HomeMy WebLinkAboutResolutions - 2004.08.05 - 27423PUBLIC SER1qCES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
MISCELLANEOUS RESOLUTION #04178 July 22, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: Sheriff's Office - Contract for Auxiliary Deputy Services in
the Charter Township of Bloomfield 2004
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners
to permit the Sheriff's Office to enter into contracts with local units
of government for the purpose of providing Sheriff patrol services; and
WHEREAS Miscellaneous Resolution #03265 adopted October 2, 2003,
established the standard law enforcement services overtime rates for
the period 2004-2008; and
WHEREAS the Charter Township of Bloomfield has requested that the
Oakland County Sheriff provide patrol services to the citizens of the
Township for special events within the Township; and
WHEREAS the Charter Township of Bloomfield has requested that a
contract for special events on an overtime basis be authorized; and
WHEREAS the Sheriff has agreed to contract for this service with
the Charter Township of Bloomfield.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with the Charter Township
of Bloomfield for special events on an overtime basis at rates
established by this Board.
BE IT FURTHER RESOLVED that this contract would take effect upon
execution of both parties.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
CONTRACT FOR AUXILARY SHERIFF'S DEPUTY SERVICES
FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
This CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE
CHARTER TOWNSHIP OF BLOOMFIELD (hereafter the "CONTRACT") is made and
entered into between the CHARTER TOWNSHIP OF BLOOMFIELD, a Michigan
Constitutional and Municipal Corporation, whose address is 4200 Telegraph Rd., P.O. Box
489, Bloomfield Hills, Michigan 48303 (hereafter the "TOWNSHIP"), and the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). In this
CONTRACT, the COUNTY and/or the TOWNSHIP may also be referred to as a "PARTY"
or the "PARTIES." 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, whenever the COUNTY
and SHERIFF are intended to be referred to jointly, they will be collectively referred to as
the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D."
INTRODUCTION:
A. Oakland Hills Country Club is hosting the Ryder Cup golf championship at Oakland
Hills Country Club which is located within the Charter Township of Bloomfield and in
Oakland County.
B. The TOWNSHIP recognizes that it is responsible for providing police protection for
persons and property during the Ryder Cup, and the TOWNSHIP anticipates that it
may not have sufficient TOWNSHIP police resources to independently meet the
TOWNSHIP'S potential police protection needs. In such circumstances, the
TOWNSHIP will request the SHERIFF'S assistance in meeting the TOWNSHIP'S
police protection needs. The TOWNSHIP acknowledges that, absent a statutory
agreement such as this, the SHERIFF has only limited responsibility for law
enforcement activities within the TOWNSHIP and is not required to assign any
specific Number(s) or Rank(s) of DEPUTIES, as defined herein, to provide DEPUTY
SERVICE(S), as defined herein, for the Ryder Cup held within the TOWNSHIP.
C. The TOWNSHIP, therefore, seeks a contract with the COUNTY, whereby, upon the
TOWNSHIP'S request, the 0.C.S.D. would, if otherwise able, provide AUXILIARY
DEPUTY SERVICE(S), as defined herein, on an overtime basis, to assist the
TOWNSHIP in meeting its police protection needs at the Ryder Cup.
D. The COUNTY is willing to provide DEPUTY SERVICE(S) for AUXILIARY police
protection pursuant to the terms and conditions of this CONTRACT, provided that
such AUXILIARY DEPUTY SERVICE(S) 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 result in the assumption
of any additional liability or any increased financial burden by COUNTY taxpayers.
NOW THEREFORE, in consideration of these premises and the promises, agreements,
representations, and acknowledgments contained in this CONTRACT and Attachment "A",
SHERIFF'S DEPUTY HOURLY OVERTIME COST RATE (hereafter "Attachment A") and
Attachment "B", CHARTER TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY
0.C.S.D. DEPUTY SERVICES (hereafter "Attachment B") which are both hereby
incorporated into and made part of this CONTRACT, it is mutually agreed as follows:
3 1 DEFINITIONS. In addition to the terms and expressions "TOWNSHIP", "COUNTY",
"PARTY", "PARTIES", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
DEPARTMENT", or "O.C.S.D.", "Attachment A", and "Attachment B", which are
defined in this CONTRACT, the parties agree that for all purposes, and as used
throughout this CONTRACT and Attachment A and Attachment B, the words and
expressions below are also defined terms under this CONTRACT. The parties also
agree that whenever any defined term or expression is printed in all uppercase
characters, 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.
"DEPUTY SERVICES" 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 the peace, public health, an accident or
accidental injury, and related law enforcement functions as authorized and/or
mandated by law to be performed by any 0.C.S.D. DEPUTY.
1.2 "CLAIM(S)" shall be defined to include any and all losses, complaints,
demands for relief or damages, lawsuits, causes of action, proceedings,
judgments, deficiencies, penalties, and 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,
1.1
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 2
regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
1.3 "TOWNSHIP AGENT(S)" shall be defined to include any and all TOWNSHIP
officers, elected officials, appointed official, directors, board members,
boards, committees, commissions, employees, police officers„ departments,
divisions, volunteers, agents, and representatives of the TOWNSHIP, 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 TOWNSHIP, except
that county "DEPUTIES"or "DEPUTY", or "ADDITIONAL DEPUTY" will not be
considered "TOWNSHIP AGENTS" for purposes of this CONTRACT.
