HomeMy WebLinkAboutResolutions - 1999.04.29 - 25584MISCELLANEOUS RESOLUTION 1199072 April 15, 1999
BY: Public Services Committee, Frank H. Millard, Chairperson
IN RE: SHERIFF'S DEPARTMENT-CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES
FOR THE 1999/2000/2001 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 the
1999/2000/2001 seasons; 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 I's, and ten (10) part-time non-eligible Park
Deputies; and
WHEREAS the rates for 1999/2000/2001 seasons are included in the contract
as proposed by the Department of Management and Budget.
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 contract.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Causey-Mitchell and Dingeldey absent.
1999-2001 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, Michael J. Bouchard, 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.
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
CD_B_Dge 1
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
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 hall 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 PROTECTIION related duty or obligation which takes any
ii DEPUTY away from CAMP DEARBORN but which be an or arose while any DEPUTY was providing
POLICE PROTECTION at the CAMP DEARBORN (i. . hot pursuit, transporting a person for medical
attention, an automobile accident occurring on the publi 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.
1
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 tile 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 t and paid by the CITY directly to the COUNTY
at the Hourly Overtime Rate shown in Attachment B, which sh ll be in addition to any amounts otherwise due
and owing under the terms of this CONTRACT. If, however, e 0.C.S.D. was able to provide any additional
Part-Time PARK DEPUTY services requested by the CITY, ov r and above the Eighty (80) Hours during any
bi-weekly period as provided for in this CONTRACT, without the .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 on-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.O. 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) durirb which any DEPUTY rendered 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 foil any additional hours of work, any overtime
premiums incurred, and/or holiday pay during that bi-weeklyilling period. The CITY agrees to pay to the
COUNTY the full amount due on any such invoice within 30 d ys of the invoice date.
C0_8_096 2
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
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 unOer 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
when the SHERIFF, in his sole discretion and judgment as to the
his overall evaluation of Oakland County's immediate law enfor
allocation of 0.C.S.D. law enforcement personnel at that time to
SHERIFF and/or the 0.C.S.D. may be unable to assign any o
POLICE PROTECTION at CAMP DEARBORN during the term
and agrees that this CONTRACT does not, and is not intende
the CITY, or any corresponding absolute duty or obligation u
that any specific NUMBER(S) or RANK(S) of DEPUTIES will
services at CAMP DEARBORN at anytime. The CITY acknowle
and reasonable efforts to cooperate with the CITY in providi
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 professio alism 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.
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 p.C.S.D. nor any DEPUTY, by virtue of this
CONTRACT or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor,
: circumstances beyond the SHERIFF's control
rioritization of his law enforcement resources,
• ement needs, and his determination as to the
i best serve the citizens of Oakland County, the
all of the DEPUTIES contemplated to provide
1 of this CONTRACT. The CITY acknowledges
Ii to, create either any absolute right in favor of
on the SHERIFF or the 0.C.S.D. to guarantee
be present to provide POLICE PROTECTION
ges and agrees that the 0.C.S.D.'s good faith
g POLICE PROTECTION and to develop the
CO_B_D96 3
CD_B_D96 4
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
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 i
to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S)
of care, or liability associated with the ownership, maintenance, c
agrees that it shall, at all times and under all circumstances, ren
and all costs, obligations, and/or ci‘Al liabilities associated with owt
permitting any person to attend CAMP DEARBORN, incluc
Emergency Medical Treatment, rendering any first aid or medical
any fire or emergency evacuation plans or procedures, providir
or obligations, safety functions, and/or any other activity as
DEARBORN which is not expressly within the definition of P.
CONTRACT and which is not under the sole and exclusive cc
further agrees that it shall not reduce, eliminate, or otherwise fl
and type(s) of security , emergency, or other personnel and/or if
or protection(s) that the CITY normally provides to any CIT
DEARBORN due to the presence of the 0.C.S.D. and/or any I
5 not intended to, transfer, delegate, or assign
any civil or legal responsibility, obligation, duty
r operation of CAMP DEARBORN. The CITY
lain solely and exclusively responsible for any
ring and operating CAMP DEARBORN and/or
ing, but not limited to, the provision of any
treatment facilities, providing or implementing
9 for all basic crowd control, security services
,ociated with the normal operation of CAMP
)LICE PROTECTION under the terms of this
Introl and direction of the 0.C.S.D. The CITY
il to provide, in any way, the same number(s)
e scope of security and emergency service(s)
r AGENT(S) or any person attending CAMP
)EPUTY.
