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HomeMy WebLinkAboutResolutions - 1994.06.09 - 24146MISCELLANEOUS RESOLUTION # 94174 June 9, 1994 BY: PUBLIC SERVICE COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE PONTIAC SILVERDOME - WORLD CUP GAMES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, The City of Pontiac has requested the Oakland County Sheriffs Department to supply patrol officers for Law Enforcement Services at the World Cup Soccer Games at the Silverdome ; and WHEREAS, the Sheriff's Department has agreed to supply such patrol officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Department; and WHEREAS, the County of Oakland shall be reimbursed for such services by the City of Pontiac at the hourly overtime rates for the World Cup Soccer Games, as was established by Miscellaneous Resolution # 93254. NOW THEREFORE, BE IT RESOLVED, that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board, and the Sheriff to sign agreements for Law Enforcement Services at the established standard overtime rates. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE L6-0 CONTRACT FOR WORLD CUP POLICE PROTECTION WITH THE CITY OF PONTIAC This CONTRACT FOR WORLD CUP POLICE PROTECTION (hereafter the "CONTRACT') is made and entered into between the CITY OF PONTIAC, a Michigan Constitutional and Municipal Corporation, whose address is 450 East Wide Track Drive, Pontiac, Michigan 48342 (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 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, in conjunction with its Stadium Authority, owns and operates a stadium facility known as the Pontiac Silverdome which is located within the CITY of Pontiac and in Oakland County. B. The CITY has been chosen as one of the host cities for the 1994 World Cup Soccer Games elimination rounds with Four of the first round Games being played at the Pontiac Silverdome on June 18, 22, 24, and 28, 1994. C. The World Cup Games, arguably the largest sporting event in the world, and the anticipated accompanying festivities and other social and entertainment events (hereafter, and as further defined in AtachmentA, CONTRACT DEFINITIONS, 'WORLD CUP EVENT(S)") are expected to result in immense crowds and world-wide attention. D. The CITY is responsible for providing police services for persons and property for and during all WORLD CUP EVENT(S) held in the CITY. E. The OAKLAND COUNTY SHERIFF'S DEPARTMENT is authorized to provide police services throughout Oakland County. The CITY agrees, however, that absent an agreement such as this, the 0.C.S.D. has only limited responsibility for police services at WORLD CUP EVENT(S) 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 to the CITY for any WORLD CUP EVENT(S). F. Because of this exceptional gathering of such a large numbers of persons and the anticipated surrounding revelry, the CITY has determined that it does not have sufficient police resources to independently meet the anticipated "POLICE PROTECTION" needs (as defined in AttaghmentA). G. The CITY has requested to enter into an agreement, as provided by law, with the OAKLAND COUNTY SHERIFF'S DEPARTMENT whereby 0.C.S.D. "DEPUTIES" (as defined in Attachment A) would provide supplemental POLICE PROTECTION for WORLD CUP EVENT(S) in the CITY. H . The CITY, in recognition of the fiscal limitations of law enforcement budgets, including the 0.C.S.D., agrees to reimburse the COUNTY for all 0.C.S.D. costs incurred by the 0.C.S.D. in providing DEPUTIES, on an overtime basis, to supplement the CITY's POLICE PROTECTION needs at various WORLD CUP EVENT(S). 0 1 CONTRACT FOR WORLD CUP POLICE PROTECTION I. The 0.C.S.D. agrees to provide 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 0.C.S.D., subject to the terms of this CONTRACT, shall assign a total of One Hundred One (101) 0.C.S.D. DEPUTIES, in such Number(s) and Rank(s) as shown below, to provide POLICE PROTECTION services on each of the Four (4) Days that a World Cup Game is being played in the CITY for up to an anticipated 8 Hours per DEPUTY per day. As used throughout this CONTRACT, any reference to the Number(s) of DEPUTIES shall be defined and quantified as POLICE PROTECTION services, by any individual or combination of individual DEPUTIES of the specified Rank(s), for each DEPUTY position identified below and assigned by the SHERIFF to provide POLICE PROTECTION at any WORLD CUP EVENT(S), If attendance projections or other circumstances necessitate a reduction in the Number(s) of DEPUTIES scheduled to be provided on any Game Day, the CITY shall provide the SHERIFF with at least Seventy-Two (72) hours notice of any reduced schedule for the Number(s) of DEPUTIES to be provided. Ny212.21L(§1 =Lai turItauthac_Ila Five (5) Lieutenant $ 45.95 per Hour Thirteen (13) Sergeants $ 42.56 per Hour Eighty-Three (83) Deputy II $ 35.49 per Hour (see Note below) Deputy I $ 26.27 per Hour Note: The 0.C.S.D. may substitute a Deputy I, as available, for a Deputy II to reduce the total costs to the CITY provided, however, the Deputy I is also M.L.E.O.T.C. certified as provided for in the definition of DEPUTY in Attachment A). 