HomeMy WebLinkAboutResolutions - 2024.09.19 - 41919
AGENDA ITEM: Law Enforcement Services Agreement with City of Novi for 2024 MICareerQuest
Southeast Event
DEPARTMENT: Economic Development - Workforce Development
MEETING: Board of Commissioners
DATE: Thursday, September 19, 2024 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4428
Motion to approve the attached Law Enforcement Services Agreement with the City of Novi for the
2024 MiCareerQuest Southeast event and authorize the Chair of the Board of Commissioners to
sign the attached Law Enforcement Services Agreement with the City of Novi; further, approve a
one-time expenditure, not to exceed $1,000, to pay the City of Novi for providing Law Enforcement
Services at the 2024 MiCareerQuest Southeast event.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The 2024 MiCareerQuest Southeast event is an innovative, hands-on career exploration experience
for thousands of high school students, along with their teachers and counselors, as they learn about
today’s hottest jobs from working professionals. The MiCareerQuest Southeast Executive
Committee has developed a unique opportunity for businesses, students and counselors to connect
through an interactive and inspirational event with the focus on career awareness. This hands-on,
interactive career event will feature companies from the most in-demand fields such as health
sciences, technology, advanced manufacturing and construction. Over 8,000 students from across
the region are registered to attend this event and over 100 companies and organizations will be
exhibiting 250+ occupations at the 2024 MiCareerQuest Southeast event. The event is scheduled
for November 19, 2024 at the Suburban Collection Showplace in Novi.
It is important that Oakland County provide a safe, secure event for students, volunteers, exhibitors,
and guests. It is requested to enter into a law enforcement service agreement with the City of Novi
to provide law enforcement services for the entire duration of the 2024 MiCareerQuest Southeast
event on November 19, 2024. The attached agreement has been reviewed and approved by
Corporation Counsel. The agreement will provide two law enforcement officials from the City of Novi
at the rate of $76.40 per hour, per officer, with a three-hour minimum; and the estimated law
enforcement services for this event will not exceed $1,000 with funding being covered from existing
event sponsorship funds.
No budget amendment is required as the funding for the not to exceed $1,000 in security services is
available from the existing MiCareerQuest Southeast sponsorship funds within the Workforce
Development budget.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Jennifer Llewellyn, Manager
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 9/19/2024
AGENDA DEADLINE: 09/19/2024 9:30 AM
ATTACHMENTS
1. MCareerQuest- Novi PoliceContract 11-19-24 8.6.24_Final Clean
COMMITTEE TRACKING
2024-09-11 Economic Development & Infrastructure - Recommend to Board
2024-09-19 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Robert Hoffman
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson (1)
Passed
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LAW ENFORCEMENT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of July, 2024, by and
between the City of Novi, a Michigan municipal corporation, with its principal offices located at
45175 Ten Mile Road, Novi, Michigan 48375-3024 (hereinafter referred to as the "City") and
Oakland County, Michigan by its Department of Economic Development and Community Affairs
its agents, heirs, executors, administrators, successors, and assigns (hereinafter referred to as
the "Contracting Entity"). City and Contracting Entity shall be collectively referred to as the
“parties” and individually referred to as a “party”.
RECITALS:
WHEREAS, the City has an existing Police Department that is sufficiently staffed and
equipped to properly provide regular police services within the City; and
WHEREAS, the Contracting Entity desires to obtain the on-site presence of Officers for
security and related services from the City that exceed the regular law enforcement services
provided by the City in accordance with the statement attached hereto and incorporated herein
as Exhibit "A" (the "Law Enforcement Services"); and
WHEREAS, the City is willing to provide the Law Enforcement Services to the Contracting
Entity subject to certain terms and conditions referenced in this Agreement; and
WHEREAS, the City and the Contracting Entity desire to enter into this Agreement in order
to specify the terms and conditions of the Law Enforcement Services provided by the City; and
WHEREAS, the parties have discussed and understand the terms of this Agreement and
have taken all necessary actions to enter into the same.