16. The CITY agrees that no CITY AGENT(S) (as defined in
out of any act(s) by any person in the performance of any duty u
asserted to be an employee of the 0.C.S.D. The CITY agrees
any and all CITY AGENT(S)' past, present, or future wages, con
benefits, pension or retirement benefits, travel expenses, mileage
Attachment A), either as a result of or arising
der this CONTRACT, shall be considered or
hat it shall be solely and completely liable for
pensation, overtime wages, expenses, fringe
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 cif 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 land/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-relateld 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 Inrith all DEPUTIES in providing any POLICE
PROTECTION services pursuant to this CONTRACT and conferm their activities to comply with the terms of
this CONTRACT, including, but not limited to, those of AttachMent C.
subcontract or otherwise, transfer, promise,
PROTECTION services or duties under this
ration, entity, or organization of any kind.
I of its current or proposed lease and licensing
s, and other persons who are or may become
IMP DEARBORN, and hereby represents and
aye, any other contractual agreement that will
y CITY AGENT(S), or any other person from
this CONTRACT.
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
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 AGIENT(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 ant
representations, liabilities, payment obligations, and/or any
CONTRACT with regard to any acts, occurrences, events, trans2
their basis in any events or transactions that occurred before the
shall survive the cancellation or expiration of this CONTRACT
I hold harmless promises, waivers of liability,
other related obligations provided for in this
ctions, or CLAIM(S) either occurring or having
cancellation or expiration of this CONTRACT,
20. Except as expressly provided herein, this CONTRA1
implication or otherwise, any direct or indirect obligation, duty, I
or any other right of any kind, in favor of any person, organiza
to be contractually, legally, equitably, or otherwise subrogated to
under the terms of this CONTRACT.
T does not, and is not intended to, create, by
romise, benefit, and/or right to be indemnified,
on, alleged third party beneficiary, or any right
3ny indemnification or any other right provided
21. The CITY agrees that it may not assign, delegate, contra
commit, or loan any 0.C.S.D.'s or any DEPUTY'S POLICE
CONTRACT to any other person and/or public or private corpi
22. The CITY represents and warrants that it has reviewed al
agreements with its patrons, concessionaires, promoters, vendor
contractually involved with the CITY for any event or activity at Ci
warrants that the CITY does not have, and will not in the future h
in any manner restrict, interfere with, or prohibit the CITY, an
complying with the CITY's obligations and duties as set forth in
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 DEPPTY.
24. Subject to the following Paragraph, this CONTRACT hall become effective on May 17, 1999 , and
shall remain in effect until it expires without any further act or notice being required of any party, at 11:59 p.m.
on September 18, 2001. While this is a three year contract, th0 actual periods under this CONTRACT when
the SHERIFF will be providing deputies to perform law enforceiment services during the course of each year
are as follows:
May 17, 1999 through September 20, 1999
May 15, 2000 through September 18, 2000
CD_S_D96 5
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
May 14, 1998 through September 24, 2001
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 18, 1998 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 Ote that such notice is deposited with sufficient
postage with the U.S. Postal Service.
27. This CONTRACT is made and entered into in the
interpreted, enforced and governed under the laws of the Stab
CONTRACT is intended to and, in all cases, shall be construE
not construed strictly for or against any party. As used in th
possessive or nonpossessive shall be deemed to include th
requires.
tate of Michigan and shall in all respects be
of Michigan. The language of all parts of this
d as a whole according to its fair meaning and
s CONTRACT, the singular or plural number,
e other whenever the context so suggests or
i
28. Absent an express written waiver, the failure of an
CONTRACT shall not be deemed a waiver of that right regardin
under this CONTRACT. No failure or delay on the part of any
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.
party to pursue any right granted under this
g any existing or subsequent breach or default
party in exercising any right, power or privilege
29. The COUNTY, the SHERIFF, and the CITY acknowled
each of them and, to the extent permitted by law, upon thei
executors, successors and assigns, and all persons acting by,
le that this CONTRACT shall be binding upon
administrators, representatives, subsidiaries,
hrough, under, or in concert with any of them.
