HomeMy WebLinkAboutResolutions - 2008.04.24 - 9398REPORT (misc. 08067) April 24, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: MR #08067 - SHERIFF'S OFFICE — CAMP DEARBORN CONTRACT
FOR LAW ENFORCEMENT SERVICES FOR THE 20081200912010 SEASONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Miscellaneous Resolution
#08067 on April 17, 2008, reports with a recommendation that the 5th WHEREAS
paragraph be amended to strike the words "and approved by the Department
of Management and Budget."
Chairperson, on behalf of the Finance Committee, I move the acceptance
of the foregoing report,
FINANCE COMMITTEE
LL
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Rogers
absent.
April 10, 2008
MISCELLANEOUS RESOLUTION #08067
BY: Public Services Committee, Jeff Potter. Chairperson
IN RE: SHERIFF'S OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 200812009/2010 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriffs
Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services:
WHEREAS Miscellaneous Resolution #05097approved a three year contract between the City of
Dearborn and the County: and
WHEREAS the City of Dearborn has requested to renew the contract between the County and
the City of Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the
2008/200912010 seasons: and
WHEREAS the Sheriffs Office in conjunction with the Gity of Dearborn is proposing to continue
contracting for services per the etteL.hed egreemei it for one (1) Deputy 11 and three (3) Deputy l's
as assigned, and ten OM part-time non-eligible ParK Deputies (Pos. #07157, 07158. 07159.
07160. 07161, 07162, 07163. 07' 64, 07165. and 07166); and
WHEREAS the rates for 200812009/2010 seasons are inDuded in the contract and approved by
the Department of Management ant Budget.
NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners
authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the
attached agreement with the City of Dearborn for the purpose of Law Enforcement Patrol Service
at the rates included in the altddied cjt iti d
Chairperson, on behalf of the Public Services Committee : I move the adoption of the foregoing
resolution.
PUBLIC SERV10E7COMMI1TEE
ss,
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Gingeil absent
Resolution #08067 April 10, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
2008-2010 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION
This CONTRACT FOR CAMP DEARBORN POLICE PROTECTION (hereafter the "CONTRACT') is
made and entered into between the CITY OF DEARBORN, a Michigan Constitutional and Municipal
Corporation, whose address is 13165 Michigan Ave., Dearborn, Michigan 48126 (hereafter the 'CITY") and
the COUNTY OF OAKLAND. a Michigan Constitutional and Municipal Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), The COUNTY is also
represented in this CONTRACT by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official
capacity as a Michigan Constitutional Officer, whose address is 1201 No-th Telegraph Road, Pontiac,
Michigan 48341 (hereafter the "SHERIFF"). In this CONTRACT when the COUNTY and SHERIFF are
referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S
DEPARTMENT' or, as abbreviated, the "0. C.S.D.".
INTRODUCTORY STATEMENTS
A. The CITY owns and operates a campground and recreational area located in Oakland County
at 1700 General Motors Road, Milford, Michigan 48042 (hereafter, and as further defined in Attachment A,
CONTRACT DEFINITIONS, "CAMP DEARBORN");
B. The CITY is authorized to provide police servieee ie pi eleeliun uf pei suns and property at
CAMP DEARBORN;
C. The 0.C.S.D. is authorized to provide police services within Oakland County but, absent an
agreement such as this, has only limited responsibility for any police services at CAMP DEARBORN;
D. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7. MCL 124.501 et seq., The CITY
and the 0.C.S.D. may enter into an agreement where the 0.C.S.D. would provide additional "POLICE
PROTECTION" (as defined in Attachment A) services at CAMP DEARBORN for the CITY;
E. The CITY has requested to enter into such an agreement with the OAKLAND COUNTY
SHERIFF'S DEPARTMENT whereby 0.C.S.D. 'DEPUTIES" (as defined in Attachment A) would provide
POLICE PROTECTION at CAMP DEARBORN; and
F. The 0.C.S.D. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION
pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services
do not: (a) impair or interfere with the 0.C,S. D's ability to meet its other law enforcement responsibilities; (b)
result in any 0.C.S.D. loss of operational efficiency or readiness: and/or (c) result in the assumption of any
additional liability or any increased financial burden by County taxpayers.
