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HomeMy WebLinkAboutResolutions - 2007.05.10 - 28488April 26, 2007 MISCELLANEOUS RESOLUTION #07104 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE-PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2007 SEASON 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 Sheriffs Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2007 season; and WHEREAS the Sheriffs Office. in conjunction with the Paint Creek Trailways, is proposing to contract for services per the attached nreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates for the 2007 season are included in the contract and approved by the Department of Management and Budget; and WHEREAS Corporation Counsel has approved this contract. 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 Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the attached contract. BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R. #06129 are contingent upon renewal of this agreement. 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 Scott and Middleton absent h Rochester, Michigan 48306 4393 Collins Road Mik (248) 651-9260 Fax (248) 601- 0106 TRAILWAYS PAINT CREEK Fax COMMISSION February 8, 2007 Sheriff Michael J. Bouchard Oakland County Sheriff Office 1201 N. Telegraph Road Pontiac, MI 48341-1044 Dear Sheriff Bouchard, The Paint Creek Trailways Commission would like to request a contract with Oakland County Sheriff Office's Mounted Division to patrol the Paint Creek Trail again this year. It has been a successful patrol program in the past, and our trail users enjoy and appreciate their presence throughout the spring, summer and fall seasons. Last season was very successful in terms of trail user safety, and we believe the Mounted Division plays a large role in that accomplishment. Last year's contract and contract administration seemed to work well for both of us. I am assuming those arrangements could be continued, but I am open to other conditions if you prefer. Please note that the Commission can only process invoices once a month, on the third Tuesday. I would be happy to work with your fiscal division on an invoice timetable to insure prompt payment for services. I am requesting Mounted Patrols weekly from May 26 through October 28, 2007. Depending on the current payrate for Mounted Patrol Deputies, our request is not to exceed 600 total hours of paid time, including prep time for your officers and horses. Thank you for your consideration of our request. If possible, please advise me if this is feasible by March 13, 2007, so I may property obtain Commission contract approval prior to the start of the season. If you have any questions, please feel to contact me. Sincerely, liker\-(1A Kristen Myers Trailways Coordinator Sgt. Kenneth Hurst, Oakland County Sheriff Office Rock Blanchard, Chairman, Paint Creek Trailways Commission "Dale Cunningham, Business Administrator Janet Haering, Mounted Division Cc: Page 1 of 1 Dale Cunningham From: Sharon Cullen [cullenshgoakgov.com] Sent: Tuesday, March 13, 2007 5:07 PM To: Dale Cunningham Cc: McCabe, Mike' Damon Shields Snarey, Charles; Mara, Mary; Lerminiaux Keith; Blaszczak, Mike: Cunningham, Judy; Davis, Patricia Subject: *2007-0247 2007 Paint Creek Trailways Law Enforcement Services (Patrol Services) & Mounted Deputy Unit Privileged and Confidential - Attorney-Client Communication Please be advised that your above referenced request for this office's assistance has been assigned to Mary Mara (#975-9616). If you have not done so already, please forward immediately all related information/documentation, including all applicable Board of Commissioners resolutions or other authorizations, regarding your request to the attorney assigned. Mary will be contacting your office's contact person to further discuss this matter within the next day or so. If you find this requires immediate attention, please do not hesitate to contact Mary directly. Also, it would assist our office if in any future correspondence or e-mail regarding this matter your department could include the above eight (8) digit file number. This will allow us to better direct and respond to all such writings. Sharon L. Cullen, Technical Assistant Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341 Phone Number: (248) 858-1946 Fax Number: (248) 858-1003 E-mail: cullenshaoakgov.corn PRIVILEGED AND CON EIDEN TI A L — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine, This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that eny dissemination, reproduction or unauthorized 'eview of this information by persons other than those fisted above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 3/14/2007 