TOWNSHIP AGENT(S) as defined in this CONTRACT shall also include any
person who was a TOWNSHIP AGENT(S) at any time during the term of this
CONTRACT but, for any reason, is no longer employed, appointed, or
elected in their previous capacity.
1.4 "DEPUTY" or "DEPUTIES", whether or not preceded by the term SHERIFF
or 0.C.S.D., shall be defined to include the Undersheriff, and any Captain,
Lieutenant, Sergeant, Deputy II, or Deputy I who, pursuant to state law, is a
sworn Deputy of the SHERIFF and is certified by the Michigan Law
Enforcement Officers Training Council (M.L.E.O.T.C.).
1.5 "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY
SHERIFF, SHERIFF MICHAEL J. BOUCHARD, and any and/or all other
COUNTY elected and appointed officials, commissioners, officers, boards,
committees, commissions, departments, divisions, 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 any time during the term of this CONTRACT but, for any
reason, is no longer employed, appointed, or elected in his/her previous
capacity.
3 2 TOWNSHIP REQUEST FOR DEPUTY SERVICES AT THE RYDER CUP". The
TOWNSHIP, upon independently determining a need for DEPUTY SERVICES at
the Ryder Cup through its Supervisor, or the Supervisor's designated
representative, whose name shall be provided in writing to the OAKLAND COUNTY
SHERIFF, shall request SHERIFF'S DEPUTY SERVICES from the SHERIFF, or his
designated representative, as follows:
2.1 The Supervisor, or his designated representative, shall verbally communicate
with the SHERIFF, or his designated representative, to discuss:
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 3
2.1.1 Whether or not the SHERIFF, or his designated representative,
anticipates he will be able to assign any DEPUTIES to provide
DEPUTY SERVICES at any EVENT;
2.1.2 The appropriate Number(s) and Rank(s) of DEPUTIES, and Number
of Hour(s) of overtime requested by the TOWNSHIP and whether in
the SHERIFF'S, or his designated representative's judgment and
opinion, the requested compliment of DEPUTIES will be able to
provide adequate police protection at the Ryder Cup;
2.1.3 The estimated "COUNTY COSTS", as defined herein, should the
SHERIFF assign DEPUTIES in the Number(s), Rank(s), and for the
period of time the SHERIFF and the Supervisor, or their designated
representatives, determine may be necessary to provide adequate
police protection at the Ryder Cup.
2.2 If, after the above discussions, and subject to the terms of this CONTRACT,
the Supervisor and the SHERIFF, or their designated representatives, are
satisfied that providing AUXILIARY DEPUTY SERVICES at the Ryder Cup is
possible and the estimated COUNTY COSTS for such AUXILIARY DEPUTY
SERVICES are acceptable to the TOWNSHIP, then the TOWNSHIP, through
its Supervisor or his designated representative, shall execute and deliver to
the SHERIFF a completed copy of Attachment B.
3 3 CHARTER TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D.
_DEPUTY SERVICES(Attachment B). The TOWNSHIP agrees that, upon receipt
of a signed and fully completed copy of Attachment B, Charter Township of
Bloomfield REQUEST FOR AUXILIARY 0.C.S.D. DEPUTY SERVICES for the
Ryder Cup, that the SHERIFF on behalf of the COUNTY, may accept and
undertake the provision of the requested DEPUTY SERVICES by simply performing
such acts as necessary to develop the necessary schedules, budgets and plans,
and/or notifying or assigning such DEPUTIES as necessary to enable the 0.C.S.D.
to provide the Number(s) and Rank(s) of DEPUTIES contemplated at the Ryder
Cup. No written acceptance of the TOWNSHIP request, (i.e., Attachment B) from
the 0.C.S.D. shall be required. The TOWNSHIP agrees that any act or forbearance
by the 0.C.S.D. in response to or as a result of the receipt of Attachment B from the
TOWNSHIP, which results in the COUNTY'S incurring any COUNTY COSTS, as
defined in this CONTRACT, shall obligate the TOWNSHIP to pay the COUNTY for
any such COUNTY COSTS incurred. The TOWNSHIP further agrees that:
3.1 Any Attachment B, CHARTER TOWNSHIP OF BLOOMFIELD REQUEST
FOR AUXILIARY 0.C.S.D. DEPUTY SERVICES signed and submitted by
the Supervisor, or his designated representative shall in all regards be
interpreted and governed by the terms and conditions of this CONTRACT.
3.2 The TOWNSHIP shall provide the 0.C.S.D. with as much advance notice
and a fully completed Attachment B, CHARTER TOWNSHIP OF
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 4
BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D. DEPUTY SERVICES,
as soon as reasonably possible in advance of the Ryder Cup at which any
DEPUTY SERVICES are anticipated.
3.3 The Supervisor, or his designated representative, has full authority to submit
a fully completed copy of Attachment B for the Ryder Cup and bind the
TOWNSHIP to the resulting payment obligations to the COUNTY.
3.4 The 0.C.S.D. may accept as true that any TOWNSHIP AGENT(S) submitting
an Attachment B to the 0.C.S.D. has been authorized by the TOWNSHIP to
submit same, and the TOWNSHIP agrees to waive any argument or defense
based, in any way, upon any mistake or upon any TOWNSHIP AGENT(S)
lack of proper authorization to either request 0.C.S.D. DEPUTY SERVICE or
otherwise obligate the TOWNSHIP to pay for any resulting DEPUTY
SERVICES.