2. In addition to the scheduled One Hundred One (101) DEPUTIES to be provided on any of the Four (4) Game Days, and subject to the SHERIFF's sole discretion and judgment as to the County-wide prioritization of his law enforcement resources and law enforcement needs, the CITY may request additional POLICE PROTECTION services for any other WORLD CUP EVENT(S), whether on a Game Day, or otherwise, during the term of this CONTRACT. The SHERIFF, subject to the terms of this CONTRACT, may provide any or all such additional requested DEPUTIES at the above applicable Hourly Overtime Rate for the Rank(s) of each such additional DEPUTY provided. 3. Except as otherwise expressly provided for in this CONTRACT, any DEPUTY providing POLICE PROTECTION services at any WORLD CUP EVENT(S) shall work, during those Hour(s) for which the CITY is being charged, only on WORLD CUP EVENT(S) related POLICE PROTECTION matters. The CITY agrees, however, that whenever any DEPUTY assigned to provide POLICE PROTECTION under this CONTRACT is not present at any WORLD CUP EVENT(S) due to any of the reasons described in the following subparagraphs, such periods of time shall be included in and counted toward the Hour(s) of POLICE PROTECTION services provided under the terms of this CONTRACT: 2 CONTRACT FOR WORLD CUP POLICE PROTECTION a. Any appearance in any Court, or any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to any WORLD CUP EVENT(S) during the term of this CONTRACT; b. Any performance of any POLICE PROTECTION services for the CITY at any WORLD CUP EVENT(S) which takes any DEPUTY away from any WORLD CUP EVENT(S) or outside of the CITY; c. Any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION at any WORLD CUP EVENT(S) 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 Hour(s) guaranteed to DEPUTIES under any applicable union or employment contract: and/or e. Any performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from any WORLD CUP EVENT(S) but which began or arose while any DEPUTY was providing POLICE PROTECTION at any WORLD CUP EVENT(S) (i.e. hot pursuit, transporting a person for medical attention, an automobile accident occurring on any public road, etc.). 4. The CITY agrees to pay to the COUNTY, for each individual DEPUTY who provided any POLICE PROTECTION services at any WORLD CUP EVENT(S) pursuant to this CONTRACT, an amount equal to the total number of Hour(s), including any part of any Hour(s), of POLICE PROTECTION services rendered by each individual DEPUTY, multiplied times the Hourly Overtime Rate (shown above) for each DEPUTY's Rank. This CITY payment obligation shall apply without regard to whether any DEPUTY's POLICE PROTECTION services were scheduled, as provided herein, on any Game Day or whether such additional Hour(s) of POLICE PROTECTION services were subsequently requested by the CITY. The CITY agrees to reimburse the COUNTY for any and all Hour(s) of POLICE PROTECTION services rendered by any and all 0.C.S.D. DEPUTY to the CITY pursuant to this CONTRACT. After the last WORLD CUP EVENT(S), the 0.C.S.D. shall prepare and send to the CITY an invoice(s) which sets forth the amount due for each DEPUTY's services rendered through the end of the WORLD CUP EVENT(S) in the CITY. The CITY agrees to pay to the COUNTY the full amount due and owing on any invoice(s) within 45 days of the invoice date. 5. The CITY acknowledges that the same practical and financial restrictions which limit CITY police resources also limit the ability of the SHERIFF to assign DEPUTIES to provide POLICE PROTECTION for WORLD CUP EVENT(S) as part of their normal job duties. However, the CITY recognizes that because of the relatively large number of 0.C.S.D. DEPUTIES and because many of the DEPUTIES normal work assignments (i.e. prisoner pick-ups, jail activity, court appearances, court support functions, etc.) do not conflict with most scheduled WORLD CUP EVENT(S) and corresponding peak POLICE PROTECTION needs, the SHERIFF should be able to supplement the CITY's POLICE PROTECTION needs on an overtime basis. The CITY agrees that this CONTRACT simply acknowledges the unusual circumstances and increased law enforcement demands created by WORLD CUP EVENT(S) and the corresponding increased financial burden on governmental law enforcement agencies as a result. 