30. This CONTRACT, consisting of a total of twelve (12) pa
are all hereby incorporated into and made part of this COts
increased POLICE PROTECTION at CAMP DEARBORN b
supersedes any and all prior agreements or understandings
matter hereof. It is further understood and agreed that the terms
not a mere recital and that there are no other agreements,
between the 0.C.S.D. and the CITY in any way related to the sul
herein. This CONTRACT shall not be changed or suppler
concurrent resolutions of the COUNTY Board of Commissionl
jes (including Attachments A, B, and C, which
TRACT), sets forth the entire agreement for
etween the 0.C.S.D. and the CITY and fully
etween them in any way related to the subject
and conditions herein are contractual and are
understandings, contracts, or representations
Oct matter hereof, except as expressly stated
iented orally and may be amended only by
Ks 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.
CO..8_096 6
BY:
JOHN P. 41ccULL1fICH, Chairperson,
Board of aorinmissioners
SHERIFF, COUNTY OF OAKLAND, a Michigan
Constitutiorodaificer
By;
MICHAEL J. BOUCWD,
WITNESS:
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 7Th day of M. av , 1999.
WITNESS: CITY OF DEARBORN, a Michigan
Constitutional and Municipal Corporation
a_ A By: Ai . lon'imump•
MICH EL A. GUI-I 0, Mayor
City o Dearborn
Authorized by C.R. No. 5-338-99
IN WITNESS WHEREOF, JOHN P. McCULLOCH, 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 l'AM-day of --AM cx.st , 1999.
WITNESS: COUNTY OF OAN_AND, a Michigan
Constitution4lahd punicipal Corporation
IN WITNESS WHEREOF, Michael J. Bouchard, in his offiPal capacity as the Oakland County Sheriff,
a Michigan Constitutional Officer, hereby accepts and binds thW Office of the Oakland County Sheriff to the
terms and conditions of this CONTRACT on this ie 14 day of /1/gy , 1999.
Oakland County Sheriff
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment A
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, andfor 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 actico, 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.
CD_B_DO6 8
CONTRACT FOR CAMP DEARBORN Attachment A
POLICE PROTECTION
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
Michael J. Bouchard, and any and all other COUNTY elected and appointed officials, commissioners, officers,
boards, committees, commissions, or their members, departments, divisions, trustees, volunteers, employees
(including any DEPUTY or DEPUTIES), agents, representatives, contractors, predecessors, successors,
assigns, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official
capacities), and any and all persons acting by, through, under, or in concert with any of them. COUNTY
AGENT(S) as defined in this CONTRACT shall also include any person who was a COUNTY AGENT(S) at any
time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected in
their previous capacity.
CO_B_096 9
HOURLY RATES
REGULAR AND OVERTIME
1999 2000 2001
DEPUTY RANK(S)
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment B
0.C.S.D. CONTRACTED DEPUTIES FOR CAMP DEARBORN
DEPUTY
NUMBER(S)
ONE (1)
FOUR (4)
DEPUTY I I $55.68 $ 57.35 $59. 0 7
DEPUTY I (s) $50.63 $ 52.15 $53.72
REGULAR HOURS
TEN (10) Part-Time $ 11.03 $ 11.36 $11.70
PARK DEPUTY(s)
OVERTIME
TEN (10) Part-Time $ 16.53 $ 17.03 $17.54
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 II '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.
C0_8_096 10
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment C
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 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,
CD_B_Dfle 11
CD_B_D96 12
•" •
CONTRACT FOR CAMP DEARBORN Attachment C
POLICE PROTECTION
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.
Resolution #99072 April 15, 1999
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
FISCAL NOTE (M.R. # 99072) April 29, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT-CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES
FOR THE 1999/2000/2001 SEASONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds that sufficient revenue and
expenditures have been included in the FY1999/2000 Biennial Budget to cover the
terms of the proposed contract, no additional appropriation is required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
•
•
Resolution #99072 April 29, 1999
Moved by Millard supported by Appel the resolution be adopted.
AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, McPherson, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on April 29, 1999 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 29tU day goof April, 1999.
G. William Caddell, County Clerk