3.5 The TOWNSHIP may withdraw any Attachment B, CHARTER TOWNSHIP
OF BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D. DEPUTY
SERVICES, previously submitted pursuant to this CONTRACT at any time
prior to the Start Time of any requested DEPUTY SERVICES shown on any
Attachment B for the Ryder Cup by delivering written notice to the SHERIFF
or his designated representative either in person or as provided for in this
CONTRACT; however, the TOWNSHIP shall remain obligated to reimburse
the COUNTY for any and all COUNTY COSTS (e.g., minimum overtime pay,
minimum contract call-in or overtime notice provisions, etc.) incurred by the
COUNTY prior to the delivery of the written withdrawal notice.
3.6 The 0.C.S.D. shall neither be expected nor obligated in any manner to plan
or otherwise make any arrangements to provide for any DEPUTY SERVICES
for the Ryder Cup prior to its receipt of a fully completed copy of Attachment
B, CHARTER TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY
0.C.S.D. DEPUTY SERVICES.
3 4 0.C.S.D. OBLIGATION TO PROVIDE DEPUTY SERVICES. Subject to the terms
of this CONTRACT, upon receipt of a fully executed Attachment B, CHARTER
TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D. DEPUTY
SERVICES for the Ryder Cup, the SHERIFF may assign, on an overtime basis,
DEPUTIES in such Number(s) and Rank(s) as the SHERIFF and the Supervisor, or
their designated representatives, may have agreed to, and as shown in any
Attachment B, or the SHERIFF shall notify the Supervisor, or his designated
representative, that the 0.C.S.D. will be unable to favorably respond to the
TOWNSHIP'S request for DEPUTY SERVICES.
4.1 In the event the SHERIFF is unable to provide any or all DEPUTIES
SERVICES requested in any Attachment B the Ryder Cup, he, or his
designated agent, shall verbally communicate that fact to the Supervisor, or
his designated representative, as soon as such fact becomes reasonably
known to him.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 5
4.2 The TOWNSHIP acknowledges and agrees that there may be circumstances
beyond the SHERIFF'S control when the SHERIFF, in his sole discretion and
judgment as to the prioritization of his law enforcement resources and
DEPUTIES, his overall evaluation of Oakland County's immediate law
enforcement needs, and his sole determination as to the allocation of
0.C.S.D. law enforcement personnel at that time to best serve the citizens of
Oakland County, may be unable to assign, and/or if already assigned,
remove at anytime, with or without replacement, any or all of the DEPUTIES
contemplated to provide DEPUTY SERVICES for the Ryder Cup. The
TOWNSHIP acknowledges and agrees that this CONTRACT does not, and
is not intended to, create either any absolute right in favor of the TOWNSHIP
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 DEPUTY SERVICES at the Ryder Cup, but only
that the SHERIFF shall make every reasonable effort, subject to the above
conditions, to provide adequate DEPUTY SERVICES at the Ryder Cup. The
TOWNSHIP hereby acknowledges, based upon its prior experience working
with the 0.C.S.D. in similar circumstances, that the 0.C.S.D.'s good faith and
reasonable efforts to cooperate with the TOWNSHIP in providing DEPUTY
SERVICES in these regards is sufficient and adequate consideration upon
which to warrant and bind the TOWNSHIP to the terms of this CONTRACT.
3 5 TOWNSHIP PAYMENT FOR DEPUTY SERVICES. The TOWNSHIP agrees to pay
to the COUNTY the COUNTY COSTS associated with providing DEPUTY
SERVICES at the Ryder Cup. "COUNTY COSTS" shall be defined and calculated
as follows:
5.1 For each DEPUTY (except an ADDITIONAL DEPUTY) who renders any
DEPUTY SERVICES at the Ryder Cup pursuant to an Attachment B
submitted by the TOWNSHIP, the TOWNSHIP shall pay to the COUNTY an
amount equal to: the total number of "HOUR(S) OF DEPUTY SERVICES",
as described below, including any part of any Hour, for any and all DEPUTY
SERVICES rendered by each individual DEPUTY, multiplied by the Hourly
Overtime Cost Rate, as shown in Attachment A, for the year in which such
DEPUTY SERVICES were rendered, for each such DEPUTY'S
corresponding Rank shown in Attachment A.
5.2 The COUNTY shall total the COUNTY COSTS for all DEPUTIES providing
DEPUTY SERVICES at the Ryder Cup and prepare and send to the
TOWNSHIP such invoice(s) setting forth the amount due for each DEPUTY'S
SERVICES rendered. The TOWNSHIP agrees to pay to the COUNTY the
full amount due and owing on any invoice(s) within 45 days of the invoice
date.
5.3 It is agreed between the parties that a law enforcement officer is always
responsible for enforcing the criminal code and for responding to criminal
acts brought to the officers attention or committed in the officers presence.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
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With this understanding, and, except as otherwise expressly provided for in
this CONTRACT, any DEPUTY (or ADDITIONAL DEPUTY pursuant to the
provisions of Paragraph 1.7) providing DEPUTY SERVICES at the Ryder
Cup shall work, during those "HOUR(S) OF DEPUTY SERVICES" for which
the TOWNSHIP is being charged only on the Ryder Cup related matters.