A. B. C. D. E. F. PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007 This CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereinafter the "CONTRACT") is made and entered into between the PAINT CREEK TRAILWAYS, a public corporation, whose address is 4393 "Collins Road, Rochester, Michigan, 48306, (hereafter the 'COMMISSION') and THE COUNTY OF OAKLAND A Michigan Constitutional and Municipal Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (hereinafter 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 OFFICE" or, as abbreviated, the "O.C.S.O.". INTRODUCTORY STATEMENTS The COMMISSION is a public corporation, created pursuant to MCL 124.501, for the purpose of owning, exercising right of dominion over, developing, providing, maintaining and operating certain non-motorized public tails for recreational use within the jurisdiction of member units. The COMMISSION has the authority to contract with other governmental units, including the COUNTY, as appropriate to carry out COMMISSION functions or fulfill COMMISSION obligations including, but not limited to, public safety. The 0.C.S.O. is authorized to provide services within Oakland County but, absent an agreement such as this, has only limited responsibility for any police services on the PAINT CREEK TRAILWAYS. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq, the COMMISSION and the 0.C.S.O. may enter into an agreement where the 0.C.S.O. would provide additional 'POLICE PROTECTION" (as defined in Attachment A) services on the PAINT CREEK TRAILWAYS. The COMMISSION has requested to enter into such an agreement with the OAKLAND COUNTY SHERIFF'S OFFICE whereby 0.C.S.O. DEPUTIES" (as defined in Attachment A) would provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS. The 0.C.S.O. 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.O.'s ability to meet its other law enforcement responsibilities (b) result in any 0.C.S.O. 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. PAINT CREEK TRAILWAY GON TRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 1 of 14 THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgements contained in this CONTRACT, and all the Attachments hereto, it is mutually agreed as follows: 1. The SHERIFF, subject to the terms of the CONTRACT, shall assign 0.C.S.O. DEPUTIES in such NUMBER(S) and RANK(S) as shown in Attachment B to provide all of the POLICE PROTECTION services contemplated under this CONTRACT at the PAINT CREEK TRAILWAYS. 2. Except as otherwise expressly provided for in the CONTRACT, any DEPUTY contracted for and assigned to provide POLICE PROTECTION services at the PAINT CREEK TRAILWAYS shall work, during those hours for which the COMMISSION is being charged, only on PAINT CREEK TRAILWAYS related POLICE PROTECTION matters. The COMMISSION agrees, however, that whenever any DEPUTY contracted for and assigned to provide POLICE PROTECTION under this CONTRACT is not present at the PAINT CREEK TRAILWAYS due to any of the reasons described in the following subparagraphs, such periods of time shall be included in and counted towards hours of POLICE PROTECTION 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 COMMISSION law enforcement activities. b. Performance of any law enforcement services for the COMMISSION which takes the DEPUTY away from the PAINT CREEK TRAILWAYS. c. Any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION at PAINT CREEK TRAILWAYS to the Oakland County Jail in Pontiac, Michigan including any reasonable length of time spent at the Oakland County jail by any DEPUTY while booking such person(s); d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract; and e. The performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from the PAINT CREEK TRAILWAYS but which began or arose while any DEPUTY was providing POLICE PROTECTION at PAINT CREEK TRAILWAYS (e.g.. hot pursuit, transporting a person for medical attention). 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 DEPUTIES at PAINT CREEK TRAILWAYS under this CONTRACT so as to provide the broadest possible coverage of POLICE PROTECTION services. 4. The COMMISSION agrees to pay the 0.C.S.O. for each hour of each DEPUTY'S POLICE PROTECTION services rendered pursuant to this CONTRACT at the rates PAINT CREEK TRAILWAY;; CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page. 2 of 14 shown in Attachment B. In addition, the COMMISSION agrees to reimburse the 0.C.S.O. for any and all overtime premiums incurred and paid by the 0.C.S.O. in providing POLICE PROTECTION services to the COMMISSION at the PAINT CREEK TRAILWAYS under the terms of this CONTRACT. 