THEREFORE, in consideration of these premises and tne promises, agreements, representations,
and acknowledgments contained in this CONTRACT and all of the Attachments hereto, it is mutually agreed
25 follows:
1. The SHERIFF, subject to the terms of this CONTRACT, shal: assign O.C.S.D. DEPUTIES, in such
NUMBER(S) and RANK(S) as shown in Attachment B - 0.C.S.D. CONTRACTED DEPUTIES, to provide all of
the POLICE PROTECTION services contemplated under this CONTRACT at CAMP DEARBORN As used
throughout this CONTRACT. any reference to the NUMBER(S) of DEPUTIES, as shown in Attachment B,
shall be defined and quantified as up to Eighty (BM Hours of POLICE PROTECTION services during a bi-
weekly period, by any individual or combination of individual DEPUTIES of the specified RANK(S), for each
DEPUTY position identified in Attachment B and assigned by the SHERIFF to provide POLICE PROTECTION
at CAMP DEARBORN.
2. Except as otherwise expressly provided for in this CONTRACT, any DEPUTY contracted for and
assigned to Provide POLICE PROTECTION services at CAMP DEARBORN (Attachment B) shall work, during
those hours for which the CITY is being charged, only on CAMP DEARBORN related POLICE PROTECTION
matters. The CITY agrees, however, that whenever any DEPUTY contracted for and assigned to provide
GD_E_OLC
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
POLICE PROTECTION under this CONTRACT is not present at CAMP DEARBORN due to any of the
reasons described in the following subparagraphs, such periods of time shall be included in and counted
towards hours of POLICE PROTECTION services provided:
a. Appearance in any Court, or at any meeting with any other law enforcement agency in
connection with any prosecution or Court appearance reiated to CITY law enforcement activities:
b. Performance of any law enforcement services for the CITY which takes any DEPUTY outside
of CAMP DEARBORN;
c. Any time expended transporting any person arrested by any DEPUTY during the course of
providing POLICE PROTECTION at CAMP DEARBORN to the Oakland County Jail, in Pontiac.
Michigan, including any reasonable length of time spent at the Oakland County Jail by any DEPUTY
while booking such Derson(s);
d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union
or employment contract: and
e. The perfunnanee of ally POLICE PROTECTION related duty or obligation which takes any
DEPUTY away from CAMP DEARBORN but which began or arose while any DEPUTY was providing
POLICE PROTECTION at the CAMP DEARBORN (i.e. hot pursuit, transporting a person for medical
attention, an automobile accident occorring on the public road immediately outside CAMP
DEARBORN grounds, etc.).
3. Subject to the SHERIFF'S absolute right to consolidate the elbbly I IZLI shifts of his DEPUTIES in order
to concentrate law enforcement efforts to meet particular POLICE PROTECTION priorities and needs, the
SHERIFF shall assign shifts to DEPUTIES at CAMP DEARBORN under this CONTRACT so as to provide the
broadest possible coverage of POLICE PROTECTION services.
4. Subject to the SHERIFF's sole discretion and judgment as to tne county-wide prioritization of
resources and law enforcement needs, any DEPUTY services, beyond the Eighty (80) Hours of POLICE
PROTECTION services during any bi-weekly period as provided for in this CONTRACT, may be made
available by the SHERIFF to the CITY at CAMP DEARBORN on an overtime basis. Any such additional hours
of DEPUTY POLICE PROTECTION services provided shall be invuioed lo a T id paid by the CITY directly to the
COUNTY at the Hourly Overtime Rate snown in Attachment B, which snail be in addition to any amounts
otherwise due and owing under the terms of this CONTRACT. If, however, the 0.C.S.D. was able to provide
any additional Part-Time PARK DEPUTY services requested by the CITY, over and above the Eighty (80)
Hours during any bi-weekly period as provided for in this CONTRACT. without the 0.C.S.D. actually incurrirg
any direct or indirect obligation to pay any overtime premium to any Past-Time PARK DEPUTY as a result, the
Regular Hourly Rate shown in Attachment B, for eacn Part-Time PARK DEPUTY non-overtime additional
hour(s) of service shall be invoiced and paid by the CITY.