The TOWNSHIP agrees, however, that whenever any DEPUTY assigned to
provide DEPUTY SERVICES under this CONTRACT is not directly present
at the Ryder Cup due to any of the reasons described in the following
subsections, such periods of time shall be included in and counted toward
the "HOUR(S) OF DEPUTY SERVICES" provided under the terms of this
CONTRACT:
5.3.1 Any appearance in any Court or any meeting with any other law
enforcement agency in connection with any prosecution or Court
appearance related to or resulting from any DEPUTY SERVICES at
the Ryder Cup;
5.3.2. Any performance of any DEPUTY SERVICES for the TOWNSHIP at
the Ryder Cup which takes any DEPUTY away from the Ryder Cup;
5.3.3. Any time expended transporting any person arrested by any DEPUTY
during the course of providing DEPUTY SERVICES at the Ryder Cup
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);
5.3.4 Any minimum call-in or overtime hour(s) guaranteed to DEPUTIES
under any applicable union or employment contract; and/or
5.3.5 Any performance of any DEPUTY SERVICES related duty or
obligation which takes any DEPUTY away from the Ryder Cup but
which begins or arises while any DEPUTY is providing DEPUTY
SERVICES at the Ryder Cup (i.e., hot pursuit, transporting a person
for medical attention, an automobile accident occurring on any public
road, etc.).
5.3.6 The TOWNSHIP'S responsibilities under the terms of this Paragraph
5.3 and its sub-paragraphs shall survive the Expiration of this
CONTRACT pursuant to Paragraph 11.4 of this CONTRACT.
5.4 The TOWNSHIP shall pay such amounts as shown on any O.C.S.D. invoice
by a check drawn on a TOWNSHIP account which shall be made payable to
the County of Oakland and delivered to the attention of: Mr. Pat Dohany,
Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-
0479 (or such other person as the County may from time to time designate in
writing). Each such payment shall clearly identify that it is a payment for
DEPUTY SERVICES made pursuant to this CONTRACT.
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5.5 The TOWNSHIP agrees that any and all of its payment obligations as set
forth in this CONTRACT shall be absolute and unconditional in all events and
shall not be subject to any set-off, defense, counterclaim, or recoupment for
any reason whatsoever. The TOWNSHIP further agrees that when any
amount is due and owing to the COUNTY under this CONTRACT, which is
still unpaid at the time the COUNTY distributes any funds to the TOWNSHIP
from the Delinquent Tax Revolving Fund (DTRF), the COUNTY shall, in its
sole discretion, be entitled to reduce, set-off, and permanently retain from
any amount due to the TOWNSHIP from Delinquent Tax Revolving Fund
(DTRF) any amount then due and owing the COUNTY pursuant to this
CONTRACT.
5.6 The TOWNSHIP acknowledges that the same practical and financial
restrictions which limit TOWNSHIP police resources also limit the ability of
the SHERIFF to assign DEPUTIES to DEPUTY SERVICES for SPORTING
EVENT OR SPECIAL SILVERDOME EVENT OR ARTS, BEATS, AND EATS
as part of their normal job duties. The TOWNSHIP further recognizes that
because many of the DEPUTIES normal work assignments (i.e., prisoner
pickups, jail activity, court appearances, court support functions, etc.) do not
conflict with the Ryder Cup, the SHERIFF should, in most instances, be able
to provide AUXILIARY DEPUTY SERVICES at the Ryder Cup, on an
overtime basis only, without unduly interfering with a DEPUTY'S normal
0.C.S.D. work assignment.
5.7 The TOWNSHIP agrees that it has, to its satisfaction, examined the
0.C.S.D.'s wage and cost structures and agrees that the above Hourly
Overtime Cost Rate for DEPUTY SERVICES, as shown in Attachment A, is
to reimburse the COUNTY for cost of DEPUTY'S SERVICES, and is not
intended to result in any net financial gain or profit for the COUNTY. The
TOWNSHIP agrees that the Hourly Overtime Cost Rate only guarantees that
the 0.C.S.D. is fully reimbursed for any and all salary costs, including the
necessary overtime premiums and a prorated factor in recognition of the
average DEPUTY fringe benefit, equipment, and supply costs incurred by the
0.C.S.D. for equipment, automobile expenses, supplies, and other related
expenses that the COUNTY will incur for, or on behalf of its DEPUTIES in
order to provide AUXILIARY DEPUTY SERVICES at the Ryder Cup.
5.8 The 0.C.S.D. agrees that, upon request, any 0.C.S.D. payroll policies,
payroll or attendance records, procedures, employment contracts, equipment
cost structures, etc., applicable to the determination of any COUNTY COSTS
to be reimbursed and paid to the COUNTY by the TOWNSHIP pursuant to
this CONTRACT shall be made available by appointment by the 0.C.S.D. for
inspection by the TOWNSHIP.
3 6 ASSURANCES AND CERTIFICATIONS.
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6.1 The 0.C.S.D. and the TOWNSHIP agree and acknowledge that the sole and
exclusive purpose of this CONTRACT is to provide governmental law
enforcement and DEPUTY SERVICES. The 0.C.S.D. and the TOWNSHIP
agree and acknowledge that the DEPUTY SERVICES activities provided
for under the terms of this CONTRACT are strictly limited to those
governmental law enforcement functions authorized by law.
6,2 The TOWNSHIP 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 TOWNSHIP, and
hereby represents and warrants that the TOWNSHIP 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
TOWNSHIP, any TOWNSHIP AGENT(S), or any other person from
complying with the TOWNSHIP"S obligations and duties as set forth in this
CONTRACT and/or the 0.C.S.D.'s provision of DEPUTY SERVICES as set
forth herein.