5. For every bi-weekly period of time (corresponding to established 0.C.S.O. payroll periods) during which any DEPUTY rendered any POLICE PROTECTION services to the COMMISSION at the PAINT CREEK TRAILWAYS pursuant to this CONTRACT, the 0.C.S.O. shall prepare and send to the COMMISSION an invoice which sets forth the amount due for each DEPUTY'S services rendered during that bi-weekly period, plus any charges for additional hours of work, any overtime premiums incurred, and/or holiday pay during that bi-weekly billing period. The COMMISSION agrees to pay the COUNTY the full amount due on any such invoice within 30 days of the invoice date. 6. The COMMISSION has to its satisfaction examined the 0.C.S.O's wage and cost structures and acknowledges and agrees that the reimbursement that the COMMISSION 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.O. 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, and on behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS under the terms of this CONTRACT. 7. The 0.C.S.O. agrees that upon request any 0.C.S.O. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the applicable costs and amounts that the COMMISSION is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available by appointment by the 0.C.S.O. for inspection by the COMMISSION. 8. The 0.C.S.O. and the COMMISSION 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 an 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 popularity of the PAINT CREEK TRAILWAYS and the correspondingly increased financial burden on governmental law enforcement agencies as a result. 9. The COMMISSION acknowledges that, except as provided for under the terms of this CONTRACT, the SHERIFF has only limited responsibility for law enforcement services at the PAINT CREEK TRAILWAYS and is not otherwise required, except as provided herein, to assign any specific NUMBER(S) or RANK(S) OF 0.C.S.O. DEPUTIES to provide law enforcement services at the PAINT CREEK TRAILWAYS. 10. The COMMISSION acknowledges and agrees that there may be circumstances beyond the SHERIFF'S control when the SHERIFF, in his sole discretion and PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 3 of 14 judgment as to the prioritization of hi law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his determination as to the allocation of 0.C.S.O. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF, and/or the 0.C.S.O. may be unable to assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS during the term of this CONTRACT. The COMMISSION acknowledges and agrees that this CONTRACT does not, and is not intended to, create either any absolute right in favor of the COMMISSION, or any corresponding absolute duty or obligation upon the SHERIFF or the 0.C.S.O. to guarantee that any specified NUMBERS(S) OR RANK(S) OF deputies will be present to provide POLICE PROTECTION SERVICES at PAINT CREEK TRAILWAYS at any time. The COMMISSION acknowledges and agrees that the 0.C.S.O's good faith and reasonable efforts to cooperate with the COMMISSION in providing POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the NUMBER(S) and RANK(S) of DEPUTIES contemplated in Attachment B and the promised professionalism of the 0.C.S.O. in these regards, as demonstrated throughout previous similar agreements, are appropriate and adequate consideration to justify the COMMISSION'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 the PAINT CREEK TRAILWAYS on any given day, he shall verbally communicate that fact to the COMMISSION as soon as such fact becomes reasonably known to him. 12. The SHERIFF and the COUNTY reserve to themselves any rights and obligation 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, 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 COMMISSION and the 0.C.SD. agree that neither the 0.C.S.O. 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 COMMISSION, and further agree that, at all times and for all purposes under the terms of this CONTRACT, the 0.C.S.O.'s and all DEPUTIES' relationship to the COMMISSION shall be controlled and governed by the terms of this CONTRACT and Attachment C, 0.C.S.O. INDEPENDENT STATUS. 14. The COMMISSION 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.0 POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any person beyond the 0.C.S.O's and/or any DEPUTY's governmental law enforcement officer duty, as established under existing law to the general public. The COMMISSION agrees that all times, and for any and all purposes under this CONTRACT, the 0.C.S.O. and /or any DEPUTY present at the PAINT CREEK TRAILWAYS 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 PAINT CREEK TRAILWAYS ,:ONTRAGT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 4 of 14 of the general public, and under no circumstances shall the 0.C.S.O. and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the COMMISSION to provide any particular, direct, or specific service or benefit to or for the COMMISSION, any COMMISSION AGENT(S), or any patron or other person present at the PAINT CREEK TRAILWAYS. 