result from any criminal investigation or prosecution. 19. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this CONTRACT with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. 20. 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. 21. The CITY agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any 0.C.S.D.'s or any DEPUTY'S POLICE PROTECTION services or duties under this CONTRACT to any other person and/or public or private corporation, entity, or organization of any kind. 22. The 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 any event or activity at 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. CO_B_D3 5 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION 23. The CITY agrees that it shall promptly deliver to the 0.C.S.D. 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.D. or any DEPUTY. The CITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by the 0.C.S.D. into any act(s) or work performance of any DEPUTY. 24. Subject to the following Paragraph, this CONTRACT shall become effective on June 24, 1994, and shall remain in effect continuously until it expires without any further act or notice being required of any party at 11:59 p.m. on September 31, 1994. 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 September 31, 1994 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. 25. 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.D. and shall not become effective or implemented prior to its filing with the Secretary of State. 26. 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. 27. 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 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 nonpossessive shall be deemed to include the other whenever the context so suggests or requires. 28. 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. 29. 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. 30. This CONTRACT, consisting of a total of thirteen (13) pages (including Attachments A 2, and Q, which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire agreement for increased POLICE PROTECTION at CAMP DEARBORN between the 0.C.S.D. 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 CCLELD3 6 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the 0.C.S.D. 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 COUNTY Board of Commissioners and the CITY Council. 31. 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. C0_13_03 7 7 F. NICHOLS, and County Sheriff 8 CD_B_D3 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION IN WITNESS WHEREOF, MICHAEL A. GUIDO, 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 . 1994. VV1TNESSES: CITY OF DEARBORN, a Michigan Constitutional and Municipal Corporation By: MICHAEL A. GUIDO, Mayor City of Dearborn As authorized by C.R. 5 -388 -94 IN WITNESS WHEREOF, LARRY P. CRAKE,,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 /174 day of Qietat,t_ , 1994. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation RRY P. 4RAKE, Chairperson, Board of Commissioners IN WITNESS WHEREOF, JOHN F. NICHOLS, 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 sID day of LeA-v , 1994. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer CONTRACT FOR CAMP DEARBORN Attachment A POLICE PROTECTION CONTRACT DEFINITIONS In addition to the terms and expressions "COUNTY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT or 0.C.S.D.", and "CITY" which are defined in the CONTRACT, the CITY and the 0.C.S.D. agree that for all purposes, and as used throughout this CONTRACT and all Attachments hereto, the words and expressions below are also defined terms under this CONTRACT. The CITY and the 0.C.S.D. also agree that whenever any defined term or expression is printed in all uppercase characters, and/or whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, it shall be defined, read, and interpreted as provided for in this CONTRACT. A 1. 'POLICE PROTECTION" shall be defined to include the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws of this state and the motor vehicle and traffic laws of this state, including, but not limited to, road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision to the extent of the staffing provided under this CONTRACT, and/or response to any emergency or 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.D. law enforcement Support Services, such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.D. now provides on a County-wide basis, unless expressly stated to the contrary herein, are not part of the POLICE PROTECTION 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.D. continues to make such law enforcement Support Services available, at no additional charge, to all other communities within Oakland County. POLICE PROTECTION, 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. A 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. A 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.D. becomes legally and/or contractually obligated to pay, or any other liabilities of any kind CID_B_D3 9 CONTRACT FOR CAMP DEARBORN Attachment A POLICE PROTECTION 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. A 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 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. A 5. "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF or 0.C.S.D., 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. A 6. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF JOHN F. NICHOLS, 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) at any time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected in their previous capacity. CCLELD3 10 CONTRACT FOR CAMP DEARBORN Attachment B POLICE PROTECTION 0.C.S.D. CONTRACTED DEPUTIES FOR CAMP DEARBORN 1994 HOURLY DEPUTY DEPUTY RARE) Fagl..EILA OVERTIME NUMBER(S) ONE (1) DEPUTY I I $ 48.05 $ 48.05 FOUR (4) DEPUTY I (s) $ 43.70 $ 43.70 TEN (10) Part-Time $ 9.59 $ 14.38 PARK DEPUTY(s) NOTE: The CITY acknowledges that the DEPUTY I I and DEPUTY I "REGULAR" hourly rates, shown above, are the same as the OVERTIME rates because the 0.C.S.D. costs are the same because the 0.C.S.D. must still replace DEPUTY I I 's and DEPUTY I 's in the Oakland County Jail on an overtime basis. DEPUTY I f and DEPUTY I rates also include the costs for all fringe benefits, equipment and supplies, including all costs for THREE (3) COUNTY-owned patrol vehicles for full-time use by the DEPUTIES assigned to CAMP DEARBORN. NOTE: It is understood and agreed to by the 0.C.S.D. that CITY also will provide TWO (2) CITY-owned vehicles, at no cost or expense to the COUNTY whatsoever, for additional motorized patrol capability. The 0.C.S.D. agrees that the use of these TWO (2) CITY-owned vehicles on CAMP DEARBORN premises by DEPUTIES does not violate the prohibition in this CONTRACT against providing any equipment to 0.C.S.D. DEPUTIES. CO_BI:13 11 CONTRACT FOR CAMP DEARBORN Attachment C POLICE PROTECTION 0.C.S.D. INDEPENDENT STATUS C 1. The CITY agrees and warrants that, at all times and for all purposes relevant to this CONTRACT, the 0.C.S.D. shall remain the sole and exclusive employer of all DEPUTIES and that the 0.C.S.D. 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.D. C 2. The CITY agrees and warrants that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that any money paid directly to the COUNTY by the CITY to reimburse the COUNTY for its costs pursuant to this CONTRACT shall not be deemed consideration paid by the CITY to any DEPUTY. C 3. The CITY and the 0.C.S.D. 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 therm (b) any applicable 0.C.S.D. 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.D. 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.D. and/or all conduct and actions of all DEPUTIES. C 4. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way governs or controls any activity or the performance of any duty by any DEPUTY. The CITY further agrees that this CONTRACT does not obligate or require the SHERIFF or the O.C.S.D. to change, alter, modify, use, or develop any different or special POLICE PROTECTION policies, practices or procedures for use at CAMP DEARBORN. C 5. The CITY agrees that this CONTRACT does not, and is not intended to include any 0.C.S.D. 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 POLICE PROTECTION provided by the 0.C.S.D. under the terms and conditions of this CONTRACT will result in any specific reduction or prevention of any criminal activity at CAMP DEARBORN, or any other such performance-based outcome, but only that the SHERIFF will make every reasonable effort to provide professional POLICE PROTECTION services at CAMP DEARBORN, in accordance with generally accepted standards for POLICE PROTECTION with the DEPUTIES contracted for in Attachment B. C 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 governmental law CD_B_D3 12 CONTRACT FOR CAMP DEARBORN Attachment C POLICE PROTECTION enforcement functions or POLICE PROTECTION, and that no DEPUTY shall be employed, in any manner or capacity, by the CITY. C 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, 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.D. duty or obligation to provide POLICE PROTECTION under the terms of this CONTRACT. C 8. The SHERIFF shall designate one DEPUTY assigned to provide POLICE PROTECTION at CAMP DEARBORN under this CONTRACT as a "Communications Liaison" for the purpose of maintaining communications with the CITY Mayor. The CITY Mayor, or a designated CITY AGENT(S), may contact the Communications Liaison to request, advise, or otherwise make the 0.C.S.D. aware of particular POLICE PROTECTION needs and services at CAMP DEARBORN or to provide other relevant information. The CITY Mayor, or designated CITY AGENT(S), may bring to the SHERIFF's attention any concerns regarding the assignment of any DEPUTY to CAMP DEARBORN, however, the SHERIFF'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 CITY Mayor reasonably informed regarding criminal and/or law enforcement activities at CAMP DEARBORN. C 9. The CITY and the 0.C.S.D. 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.D. DEPUTY. C 10. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the 0.C.S.D.'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.D. DEPUTY and/or pay any and all 0.C.S.D. 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.D. DEPUTY with the OAKLAND COUNTY SHERIFF'S DEPARTMENT. C 11. The CITY and the 0.C.S.D. agree that the 0.C.S.D. 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.D., 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.D. 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 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.D. 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.D. CD,fi_03 13 Schedule A Oakland County Sheriff's Department Law Enforcement Patrol Services - Camp Dearborn for 12 Weeks in 1994 Summary of Billing Rates • 1994 Rate $35,657 I. Monthly Rate (3 months) Includes 480 overtime hours each for 1 deputy I, 4 Deputy II's, and operating for 10 Park Deputy positions. 11. Park Deputy Per Hour Rate Billed per hour of actual time worked by each Park Deputy $9.59 III. Overtime Rates Deputy II Deputy I Park Deputy IV. Additional Vehicles Per Mile Rate $40.60 $36.25 $14.38 $0.39 File:w:\dave\sheriff\campder93.wk1 18-May-92 Fixed Rates Rate Per Position Total Park Deputy Per Hour Rate $9.59 I I 4 .• • Oakland County Sheriff's Department Law Enforcement Patrol Services - Camp Dearborn for 12 Weeks - 1994 Overtime Per Hour Rate (Includes Salary & Fringe) 1 Deputy II position (480 Hours) $40.60 4 Deputy I positions (480 hours per position) $36.25 $19,488 $69,600 Total Overtime Salary & Fringes Operating & Operational Support Rates (Per Position Rate is annual) Uniform Cleaning Radio Rental Transportation Deputy Supplies Uniform Cost Liability Insurance Dispatch Sub-Total Operating Sub-Total Operating Expenses (10 Part-Time Park Deputies) Uniform Cleaning Deputy Supplies Uniform Cost Liability Insurance $89,088 0 374 4,995 546 590 2,232 4,562 $13,298 $102,386 0 1,092 1,179 2,316 0 324 6,660 473 511 1,934 $3,954 0 109 118 232 Total Per Month Charge (3 months) Variable Rates $4,586 $106,972 $35,657 Rate Per Position Park Deputy (10 positions - 250 hrs. each) Salary $2,168 Fringes (10.6%) 230 21,675 2,298 $23,973 File:w:\dave\sheriff\campde93.wkl 18-May-92 1993 1994 Rate Rate $26,683 $35,657 $34.00 $25.21 $14.74 $0.36 $40.60 $36.25 $14.38 $0.39 Oakland County Sheriff's Department Law Enforcement Patrol Services - Camp Dearborn Summary of Billing Rates xa I. Monthly Rate (3 months) Includes 480 overtime hours each for 1 Deputy I, 4 Deputy U's, and operating for 10 Park Deputy positions. II. Park Deputy Per Hour Rate Billed per hour of actual time worked by each Park Deputy $9.83 $9.59 III. Overtime Rates Deputy II Deputy I Park Deputy IV. Additional Vehicles Rate (Per Mile) File:w:\dave\sheriff\campde93.wkl 18-May-92 Sub-Total 75,503 102,386 , •AIL v .,• . . Oakland County Sheriff's Department Law Enforcement Patrol Services - Camp Dearborn for 12 Weeks in 1994 Comparison of Charge 1993 to 1994 1993 1994 % Contract Proposal INC Fixed Rates Overtime Per Hour Rate (Includes Salary & Fringe) 1 Deputy II position (480 Hours) $16,320 $19,488 19.4% 4 Deputy I positions (480 hours per position) 48,403 69,600 43.8% Total Overtime Salary & Fringes 64,723 89,088 37.6% Operating & Operational Support Rates (Per Position Rate is annual) Uniform Cleaning 256 0 ***** Radio Rental 542 374 -31.0% Transportation 3,240 4,995 54.2% Deputy Supplies 547 546 -0.2% Uniform Cost 298 590 97.9% Liability Insurance 2,259 2,232 -1.2% Dispatch 3,638 4,562 25.4% Sub-Total Operating 10,780 13,298 23.4% Operating Expenses (10 Part-Time Park Deputies) Uniform Cleaning 512 0 ***** Deputy Supplies 1,094 1,092 -0.2% Uniform Cost 595 1,179 98.2% Liability Insurance 2,344 2,316 -1.2% 4,545 4,586 0.9% Total 80,048 106,972 33.6% Per Month Charge (3 months) 26,683 35,657 Variable Rates Park Deputy Salary 21,997 Fringes (10.6%) 2,574 24,571 Park Deputy Per Hour Rate $9.83 21,675 -1.5% 2,298 -10.7% 23,973 -2.4% $9.59 -2.5% Fi1e:w:\dave\sheriff\campdd93.wk1 18-May-92 Oakland County Sheriff's Department Law Enforcement Patrol Services - Camp Dearborn for 12 Weeks in 1994 Estimated Annual Charge Contract Fixed Costs II. Park Deputy Charge (2,500 hrs Estimate) III. Estimated Overtime Charges (500 Hrs Estimate) IV. Additional Vehicles Charge Estimated Total Annual Charge 1993 Contract $80,049 24,571 7,371 0 $111,991 1994 Proposal $106,972 23,973 7,192 0 $138,137 File:w:\dave\sheriff\campd03.wkl . 18-May-92 dirn PPR n t 1-UliEGOit cm, County Executive FOREGOING RESOLUTION __72fAg :ecutive Date In Testimony Whereof, I have hereunto set my hand and County of Oakland at Pontiac, Michigan this 23rd day ot–Crune11;944.— '7:44-44•••• D. Allen, County Clerk ffixed the seal of the • yr Resolution #94173 June 23, 1994 Moved by Obrecht supported by Powers the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Powers the resolution be adopted. AYES: Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 1 HE L Brooks Pet STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 June 23, 1994 with the original record thereof now remaining in my office.