6.3 The TOWNSHIP agrees that no TOWNSHIP AGENT(S), 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 TOWNSHIP agrees that it shall be solely and
completely liable for any and all TOWNSHIP AGENT(S) past, present, or
future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training
expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers= disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and
benefits, any employment taxes, and/or any other statutory or contractual
right or benefit based on or in any way related to any TOWNSHIP AGENT(S)
employment status or any alleged violation of any TOWNSHIP AGENT(S)
statutory, contractual, or constitutional rights by the TOWNSHIP, the
COUNTY or any COUNTY AGENT(S). The TOWNSHIP 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
TOWNSHIP AGENT(S) which are based upon, result from, or arise from, or
are in any way related to any TOWNSHIP AGENT(S) wages, compensation,
benefits, or other employment-related rights, including, but not limited to,
those described in this section.
6.4 The TOWNSHIP 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 TOWNSHIP, any
TOWNSHIP AGENT(S), or any person attending the Ryder Cup, that any
DEPUTY SERVICES 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 the Ryder Cup, or any other such
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Page 9
performance-based outcomes, but only that the SHERIFF will make every
reasonable effort to provide professional DEPUTY SERVICES at the Ryder
Cup in accordance with generally accepted standards for DEPUTY
SERVICES with the number and ranks of DEPUTIES requested by the
TOWNSHIP.
3 7 RESERVATION OF RIGHTS.
7.1 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. The TOWNSHIP 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
TOWNSHIP governmental functions, obligations and responsibilities.
7.2 The TOWNSHIP 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 which is not expressly within the definition of DEPUTY SERVICES
under the terms of this CONTRACT and which is not under the sole and
exclusive control and direction of the 0.C.S.D.
3 8 0.C.S.D. INDEPENDENT CONTRACTOR STATUS. The TOWNSHIP and the
0.C.S.D. agree that neither the COUNTY, any COUNTY AGENT(S), nor any
DEPUTY, by virtue of this CONTRACT or otherwise, shall be considered or
asserted to be an employee, contractor, subcontractor, partner, joint venturer,
representative, or agent of the TOWNSHIP and/or any TOWNSHIP AGENT(S), and
further agree that, at all times and for all purposes under the terms of this
CONTRACT, the 0.C.S.D., any and all COUNTY AGENT(S) and/or DEPUTIES'
relationship to the TOWNSHIP shall be that of an Independent Contractor and shall
be controlled and governed by the terms of this CONTRACT.
8.1 The PARTIES agrees 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.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR TI1E CHARTER TOWNSHIP OF BLOOMFIELD
Page 10
8.2 The PARTIES agrees 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.
8.3 Except as otherwise provided herein, the TOWNSHIP 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 TOWNSHIP to reimburse the COUNTY for its
costs pursuant to this CONTRACT shall not be deemed consideration paid
by the TOWNSHIP to any DEPUTY.
8.4 Under the terms of this CONTRACT, the TOWNSHIP agrees and promises
that no DEPUTY shall be asked or required to perform any services directly
for the TOWNSHIP, or otherwise be available to perform any other work or
assignments from the TOWNSHIP, or be expected to perform any acts other
than governmental law enforcement functions or DEPUTY SERVICES, and
that no DEPUTY shall be employed, in any manner or capacity, by the
TOWNSHIP.
8.5 The TOWNSHIP agrees that neither the TOWNSHIP nor any TOWNSHIP
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 DEPUTY SERVICES under the terms of this CONTRACT.
8.6 The PARTIES agrees 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:
8.6.1 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;
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 1 I
8.6.2 Any applicable 0.C.S.D. employment and/or union contract(s);
8.6.3 Any level(s) or amount(s) of DEPUTY supervision, standard(s) of
performance, training and education standard(s); and/or
8.6.4 Any 0.C.S.D. rules, regulations, hours of work, shift assignments,
orders, policies, procedures, directives, ethical guidelines, 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.
8.7 The PARTIES agrees that this CONTRACT does not, and is not intended to,
limit, modify, control, or otherwise affect in any manner the complete and
unilateral discretion of the SHERIFF to either continue or revoke the
deputization of any DEPUTY who in the Sheriffs sole judgment, he does not
believe is qualified or otherwise fit to be an 0.C.S.D. DEPUTY.
8.8 The PARTIES 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 TOWNSHIP 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
DEPUTY SERVICES policies, practices or procedures under this
CONTRACT, except that the SHERIFF shall coordinate DEPUTY SERVICES
of his DEPUTIES with other participating governmental law enforcement
agencies in providing comprehensive DEPUTY SERVICES for the purposes
of this CONTRACT.
8.9 The PARTIES 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.
3 9 TOWNSHIP PROVIDED INSURANCE. The TOWNSHIP 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
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 12
and to provide the COUNTY with appropriate Certificates of Insurance. The
TOWNSHIP 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.
9.1 Commercial General Liability Broad Form Endorsement in the minimum
amount of $1,000,000.00 C.S.L., and with the following as minimum
requirements:
9.1.1 Broad Form Property damage;
9.1.2 Premises/Operations;
9.1.3 (Blanket) Broad Form Contractual;
9.1.4 Personal Injury - delete contractual exclusion "A" and employee
exclusion "C"; and
9.1.5 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 are named as additional insured excess
of any valid, collectable, specific COUNTY liability insurance and
defense costs.
9.2 Professional Liability (Errors and Omissions), including Police Professional
Liability in the minimum amount of $1,000,000.00; and
9.3 All Certificates of Insurance or self insurance shall contain the following
clauses:
9.3.1 "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.";
9.3.2 "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";
9.3.3 "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 TOWNSHIP"; and
9.3.4 "There will be no additional exclusions running to the Additional
Insured based upon any actions or activities of the named insured."