15. The COMMISSION agrees that the CONTRACT does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership, maintenance, or operation of the PAINT CREEK TRAILWAYS. The COMMISSION agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for any and all costs, obligations, and/or civil liabilities associated with owning and operating the PAINT CREEK TRAILWAYS and/or permitting any person to use the PAINT CREEK TRAILWAYS, including, but not limited to, the provision of any Emergency Medical Treatment, rendering any first aid or medical treatment facilities, providing or implementing any fire or emergency evacuation plans or procedures, providing for all basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of the PAINT CREEK TRAILWAYS which is not expressly within the definition of POLICE PROTECTION under the terms of this CONTRACT and which is not under the sole and exclusive control and direction of the 0.C.S.O. The COMMISSION further agrees that it shall not reduce, eliminate, or otherwise fail to provide, in any way, the same number(s) and type(s) of security, emergency, or other personnel and/or the scope of security and emergency service(s) or protection(s) that the COMMISSION normally provides to any COMMISSION AGENT(S) or any person attending 16. The COMMISSION agrees that no COMMISSION AGENT(S) (as defined in Attachment A), either as a result of or arising out of any act(s) by any person in the performance of any duty under this CONTRACT, shall be considered or asserted to be an employee of the 0.C.S.O. The COMMISSION agrees that it shall be solely and completely liable for any and all COMMISSION AGENT(S)' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation benefits, unemployment compensation, social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any COMMISSION AGENT(S)' statutory, contractual, or constitutional rights by the COMMISSION, the COUNTY or any COUNTY AGENT(S)). The COMMISSION 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 COMMISSION AGENT(S) which are based upon, result from, or arise from, or are in any way related to any COMMISSION AGENT(S)' wages, compensation, benefits, or other employment-related rights, including, but not limited to, those described in this Paragraph. 17. The COMMISSION agrees that it shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all COMMISSION AGENT(S) fully PAINT CREEK TRAILWAYS CON CRAGT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 5 of 14 cooperate with all DEPUTIES in providing any POLICE PROTECTION services pursuant to this CONTRACT, including but not limited to, those of Attachment C. 18. Except as otherwise provided in this Paragraph, the COMMISSION 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 COMMISSION and/or any COMMISSION AGENT(S), including, but not limited to: (a) an alleged breach of legal duty to any person by the COMMISSION and/or any COMMISSION AGENT(S); (b) any alleged failure by the COMMISSION or any COMMISSION AGENT(S) to comply with any COMMISSION duty or obligation in this CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any COMMISSION or COMMISSION AGENT(S)' services, buildings, equipment, or any other event, occurrence, duty or obligation related or attendant thereto. The COMMISSION, 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 COMMISSION or any COMMISSION AGENT(S). The COMMISSION 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, or any kind whatsoever which are incurred in or result form any criminal investigation or prosecution. 19. The COMMISSION agrees that all COMMISSION 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, transaction, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. 20. Except as expressly provided herein, this CONTRACT does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this CONTRACT. 21. The COMMISSION agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any 0.C.S.O.'s or any DEPUTY'S POLICE PROTECTION services or duties under this CONTRACT to any other person and/or public or private corporation, entity, or organization of any kind. 22. The COMMISSION represents and warrants that it has reviewed all of its current or proposed lease and licensing agreements with its patrons, concessionaires, promoters, vendors, and other persons who are or may become contractually involved with the COMMISSION for any events or activities at PAINT CREEK TRAILWAYS, and hereby represents and warrants that the COMMISSION does not PAINT CREEK TRAi MS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 6 of 14 have, and will not in the future have, any other contractual agreement that will in any manner restrict, interfere with, or prohibit the COMMISSION, and COMMISSION AGENT(S), or any other person from complying with the COMMISSION's obligations and duties as set forth in this CONTRACT. 