NOW, THEREFORE, in consideration of the foregoing recitals and preambles,
incorporated herein by reference, the parties agree as follows:
1.Law Enforcement Services. The City shall provide the Law Enforcement Services
on the dates, times, and location referenced in the attached and incorporated Exhibit "A." The
selection of the City Police Officers providing the Law Enforcement Services, shall be at the sole
discretion of the City. The City shall assign Officers to facilities to perform police patrols and law
enforcement duties ("Services"). Each period of Services rendered by an Officer shall be
designated an "Assignment." The Services shall only encompass duties and functions customarily
rendered by City and Officers assigned to Contracting Entity shall, at all times, be subject to the
control and direction of the City. The City shall maintain public documents created in the course
of providing the Services set forth in this Agreement in accordance with its records retention
policy. Any additional or different types of documentation required by the Contracting Entity for its
purposes shall be specified, in detail, in the attached and incorporated Exhibit A. In consultation
with the Contracting Entity, the number of Police Officers and/or Police Supervisors that are safely
needed for the specific event will be discussed with the Contracting Entity and the City prior to
finalizing Exhibit "A."
2.Equipment and Facilities. Each Officer shall dress in the standard law
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enforcement uniform issued by the City, to include all necessary and required accoutrements that
are authorized by the City and customarily worn by Officers, such as a firearm, radio, vest, safety
equipment, in a manner and form deemed suitable by the City at its complete discretion. Officers
shall use City vehicles and standard equipment issued by the City, as needed, in the course of
providing Law Enforcement Services. Should alternate attire be desired for the Assignment (plain
clothes or other), this may be accommodated at the discretion of the City and with the
accoutrements deemed necessary by the City in its complete discretion.
3.Enforcement of Laws. Contracting Entity shall not exercise control over Officer's
enforcement of laws and Officers shall not enforce any rules and regulations that are not otherwise
violations of the law, as determined by Officer and City. Officers shall be subject to, and shall
abide by, all City and departmental rules and regulations as well as complying with all local, state,
and federal laws.
4.Rates and Invoices. The Contracting Entity agrees to pay the City the hourly rates,
costs, and expenses set forth in the attached and incorporated Exhibit "A." The Contracting Entity
shall remit payment to the City for the Law Enforcement Services within four
(4) calendar days prior to the scheduled service time. Such payment shall be made to the City
Treasurer at the Civic Center located at 45175 Ten Mile Road, Novi, MI 48375-3024, via United
States currency or check made payable to the "City of Novi." The City may, at its complete and
sole discretion, arrange for alternate payment arrangements with the Contracting Entity. Any such
alternate arrangements must be noted in writing in Exhibit "A."
For Law Enforcement Services rendered to the Contracting Entity on a continuing regular
basis, the City may, at its sole discretion, waive the pre-payment requirement referenced above
provided that the Contracting Entity guarantees payment for the Law Enforcement Services in a
manner acceptable to the City. Where the City waives such pre- payment requirement, the City
shall invoice the Contracting Entity within a reasonable time after the Law Enforcement Services
are provided under this Agreement, and the Contracting Entity shall remit payment in full within
thirty (30) calendar days after the date of such invoice. The City may revoke any such pre-payment
waiver for any reason including, but not limited to, the Contracting Entity's failure to timely remit
payment to the City for any such invoiced Law Enforcement Services and/or Contracting Entity's
failure to timely remit payment for any City- related taxes, fees, and/or other charges owed by the
Contracting Entity and/or related to the property upon which the Law Enforcement Services are
provided.