9.4 All Certificates of Insurance are to provide 30 days' notice of material change
or cancellation. All Certificates of Insurance must be provided no less than
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 13
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.
9.5 The TOWNSHIP agrees that the COUNTY shall be legally subrogated to any
rights to recover or any benefits the TOWNSHIP 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
TOWNSHIP agrees to cooperate and do any act necessary to secure such
rights for the COUNTY.
3 10 TOWNSHIP OBLIGATION TO INDEMNIFY. Except as otherwise provided in this
section, and to the extent permitted by law, the TOWNSHIP 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 TOWNSHIP
and/or any TOWNSHIP AGENT(S), including, but not limited to: (a) any alleged
breach of legal duty to any person by the TOWNSHIP and/or any
TOWNSHIPAGENT(S); (b) any alleged failure by the TOWNSHIP or any
TOWNSHIP AGENT(S) to comply with any TOWNSHIP duty or obligation in this
CONTRACT; and any other CLAIM(S) based, in any way, upon any TOWNSHIP or
TOWNSHIP AGENT(S) services, buildings, equipment, or any other event,
occurrence, duty, or obligation related or attendant thereto. The TOWNSHIP,
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 grossly negligent or at fault for any specific dollar amount of
damages or loss to any person other than the TOWNSHIP or any TOWNSHIP
AGENT(S). The TOWNSHIP 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.
10.1 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 TOWNSHIP under the terms of this
CONTRACT and applicable to any part of any ultimate COUNTY and/or any
COUNTY AGENT(S) net loss whether or not any such insurance coverage is
stated to be primary, contributing, excess, or contingent. To the extent that
the TOWNSHIP'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 TOWNSHIP shall contribute
the maximum portion that it is permitted to pay and satisfy under applicable
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 14
law toward the payment and satisfaction of any CLAIM(S) against the
COUNTY and/or any COUNTY AGENT(S).
10.2 The TOWNSHIP agrees that all TOWNSHIP 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.
10.3 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.
10.4 The COUNTY agrees that all COUNTY representations, liabilities, 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 transaction that occurred before the
cancellation or expiration of this CONTRACT shall survive the cancellation or
expiration of this CONTRACT.
3 11 GENERAL CONTRACT PROVISIONS.
11.1 NO THIRD-PARTY BENEFICIARIES. The TOWNSHIP 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 DEPUTY SERVICES or governmental law
enforcement protection in favor or for 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
TOWNSHIP 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 the Ryder Cup
shall be present strictly and solely to perform DEPUTY 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 TOWNSHIP or provide any particular, direct, or specific
service or benefit to or for the TOWNSHIP, any TOWNSHIP AGENT(S), or
any patron or other person attending the Ryder Cup.
11.2 NO DELEGATION OR ASSIGNMENT OF THIS CONTRACT. The
TOWNSHIP agrees that it may not assign, delegate, contract, subcontract or
otherwise, transfer, promise, commit, or loan any 0.C.S.D.'s or any
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 15
DEPUTY'S DEPUTY SERVICES or duties under this CONTRACT to any
other person and/or public or private corporation, entity, or organization of
any kind.
11.3 NOTICE OF ANY CLAIM(S). The TOWNSHIP 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
TOWNSHIP becomes aware of which involves in any way the 0.C.S.D. or
any DEPUTY. The TOWNSHIP 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.
11.4 TERM, EFFECTIVE DATE, CANCELLATION and RENEWAL.
11.4.1 Subject to the following subsection, and unless canceled as provided
for in this section, this CONTRACT shall become effective upon
execution by all parties and shall remain in effect continuously until it
expires. The TOWNSHIP'S responsibility for any costs associated with
DEPUTY SERVICES provided pursuant to Paragraph 5.3 and its sub-
paragraphs, shall survive the expiration of this contract until such time
as all DEPUTY SERVICES pursuant to Paragraph 5.3 and its sub-
paragraphs are concluded and the COUNTY has been paid for such
DEPUTY SERVICES. Either the COUNTY, the SHERIFF, or the
TOWNSHIP may cancel this CONTRACT, for any reason, including
the convenience of any PARTY, and without any penalty, before its
expiration by delivering a written notice of the cancellation of this
CONTRACT to the other signatories to this CONTRACT, or their
successors in office. Such written notice shall provide at least a
fourteen (14) calendar day notice of the effective date of cancellation,
and such cancellation of this CONTRACT shall be effective at 11:59
P.M. on last calendar day of the fourteen (14) calendar day notice
period.
11.4.2 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 TOWNSHIP Board. The
approval and terms of this CONTRACT shall be entered in the official
minutes and proceedings of the COUNTY Board of Commissioners
and TOWNSHIP Board and shall also be filed with the office of the
Clerk for the COUNTY and the TOWNSHIP. In addition, this
CONTRACT, and any subsequent amendments, shall be filed with the
Secretary of State for the State of Michigan by the COUNTY and shall
not become effective or implemented prior to its filing with the
Secretary of State.
11.5 NOTICES. Any signatory or any signatories' successor in office to this
Agreement shall send, by first class mail, or alternatively may deliver in
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 16
person, any correspondence and written notices required or permitted by this
Agreement to each of the signatories of this Agreement, or any signatories'
successor in office, to the addresses shown in this Agreement. Any written
notice required or permitted under this Agreement 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 or delivered to such persons
office during normal working hours.