23. The COMMISSION agrees that it shall promptly deliver to the 0.C.S.O. 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 COMMISSION becomes aware of which involves in any way the 0.C.S.O. or any DEPUTY. The COMMISSION agrees to cooperate with the 0.C.S.O. in any investigation conducted by the 0.C.S.0 into any act(s) or work performance of any DEPUTY. 24. Subject to the following Paragraph, this CONTRACT shall become effective on May 1, 2007, and shall remain in effect until it expires without any further act or notice being required of any party, as 11:50 p.m. on May 1, 2008. Either the COUNTY, the SHERIFF, or the COMMISSION may cancel this CONTRACT for any reason without incurring any penalty or liability to any party as a result, before its 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 COMMISSION Council. The approval and terms of the CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and COMMISSION Council and shall also be filed with the office of the Clerk for the COUNTY and the COMMISSION. 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.O. and shall not become effective or implemented prior to its filing with the Secretary of State. 26. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this CONTRACT to each of the signatories of this CONTRACT, or any signatory successor in office, to the addresses shown in this CONTRACT. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. 27. This CONTRACT is made and entered into the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this CONTRACT is intended to and, in all cases, shall be construed as a whole according to its fair meaning and not construed strictly for or against any party. As used in this CONTRACT, the singular or plural number, possessive or nonpossessive shall be deemed to include the other whenever the context to suggest or requires. PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 7 of 14 28. Absent an express written waiver, the failure of any party to pursue any right granted under this CONTRACT shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this CONTRACT. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power privilege. 29. The COUNTY, the SHERIFF, and the COMMISSION acknowledge that his CONTRACT shall be binding upon each of them and, to the extent permitted bylaw, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 30. This CONTRACT, consisting of a total of 14 pages (including Attachments A, B, and C, which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire agreement for increased POLICE PROTECTION at PAINT CREEK TRAILWAYS between the 0.C.S.O. and the COMMISSION 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.0 and the COMMISSION in any way related to the subject matter hereof, except as expressly stated herein. This CONTRACT shall not be changed or supplemented orally and may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the COMMISSION Council. 31. For and in consideration of the mutual promises, acknowledgements, 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 COMISSION hereby agree and promise to be bound by the terms and provisions of the CONTRACT. PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW CNFORCEMENT SERVICES 2007-0247 PageFl of 14 WITNESS: OAKLAND COUNTY BOARD OF COMMISSIONERS IN WITNESS WHEREOF, ROCK BLANCHARD, Chairperson, PAINT CREEK TRAILWAYS, hereby acknowledges that he has been authorized by the Commission to execute this Contract on behalf of the PAINT CREEK TRAILWAYS and hereby wepts and binds the COMMISSION to the terms and conditions of this CONTRACT on this ,P.Lo day of Ra-reAA-- , 2007. WITNESS: PAINT CREEK TRAILWAYS By: By:Veto gycexa. -6( 2 k Cik R CK BLANCHARDr, Chairperson, Oaltiertd '---6)441444-2alli i98-491:14"1""laktrrt- CRI-& -11"1:2i MCLA-1„% CAZA-Ok-i S t19,' IN WITNESS WHEREOF, BILL BULLARD, JR., 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 to the terms and conditions of this Agreement on this \O day of \-)A ) , 2007. By: }J-Q. BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 20070247 Page 9 of 14 ATTACHMENT A In addition to the terms and expressions "COUNTY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S DEPARTMENT or 0.C.S.0.", and "COMMISSION" which are defined in the CONTRACT, the COMMISSION and the 0.C.S.O. 