6. The CITY agrees that it has, to its satisfaction, examined the 0.C.S.D.'s wage and cost structures and acknowledges and agrees that the above Hourly Overtime Rate that the CITY is to pay to the COUNTY for each Hour(s) of each DEPUTY's services under the terms of this CONTRACT is not intended to result in any net financial gain or profit for the COUNTY. The CITY agrees that the Hourly Overtime Rate, as established, only guarantees that the 0.C.S.D. is fully reimbursed for any and all salary costs, including the necessary overtime premiums, and all other related and necessary fringe benefit costs, equipment, 3 CONTRACT FOR WORLD CUP POLICE PROTECTION supplies, and other expenses that the COUNTY is required to pay to, for, or on behalf of its DEPUTIES in order to provide supplemental POLICE PROTECTION at any WORLD CUP EVENT(S) under the terms of this CONTRACT. 7. The 0.C.S.D. and the CITY agree and acknowledge that the sole and exclusive purpose of this CONTRACT is to provide governmental law enforcement and POLICE PROTECTION services. 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. The parties agree the POLICE PROTECTION services provided for under this CONTRACT are exclusively governmental activities and functions and are not engaged in primarily for profit, and that neither party expects or anticipates that 0.C.S.D. will realize any profit or direct financial benefit as a result of this CONTRACT. 8. 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. 9. The CITY acknowledges and agrees that there may be circumstances beyond the SHER1FF'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 any given WORLD CUP EVENT(S). 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 any WORLD CUP EVENT(S). Even if, as above, the 0.C.S.D. should be unable to provide the requested or contemplated Number(s) and Rank(s) of DEPUTIES for any WORLD CUP EVENT(S), the CITY acknowledges and agrees that the 0.C.S.D.'s good faith efforts to cooperate with the CITY in providing POLICE PROTECTION for any WORLD CUP EVENT(S) and the 0.C.S.D. undertakings to develop the necessary DEPUTY schedules, budgets and plans to provide the Number(s) and Rank(s) of DEPUTIES contemplated, including, but not limited to, the rescheduling of DEPUTY vacations to accommodate the CITYs needs with the future inconvenience that the 0.C.S.D. will suffer in accommodating the resulting backlog of vacation requests are appropriate and adequate consideration upon which to bind the CITY to the terms and conditions of this CONTRACT. 10. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES contemplated by the CITY for any WORLD CUP EVENT(S), on any given day, he shall verbally communicate that fact to the CITY as soon as such fact becomes reasonably known to him. 1 1 , 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. 12. 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 the Pontiac Silverdome including, but not limited to, providing any Emergency Medical Treatment, rendering any first aid or medical treatment and/or facilities, providing or implementing any fire or emergency evacuation plans 4 CONTRACT FOR WORLD CUP POLICE PROTECTION or procedures, providing for all basic Silverdome crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of the Silverdome 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 agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for any and all costs, obligations, and/or civil liabilities associated with its governmental functions, obligations and responsibilities. 13. 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.'s POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any particular person(s) 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 any WORLD CUP EVENT(S) 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 any WORLD CUP EVENT(S). 14. 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 to conform their activities to comply with the terms of this CONTRACT, including, but not limited to, those of Attachment B 0,C.S.D. INDEPENDENT STATUS. The SHERIFF agrees that all DEPUTIES providing police protection services under this CONTRACT, subject to the terms and conditions of this CONTRACT, shall cooperate with the Incident Command Structure and other participating governmental law enforcement agencies in providing comprehensive POLICE PROTECTION services. 