11.6 APPLICABLE LAW. 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, and to the extent allow by law or
Court Rule, venue shall be in Oakland County. 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.
11.7 NO IMPLIED WAIVERS. 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.
11.8 SUCCESSORS AND ASSIGNS BOUND. The COUNTY, the SHERIFF, and
the TOWNSHIP 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.
11.9 EFFECT OF CANCELLATION OR TERMINATION. The TOWNSHIP agrees
that any and all TOWNSHIP obligations, including, but not limited to, any and
all indemnification and hold harmless promises, insurance coverage(s),
waivers of liability, liabilities, any TOWNSHIP payment obligations to the
COUNTY, 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 completion of this CONTRACT, shall
survive the cancellation or completion of this CONTRACT. The expiration,
cancellation, or termination of this CONTRACT shall be without prejudice to
any rights or claims of either PARTY against the other and shall not relieve
either PARTY of any obligations which, by their nature, survive expiration or
termination of this CONTRACT.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 17
11.10 CAPTIONS. The section or paragraph numbers, headings, and captions
contained in this CONTRACT are intended for the convenience of the reader
and not intended to have any substantive meaning and/or be interpreted as
part of the CONTRACT.
11.11 ENTIRE AGREEMENT BETWEEN THE PARTIES. This CONTRACT,
consisting of a total of eighteen (18) pages, including Attachment A, and
Attachment B, which are incorporated herein, sets forth the entire agreement
for DEPUTY SERVICES at the Ryder Cup between the 0.C.S.D. and the
TOWNSHIP and fully supersedes any and all prior agreements or
understandings between them in any way related to the subject matter
hereof. It is further understood and agreed that the terms and conditions
herein are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the
0.C.S.D. and the TOWNSHIP 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
TOWNSHIP Board for the Charter Township of Bloomfield.
11.12 NO CONFLICT WITH EXISTING TOWNSHIP CONTRACTS. The
TOWNSHIP acknowledges that it has reviewed all of its current or proposed
contracts, including any and all labor or union contracts with any TOWNSHIP
AGENT, and hereby warrants that the TOWNSHIP does not have and will
not have at any time during the term of this CONTRACT, any other
contractual agreements that will in any manner restrict, interfere with, or
prohibit the TOWNSHIP and any TOWNSHIP AGENTS, or any other person
from complying with the TOWNSHIP'S obligations and duties as set forth in
this CONTRACT and/or the DEPUTIES SERVICES as described herein. The
TOWNSHIP further agrees that the TOWNSHIP'S obligation to indemnify the
COUNTY and/or any COUNTY AGENT(S), and that the provisions of section
10 and all of its subsections, will apply if the COUNTY and/or COUNTY
AGENT(S) are brought into any labor dispute between the TOWNSHIP and
any of its bargaining units or other labor organizations as a result of
DEPUTIES SERVICES, DEPUTIES, or ADDITIONAL DEPUTIES being
provided to the TOWNSHIP. The term labor dispute shall include, but not be
limited to, unfair labor practices, actions for breach of contract, or any other
labor dispute arising as a result of DEPUTIES SERVICES, DEPUTIES, or
ADDITIONAL DEPUTIES being provided to the TOWNSHIP.
3 12 CONCLUSION. 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 TOWNSHIP and the COUNTY hereby agree and
promise to be bound by the terms and provisions of this CONTRACT.
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 18
IN WITNESS WHEREOF, Dave Payne, Supervisor, of the Charter Township of Bloomfield,
hereby acknowledges that he has been authorized by a resolution of the Bloomfield
Township Board (a certified copy of which is attached) to execute this CONTRACT on
behalf of the CHARTER TOWNSHIP OF BLOOMFIELD and hereby accepts and binds the
CHARTER TOWNSHIP OF BLOOMFIELD to the terms and conditions of this CONTRACT
on this day of ,2004.
CHARTER TOWNSHIP OF
BLOOMFIELD,
a Michigan Mglicipal zgrporation
WITNESSES:
BY:
Dave Payne
Supervisor
BY \)L)
Wilma S. Cotton
Clerk
IN WITNESS WHEREOF, Thomas Law, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners (a certified copy of which is attached) to execute
this CONTRACT on behalf of the COUNTY OF OAKLAND and hereby accepts and binds
the COUNTY OF OAKLAND to the terms and conditions of the CONTRACT on this I /—
day ofRt.A.NAA.:\-- , 2004.
WITNESS: COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY:
Thomas Law,
Chairperson, Oakland County Board
of Commissioners
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 19
(
WITNE S:
.41101' BY:
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the
Oakland County Sheriff, a Michigan Constitutional Officer, hereby curs an cepts the
terms and conditions of this CONTRACT on this th day of
OAKLAND COUNTY SHERIFF, a
Michigan Constitutional Officer
MICHAEL 'BOUCHARD,
Oakland County Sheriff
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 20
ATTACHMENT A
SHERIFF'S DEPUTY HOURLY OVERTIME COST RATE
SHERIFF'S DEPUTY Hourly
RANK Overtime
(job classification) Cost Rate
2004
Lieutenant $67.87
Sergeant $61.90
Deputy ll $53.73
Deputy I $40.58
CONTRACT FOR AUXILIARY SHERIFFS DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF' BLOOMFIELD
Page 21
ATTACHMENT B
CHARTER TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D.