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 COMMISSION and the 0.C.S.O. 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 non possessive, and/or either within or without quotation marks, it shall be defined, read, and interpreted as provided for in this CONTRACT. A 1. "POLICE PROTECTION" shall be defined to include the responsibility for the prevention and detection of crime and the enforcement of the general criminal laws of this state and the motor vehicle and traffic laws of this state, including, but not limited to, road patrol, crime detection, crime prevention, and criminal apprehension, as well as any necessary supervision to the extent of the staffing provided under this CONTRACT, and/or response to any emergency or nonemergency which, in the sole judgment of any DEPUTY, appears to require the presence, attention, or services of any DEPUTY to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, and related law enforcement functions as authorized and/or mandated by law. Additional 0.C.S.O. law enforcement Support Services, such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the 0.C.S.O. 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 COMMISSION, to the same extent that the 0.C.S.O. 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 COMMISSION or any COMMISSION 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 PAINT CREEK TRAILWAYS, traffic control and supervision on COMMISSION owned and operated property, become involved in any dispute resolution with any COMMISSION AGENT(S) and/or any person attending PAINT CREEK TRAILWAYS, or enforce any COMMISSION or PAINT CREEK TRAILWAYS rule, policy, or regulation which does not involve the enforcement of the general criminal laws of this state. A 2. "PAINT CREEK TRAILWAYS" 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 which are either owned, operated, or under the control or supervision of the COMMISSION. A 3. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount for which the 0.C.S.O. 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. PAINT CREEK TRAItsVAY.f; CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 10 of 14 A 4. "COMMISSION AGENT(S)" shall be defined to include any and all COMMISSION officers, elected officials, appointed officials, directors, board members, employees, managers, departments, divisions, volunteers, agents, and representatives of the COMMISSION, as well as any COMMISSION 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 COMMISSION. COMMISSION AGENT(S) as defined in this CONTRACT shall also include any person who was a COMMISSION 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.O., 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 AG ENT(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. PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 11 of 14 ATTACHMENT B 2007 Hourly Rate For Each PTNE Mounted Deputy $17.19 PTNE Mounted Deputy - Hourly Overtime Rate $25.79 PAINT CREEK TRAILWAYS ‘:ORITRACT FOR SHERIFF 14W ENFORCENTNT SERVICES 2007-0247 e. 12 of 1 4 ATTACHMENT C C 1. The COMMISSION agrees and warrants that, at all times and for all purposes relevant to this CONTRACT, the 0.C.S.O. shall remain the sole and exclusive employer of all DEPUTIES and that the 0.C.S.O. 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.O. C 2. The COMMISSION 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 COMMISSION to reimburse the COUNTY for its costs pursuant to this CONTRACT shall not be deemed consideration paid by the COMMISSION to any DEPUTY. C 3. The COMMISSION and the 0.C.S.O. 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.O, 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.O. 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.O. and/or all conduct and actions of all DEPUTIES. C 4. The COMMISSION and the 0.C.S.O. 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 COMMISSION further agrees that this CONTRACT does not obligate or require the SHERIFF or the 0.C.S.O. to change, alter, modify, use, or develop any different or special POLICE PROTECTION policies, practices or procedures for use at PAINT CREEK TRAILWAYS. C 5. The COMMISSION agrees that this CONTRACT does not, and is not intended to include any 0.C.S.O. warranty, promise, or guaranty, either express or implied, of any kind or nature whatsoever, in favor of the COMMISSION, any COMMISSION AGENT(S), or any person attending PAINT CREEK TRAILWAYS, that any POLICE PROTECTION provided by the 0.C.S.O. under the terms and conditions of this CONTRACT will result in any specific reduction or prevention of any criminal activity at PAINT CREEK TRAILWAYS, or any other such performance-based outcome, but only that the SHERIFF will make every reasonable effort to