15. 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, sub-contractor, 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 B. 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, worker's disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any CITY AGENT(S)' employment status or any alleged violation of any CITY AGENT(S)' statutory, contractual, or constitutional rights by the CITY, the COUNTY or any COUNTY AGENT(S). The CITY agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any CITY AGENT(S) which are based upon, result from, or arise from, or are in any way related to any CITY AGENT(S)' wages, compensation, benefits, or other employment-related rights, including, but not limited to, those described in this Paragraph. 5 CONTRACT FOR WORLD CUP POLICE PROTECTION 17. The CITY agrees, at its sole cost and expense, to purchase and maintain the insurance coverage(s), shown in Attachment C, in the minimum coverage amounts indicated, for the entire duration of this CONTRACT, and to provide the COUNTY with the required Certificates of Insurance. The CITY acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY's Risk Management Division. 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 indemnification right(s) afforded to the COUNTY and/or any COUNTY AGENT(S) under this CONTRACT shall be excess and over and above any other valid and collectible insurance right available to the COUNTY and/or any COUNTY AGENT(S) from the CITY under the terms of this CONTRACT and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S)' loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that the CITY's promise to indemnify, pay and hold harmless the COUNTY and/or any COUNTY AGENT(S) as set forth in this CONTRACT may become unenforceable or uncollectible, the CITY shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S). 20. 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. 21. 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. 22. 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. 23. The CITY represents and warrants that it has reviewed all of its current or proposed agreements and/or contracts with any and all persons who are or may become contractually involved with the CITY, 6 CONTRACT FOR WORLD CUP POLICE PROTECTION and hereby represents and warrants that the CITY does not have, and will not any time during the term of this CONTRACT, have any other contractual agreement that will in any manner restrict, interfere with, or prohibit the CITY, any CITY AGENT(S), or any other person from complying with the CITY's obligations and duties as set forth in this CONTRACT and/or the 0.C.S.D.'s provision of POLICE PROTECTION services as set forth herein. 24. 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. 25. Subject to the following Paragraph, this CONTRACT shall become effective on June 11, 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 June 30, 1994. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. This CONTRACT, consisting of a total of Fourteen (14) pages (including Attachments A. a, and Q which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire agreement for increased POLICE PROTECTION at any WORLD CUP EVENT(S) between the 0.C.S.D. and the CITY and fully supersedes any and all prior agreements or understandings between them in any 7 CONTRACT FOR WORLD CUP POLICE PROTECTION way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the 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 Oakland COUNTY Board of Commissioners and the CITY Council. 32. 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. 8 CITY OF PONTIAC, a Michigan nstitutional and Municipal C WITNESSES: By: AL. .... rAIL.F.. -Ark..' RLIE J. HARR -0 r, Jr., Mayor, City of Pontiac 7"--) APPROVtu AS TO FORM: (1_ it, Ara.thet_. TY ATTn""r" TY Arrn"r" By: HN F. NICHOLS, Oakland County Sheriff 9 CONTRACT FOR WORLD CUP POLICE PROTECTION IN WITNESS WHEREOF, CHARLIE J. HARRISON, Jr., Mayor for the CITY OF PONTIAC, 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 PONTIAC, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accept, avl binds the CIV.-OF PONTIAC to the terms and conditions of this CONTRACT on this '1± day of J , 1994. 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. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation RRY ix CRAKE, Chairperson, Board a 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 C 1994. WITNESS: CONTRACT FOR WORLD CUP Attachmqnt 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 non-emergency which, in the sole judgment of any DEPUTY, appears to require the presence, attention, or services of any DEPUTY to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, and related law enforcement functions as authorized and/or mandated by law and/or valid CITY ordinances. 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 person's admissibility to any WORLD CUP EVENT(S) or become involved in any dispute resolution with any CITY AGENT(S) or any person attending any WORLD CUP EVENT(S), or enforce any other rule, policy, or regulation which does not involve the enforcement of the general criminal laws of this state or a valid CITY ordinance. A 2. "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 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 3. "CITY AGENT(S)" shall be defined to include any and all CITY officers, elected officials, appointed official, directors, board members, council members, authorities, authority board members, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, and representatives of the CITY, and/or any such persons', successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them and/or the CITY. CITY AGENT(S) as defined in this CONTRACT shall also include any person who was a CITY AGENT(S) at any time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected in their previous capacity. A 4. "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, or 10 CONTRACT FOR WORLD CUP Attachment A POLICE PROTECTION Detective Sergeant who pursuant to state law is a sworn Deputy of the SHERIFF and Michigan Law Enforcement Officers Training Council (M.L.E.O.T.C.) certified. A 5. "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, 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. A 6. "WORLD CUP EVENT(S)" shall be defined as any and all pre-planned and/or spontaneous official, sporting, entertainment, and/or social event, ceremony, activity, or function, at the Pontiac Silverdome or elsewhere within the CITY of Pontiac, associated with, reasonably related to, and/or incidental or subsequent to the World Cup Games being conducted within the CITY for which the CITY request supplemental POLICE PROTECTION from the 0.C.S.D. during the term of this CONTRACT. WORLD CUP EVENT(S) include POLICE PROTECTION activities on days on which Games are to be played as well as any other day or time that the CITY request supplemental POLICE PROTECTION. WORLD CUP EVENT(S) do not include any recognized police emergency (i.e., riots, insurrections, mass lawlessness, etc.) which cannot be adequately addressed by the combined police forces (including any 0.C.S.D. DEPUTIES) already provided, pre-positioned, and on hand. Any additional DEPUTIES dispatched by the 0.C.S.D., over and above any DEPUTIES already pre-positioned and assigned in the CITY pursuant to the terms of this CONTRACT, to respond specifically to any police emergency, such as described above, shall be provided by the 0.C.S.D. at no additional cost to the CITY. 11 CONTRACT FOR WORLD CUP Attachment B POLICE PROTECTION 0.C.S.D. INDEPENDENT STATUS B 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. B 2. Except as otherwise provided herein, the CITY agrees and warrants that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual DEPUTY, except that any money paid directly to the COUNTY by the CITY to reimburse the COUNTY for its costs pursuant to this CONTRACT shall not be deemed consideration paid by the CITY to any DEPUTY. The CITY, because DEPUTIES may be required to remain on site at some WORLD CUP EVENT(S) through a normally scheduled meal period, may provide 0.C.S.D. DEPUTIES with a lunch voucher, of nominal value, at no cost to any DEPUTY, without violating this CONTRACT. B 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. B 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 under this CONTRACT, except that the SHERIFF shall coordinate POLICE PROTECTION services of his DEPUTIES with other participating governmental law enforcement agencies in providing comprehensive POLICE PROTECTION services for the purposes of this CONTRACT. B 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 any WORLD CUP EVENT(S), 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 any WORLD CUP EVENT(S), or any other such performance-based outcome, but only that the SHERIFF will make every reasonable effort to provide 12 CONTRACT FOR WORLD CUP Attachment B POLICE PROTECTION professional POLICE PROTECTION services at any WORLD CUP EVENT(S), in accordance with generally accepted standards for POLICE PROTECTION with the DEPUTIES requested by the CITY. B 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 enforcement functions or POLICE PROTECTION, and that no DEPUTY shall be employed, in any manner or capacity, by the CITY. B 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, or train, any DEPUTY in the performance of any 0.C.S.D. duty or obligation to provide POLICE PROTECTION under the terms of this CONTRACT. B 8. 