DEPUTY SERVICES
TO: MICHAEL J. BOUCHARD, Oakland County Sheriff
OAKLAND COUNTY SHERIFF'S DEPARTMENT
1201 N. Telegraph Road
Pontiac, MI 48341-1044
Phone: (248)858-5001; Fax: (248)858-1806
FROM: Dave Payne, Supervisor (or designated representative)
Charter Township of Bloomfield
4200 Telegraph Rd., P.O. Box 489
Bloomfield Hills, Michigan 48303
Phone: (248) 433-7700; FAX (248) 433-7714
The TOWNSHIP, pursuant to the CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY
SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD between the TOWNSHIP
and the COUNTY OF OAKLAND, the terms of which are hereby incorporated into and made
part of this Request, requests that the SHERIFF provide the Numbers and Ranks of
SHERIFF'S DEPUTIES for the periods of time indicated below, to provide AUXILIARY
DEPUTY SERVICES for the Ryder Cup.
DATE OF Ryder Cup:
DURATION OF REQUESTED DEPUTY SERVICES: Start End
NUMBER(s) and RANK(s) of SHERIFF'S DEPUTIES requested to provide DEPUTY
SERVICES at the Ryder Cup:
Number(s) of Rank(s) of SHERIFF'S
SHERIFF'S DEPUTIES DEPUTIES Requested
Requested
The undersigned hereby acknowledges and affirms that he or she has been authorized by
the CHARTER TOWNSHIP OF BLOOMFIELD to initiate this request for CHARTER
TOWNSHIP OF BLOOMFIELD REQUEST FOR AUXILIARY 0.C.S.D. DEPUTY SERVICES
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 22
- r
Dave Payne, Supervisor
(or designated representative)
Date: /or
and bind the TOWNSHIP to reimburse the COUNTY OF OAKLAND for any COUNTY
COSTS incurred in response to preparinolo or assigning the above Number(s) and Rank(s)
of SHERIFF'S DEPUTIES to proye II4EPAJTY SERVICES at the Ryder Cup.
587665_1
CONTRACT FOR AUXILIARY SHERIFF'S DEPUTY SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD
Page 23
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
JUNE 28, 2004
PAGE —1-
PRESENT: Payne, Cotton, Devine, Stefanes, Rancelli, Buckley
Also present, Attorney David Gillam
ABSENT; Barnett
MOTION WAS MADE BY Devine and supported by Buckley to APPROVE a
contract between Bloomfield Township and the Oakland County Sheriffs
Department for the purpose of providing County Sheriff services and assistance
to the Township in connection with the 2004 Ryder Cup Tournament scheduled
for September 14, 2004 through September 19, 2004.
RESOLUTION
WHEREAS, the Charter Township of Bloomfield Police Department has
requested the assistance of the Oakland County Sheriffs Department for law
enforcement services during the Ryder Cup Tournament; and
WHEREAS, the Township and the Oakland County Sheriffs Department
desire to enter into a contract for the purpose of providing County Sheriff services
and assistance to the Township in connection with the 2004 Ryder Cup
Tournament scheduled for September 14, 2004 at the Oakland Hills Country
Club; and
WHEREAS, the parties have negotiated a mutually acceptable contract
which is attached to this Resolution providing compensation to the Oakland
County Sheriffs Department personnel who provide law enforcement duties
related to the safety and security of the tournament participants.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the Township Board hereby approves the proposed Contract
for Auxiliary Sheriffs Deputy Services attached to this Resolution
including the compensation amounts as specified in said Contract.
2. That the Township Board authorizes the Supervisor and Clerk to
sign the contract (copy on file in the Clerk's office).
AYES: Payne, Cotton, Devine, Stefanes, RanceIli, Buckley
NAYS: None
pad
- WILMA S. COTTON
TOWNSHIP CLERK
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
JUNE 28, 2004
PAGE —2-
RESOLUTION DECLARED ADOPTED.
I, Wilma Cotton, the duly qualified Clerk of the Charter Township of
Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a
true and complete copy of a Resolution adopted by Township Board of the
Charter Township of Bloomfield on the 28 th day of June, 2004, the original of
which is on file in the Clerk's office.
FISCAL NOTE (M.R. #04178) August 5, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE
CHARTER TOWNSHIP OF BLOOMFIELD 2004
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Charter Township of Bloomfield has requested a contract with the
Oakland County Sheriff for patrol services to the citizens of the
Township for special events.
2. Miscellaneous Resolution #03265 adopted October 2, 2003 established
the standard overtime rates for the period 2004-2008.
3. The contract is for auxiliary deputy services in connection with the
Ryder Cup Golf Tournament and will take effect on July 1, 2004.
4. Revenue and expenditures for this contract are estimated at $75,544
for FY 2004.
5. A budget amendment is recommended for FY 2004 as detailed below.
General Fund (101)
Revenue
43-013601-30000-0907 Reimbursement of Salaries
Expenditures
43-023601-31330-2002 Overtime
FY 2004
$75,544
$75,544
$75,544
$75,544
FINANCE COMMITTEE
0741-,vr
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Moss absent.
P
•
Resolution #04178 July 22, 2004
The Chairperson referred the resolution to the Finance Committee. There were no objections.
r j.
Resolution #04178 August 5, 2004
Moved by Scott supported by Suarez the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Hatchett, Jamian, Knollenberg, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
'NNW
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 August 5, 2004
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 Cgunty of Oakland at
Pontiac, Michigan this 5th day of August, 2004.
•
G. William Caddell, County Clerk