provide professional POLICE PROTECTION services at PAINT CREEK TRAILWAYS, 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 COMMISSION agrees and promises that no DEPUTY shall be asked or required to perform any services directly for the COMMISSION or otherwise be available to perform any other work or assignments from the COMMISSION or be expected to perform any acts other than governmental law enforcement functions or POLICE PROTECTION, and that no DEPUTY shall be PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 13 of 14 J. employed, in any manner or capacity, by the COMMISSION. C 7. The COMMISSION agrees that neither the COMMISSION nor any COMMISSION AGENT(S) shall otherwise provide, furnish or assign any DEPUTY with any job instructions, job descriptions, job specifications, or job duties, tools, supplies, or equipment, or in any manner attempt to control, supervise, train, or direct any DEPUTY in the performance of any 0.C.S.O. 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 PAINT CREEK TRAILWAYS under this CONTRACT as a "Communications Liaison" for the purpose of maintaining communications with the COMMISSION Chairperson. The COMMISSION Chairperson, or a designated COMMISSION AGENT(S), may contact the Communications Liaison to request, advise, or otherwise make the 0.C.S.O. aware of particular POLICE PROTECTION needs and services at PAINT CREEK TRAILWAYS or to provide other relevant information. The COMMISSION Chairperson, or designated COMMISSION AGENT(S), may bring to the SHERIFF's attention any concerns regarding the assignment of any DEPUTY to PAINT CREEK TRAILWAYS, 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 COMMISSION Chairperson reasonably informed regarding criminal and/or law enforcement activities at PAINT CREEK TRAILWAYS. C 9. The COMMISSION and the 0.C.S.O. 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.O. DEPUTY. C 10. The COMMISSION and the 0.C.S.O. agree that this CONTRACT does not, and is not intended to, limit, modify, control, or otherwise affect in any manner the 0.C.S.O.'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.O. DEPUTY and/or pay any and all 0.C.S.O. 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.O. DEPUTY with the OAKLAND COUNTY SHERIFF'S DEPARTMENT. C 11. The COMMISSION and the 0.C.S.O. agree that the 0.C.S.O. 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.O., in its sole judgment, deems required or beneficial for the completion of any 0.C.S.O. duty under the terms of this CONTRACT. The 0.C.S.O. 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 COMMISSION desires any special or additional personal property or equipment (e.g., cellular telephones, pagers, automobiles, motorcycles, etc.) be provided, at COMMISSION expense or otherwise, to any DEPUTY assigned to PAINT CREEK TRAILWAYS, the COMMISSION shall direct such requests to the 0.C.S.O. 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 COMMISSION, shall be provided directly and exclusively to the 0.C.S.O. PAINT CREEK TRAILWAYS cONTRAG ir FOR SHERIFF LAW ENFORCEMENT SERVICES 2007-0247 Page 14 of 14 Resolution #07104 April 26, 2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #07104) May 10, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2007 SEASON 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, Paint Creek Trailways requested the Oakland County Sheriff's Office provide Law Enforcement Patrol Services for the 2007 season. 2. The Oakland County Sheriff's Office and Paint Creek Trailways proposed a contract for services involving the use of PTNE Mounted Deputies. 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #03265 that established rates for the period 2004-2008. 4. The contract will take effect upon approval of the Board of Commissioners and the Commission Council. 5. The proposed agreement will result in $8,590 in revenue and expenditures for Fiscal Year 2007. 6. A budget amendment for Fiscal Year 2007 is recommended as follows: FY 2007 GENERAL FUND #10100 Revenue 4030601-110000-632093 Sheriff Special Deputies $8,590 Total General Fund Revenue %SD_ Expenditures 4030601-116181-702010 Salaries $7,881 4030601-116181-722740 Fringe Benefits $ 709 Total General Fund Expenditures FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter absent. Resolution #07104 May 10, 2007 Moved by Potter supported by Gregory the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greirnel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted (with accompanying reports being accepted). I IEREBY APPROVE THE FOREGOING RES ON ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 May 10. 2007, 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 10th day of May, 2007. County Clerk