5.Independent Contractor. Contracting Entity and City enter into this Agreement
at arm's length. The City, at all times, shall be considered an independent contractor for all
purposes under this Agreement, including the performance of Services. Nothing in this Agreement
shall be deemed or construed to create a joint venture, partnership, or employer/employee
relationship between the parties. Neither Contracting Entity nor City shall hold itself out as the
representative or agent of the other party. The Contracting Entity shall not seek to exercise
any control over the City, its Officers, or its agents. The City, its employees, and Officers assigned
to Facilities shall not be deemed employees or joint employees of Contracting Entity for any
purpose. City retains the sole right and authority to recruit, hire, promote, discipline, demote,
discharge, determine rates of pay for, establish the terms and conditions of employment of, and/or
to direct and control the manner in which its employees and Officers discharge their professional
and work duties. City is responsible for instructing and training its Officers consistent with this
Agreement. City retains the sole right
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and authority to decide and direct which Officers it shall assign, at what times, and to which
Facilities to provide Services under this Agreement. City shall be solely responsible for all
employee wages, timesheets, payroll deductions, federal and state taxes, unemployment
compensation contributions, social security taxes, and benefits of its employees and Officers.
Neither City nor its employees, agents, or Officers are entitled to receive any benefits including,
but not limited to, salary, vacation pay, sick leave, retirement benefits, social security, workers'
compensation, health, disability, unemployment, and stock options that Contracting Entity may
provide to its employees. It is understood that Contracting Entity will not provide and shall not
be responsible for workers' compensation coverage for City or any Officer. Responsibility for
providing such coverage remains solely with City. When rendering Services at the Facilities,
Officers act solely as the agents of City. Services contracted in accordance with this Agreement
shall be subject to the employment rights of City personnel as enumerated in the applicable
collective bargaining agreement. For the purposes of this Agreement, unless otherwise specified,
the term "Officers" refers to all Novi Police Personnel of all ranks including, but not limited to, the
ranks of Officer, Corporal, Sergeant, Lieutenant, Captain, Assistant Chief, Deputy Chief, Chief,
Director, or otherwise.
6.Cancellation of Service. The Contracting Entity may cancel the Law Enforcement
Services no less than forty-eight (48) hours prior to the beginning of the scheduled service time
by calling the Director of Public Safety/Chief of Police, or if he/she is not available, by speaking
to a Command Officer of the Novi Police Department. If a scheduled service is not cancelled
within the allotted time, then the Contracting Entity shall be responsible for paying the City the
minimum hour charge for each Officer referenced on the statement attached hereto and
incorporated herein as Exhibit "A."
7.Insurance. The City agrees to furnish insurance coverage on its Police Officers for
all time that the said Officers are on the Contracting Entity premises. Such insurance coverage
shall be in the same form and amount as that maintained by the City for police operations in the
City. Neither party shall be liable for any damages proximately resulting from the negligent or
wrongful acts or omissions of the other party, or the party's employees or agents in the
performance of this Agreement.
8.Inability to Provide Services. The City shall only be required to provide those Law
Enforcement Services referenced in the statement attached hereto and incorporated herein as
Exhibit "A." In the event that unusual requirements in the City or elsewhere interfere with the
City's delivery of the Law Enforcement Services, the City shall, during such period of time, not be
required to offer or provide the Law Enforcement Services to the Contracting Entity. Under such
circumstances, the Contracting Entity shall not be required to pay for such services not provided
by the City, and the City shall refund to the Contracting Entity any pre-payment made by the
Contracting Entity for such services under Paragraph 4 above.
9.Salary Responsibility. The Contracting Entity shall not be required to assume any
liability for the direct payment of any salaries, wages, or other compensation to any City personnel
performing Law Enforcement Services for Contracting Entity. During the period that Law
Enforcement Services are provided, the City personnel providing such services shall be acting as
an agent, servant, and employee of the City and not of the Contracting Entity.
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10.Supervision and Control of Officers. The parties agree that the Police Officers of
the City are employed by the City and are under the exclusive supervision and control of the City.
11.Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of Michigan.