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. B 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 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. B 10. 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. 13 CONTRACT FOR WORLD CUP Attachment C POLICE PROTECTION CITY PROVIDED INSURANCE C 1. The CITY agrees, at its sole cost and expense, to purchase and maintain the following insurance coverage(s), in the minimum coverage amounts indicated, for the entire duration of this CONTRACT and to provide the COUNTY with appropriate Certificates of Insurance. The CITY acknowledges that all insurance obligations, bonds, and/or certificates, or proof of same, required shall be subject to the approval of the COUNTY's Risk Management Division. a. Comprehensive General Liability Broad Form Endorsement in the minimum amount of $1,000,000.00 C.S.L., and with the following as minimum requirements: i. Broad Form Property damage; ii. Premises/Operations; iii. (Blanket) Broad Form Contractual; iv. Personal Injury - delete contractual exclusion "A" and employee exclusion "C"; and v. Additional Insured - The COUNTY OF OAKLAND, the 0.C.S.D. and all COUNTY AGENT(S) as defined in this CONTRACT to include, without limitation, all COUNTY elected and appointed officials and their employees and agents. In respect to OAKLAND COUNTY SHERIFF'S DEPARTMENT services provided at the Pontiac Silverdome and its premises; the COUNTY of Oakland, the OAKLAND COUNTY SHERIFF'S DEPARTMENT and all COUNTY AGENT(S) as defined in this contract to include, without limitation, all COUNTY elected and appointed officials, and their employees, and agents, are named as additional insured excess of any valid, collectable, specific liability insurance and defense costs. b. Professional Liability (Errors and Omissions), including Police Professional Liability in the minimum amount of $1,000,000.00; and c. All Certificates of Insurance or self insurance shall contain the following clauses: i. "Any coverage afforded the COUNTY shall apply as primary and not excess to any insurance issued in the name of the COUNTY OF OAKLAND, et al."; ii. "The insurance companies issuing the policy or policies shall have no recourse against the COUNTY OF OAKLAND for payment of any premiums or for assessments under any form of policy"; iii. "Any and all deductibles in the above-described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the CITY"; and iv. "There will be no additional exclusions running to the Additional Insured based upon any actions or activities of the named insured." d. All Certificates of Insurance are to provide 30 day's notice of material change or cancellation. All Certificates of Insurance must be provided no less than five (5) working days before commencement of date of this CONTRACT to the COUNTY'S Risk Management Division. Insurance carriers, coverage(s), and policy limits are also subject to the approval of the COUNTY'S Risk Management Division as to conformity with the requirements of this CONTRACT. C 2. The CITY agrees that the COUNTY shall be legally subrogated to any rights to recover or any benefits the CITY may have in any insurance policy and to the full extent of any payment made under any insurance policy as may be required to make the COUNTY whole for any CLAIM(S). The CITY agrees to cooperate and do any act necessary to secure such rights for the COUNTY. 14 Resolution #94174 June 9, 1994 Moved by Obrecht supported by Kingzett the resolution be adopted. AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. LII HEREBY ROV Brooks Patte FrisOLUTION n,uuny Executive Date 011PLGOTIMMIIMINn1. 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 9, 1994 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand andArced the seal of the County of Oakland at Pontiac, Michigan this 9th day one („, .<7), D. Allen, County Clerk