12.Binding Effect: Assignment. This Agreement and all terms and conditions hereof
shall be binding upon and inure to the benefit of all parties, their heirs, administrators, executors,
successors, and assigns. Provided, however, the Contracting Entity shall not assign this
Agreement without the prior written consent of the City.
13.Entire Agreement: Amendment. This Agreement constitutes the entire agreement
of the parties and cannot be amended unless agreed to in writing executed by all parties.
14.Termination. Either party may terminate the Agreement at any time upon written
notification to the other party.
15.Severability. If any term of this Agreement is found to be invalid or unenforceable,
then the invalidity or unenforceability shall not affect the remaining terms of this Agreement, which
shall continue in full force and effect.
16.Modification. This Agreement may only be modified or amended by the mutual
written agreement of the parties. Any such modification or amendment shall be signed by each
party, and shall be attached to and become part of this Agreement.
17.Costs and Attorneys' Fees. Each party shall be responsible for its own attorneys'
fees and costs in an action regarding the enforcement of this Agreement.
18.Counterparts. This Agreement may be executed in any number of counterparts.
Each counterpart when executed shall be deemed to be an original, and such counterparts
collectively shall constitute one and the same instrument.
19.Liability. Each Party shall be responsible for any Claims made against that Party
by a third-party, and for the acts of its employees and agents arising under or related to this
Agreement. Except as otherwise provided for in this Agreement, neither Party shall have any
right under this Agreement or under any other legal principle to be indemnified by the other
Party or any of its agents in connection with any Claim. In no event shall either Party be liable
to the other Party or any other person, for any consequential, incidental, indirect, special, or
punitive damages arising out of this Agreement. In any Claim that may arise from the
performance of this Agreement, each Party shall seek its own legal representation and bear the
costs associated with such representation, including judgments and attorney fees. “Claim(s)”
mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes
of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and
expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness
fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement,
and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party,
or for which a Party may become legally and/or contractually obligated to pay or defend
against, whether direct, indirect or consequential, whether based upon any alleged violation of
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the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged
violation of federal or state common law, whether any such claims are brought in law or equity,
tort, contract, or otherwise, and/or whether commenced or threatened.
20.Government Function. This Agreement does not, and is not intended to impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the parties. In addition, the parties maintain that the
obligations set forth in this Agreement will be in the exercise or discharge of a governmental
function.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the City has caused
this Agreement to be duly executed by the appropriate officials and its seal affixed hereto, and
Principal has caused this Agreement to be duly executed by its authorized officials and its seal
affixed hereto on the day and year written above.
CITY
City of Novi, a Michigan municipal corporation
By:
Erick W. Zinser Date
ITS: Director of Public Safety / Chief of Police
CONTRACTING ENTITY
Requesting Party
By:
Date
Its:
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EXHIBIT "A"
STATEMENT OF LAW ENFORCEMENT SERVICES
CITY OF NOVI
APPLICATION FOR LAW ENFORCEMENT SERVICES
Applicant Name: County of Oakland, by its Department of Economic Development
Applicant Address:2100 Pontiac Lake Road, Building 41 West, Waterford, MI 48328
Type of Organization: Oakland County
Applicant Representative/Contact:Jennifer Llewellyn, 248-765-6822
Description of services to be provided: City to provide marked police cars and uniformed,
off-duty officers for security for MiCareerQuest Southeast at the Suburban Collection
Showplace.
Location where services are to be provided: Suburban Collection Showplace, Novi, MI
Date and hours services requested: Tuesday, November 19, 2024, 7:30 am -2:30 pm
Estimated number of attendees: 10,000
Number of Police Officers requested: Two (2) each day for designated hours
Number of Police Sergeants/Lieutenants requested: N/ A
Alternative Billing Arrangements (Paragraph #4): Invoice to be sent after the detail completed.
Applicant hereby agrees to pay City $76.40 per hour for each Police Officer providing services
pursuant to the above stated request. A minimum of three (3) hours is charged for each police
officer position.