5. The CITY agrees to pay the 0.C.S.D. for each hour of each DEPUTY'S POLICE PROTECTION
services rendered pursuant to this CONTRACT at the rates shown in Attacnment B. In addition the CITY
agrees to reimburse the 0.C.S.D. for any and all additional hours of work beyond the Eighty (80) Hours,
including any overtime premium incurred and paid by the 0.C.;.S.D. in providing POLICE PROTECTION
services to the CITY at CAMP DEARBORN uncer the terms of this CONTRACT. For every bi-weekly period
of time (corresponding to established 0.C.S D payroll periods) during which any DEPUTY rendered any
POLICE PROTECTION services to the CITY at CAMP DEARBORN pursuant to this CONTRACT, the
0.C.S.D. shall prepare and send as the CITY ari. invoicewIiih eeeek th tile amount due for each DEPUTY'S
services rendered during that bi-wee,kly period, plus any charges for any additional hours of work. any
overtime premiums incurred, andfor holiday pay during that bi-weeely biding period. The CITY agrees to pay
to the COUNTY the full amount due on any such invoice witnio 30 days ot the invoice date,
CD_B_DElb 2
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
6. The CITY has to its satisfaction examined the 0.C.S.D.'s wage and cost structures and acknowledges
and agrees the reimbursement that the CITY Is to pay to the COUNTY under the terms of this CONTRACT is
not intended to result in any net financial gain or profit for the COUNTY, but is established to guarantee that
the 0.C.S.D. is fully reimbursed for any and all salary costs, including overtime, and other related and
necessary fringe benefit costs and expenses that the COUNTY is required to pay to, or on behalf of, any
DEPUTIES, as well as the costs of equipment and supplies necessaey to provide POLICE PROTECTION at
CAMP DEARBORN under the terms cf this CONTRACT.
7. The 0.C.S.D. agrees that upon request any 0 C.S.D. payroll policies, payroll or attendance records,
procedures, employment contracts, etc. - - .viIicable costs and amounts
that the CITY is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available by
appointment by the 0.C.S.D. for inspection by the CITY.
B. The 0.C.S.D. and the CITY agree and acknowledge that The POLICE PROTECTION activities
provided for under the terms of this CONTRACT are strictly limited to those governmental law enforcement
functions authorized by law and the POLICE PROTECTION provided for under this CONTRACT are
exclusively governmental activities and functions of the type and nature that would be normally supported by
tax dollars, and that this CONTRACT simply acknowledges the unusual circumstances and increased law
enforcement needs and demands created by the summertime popularity of CAMP DEARBORN and the
correspondingly increased financial burden on government law enforcement agencies as a result.
9. The CITY acknowledges that, except as provided for under the terms of this CONTRACT. the
SHERIFF has only limited responsibility for law enforcement services at CAMP DEARBORN and is not
otherwise required, except as provided herein, to assign any specific NUMBER(S) or RANK(S) of 0.C.S.D.
DEPUTIES to provide law enforcement services at CAMP DEARBORN.
10. The CITY acknowledges d rid eyreeb that there may be cireurnstances beyond the SHERIFF'S control
when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement
resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his
oetermination as to the allocation of 0.C.S.0. law enforcement personnel at that time to best serve the citizens
of Oakland County, the SHERIFF anclio:- the 0.C.S.D. may be unable to assign any or all of the DEPUTIES
contemplated to provide POLICE PROTECTION at CAMP DEARBORN during the term of this CONTRACT.
The CITY acknowledge and agrees that this CONTRACT does not, and is not intended to, create either any
absolute right in favor of the CITY, or any corresponding absolute duty or obligation upon the SHERIFF or the
0.C.S.D. to guarantee that any specific NUMBER(S) or RANK(S) of DEPUTIES will be present to provide
POLICE PROTECTION services at CAMP DEARBORN at any time. The CITY acknowledges and agrees that
the 0.C.S.D.'s good faith and reasonable efforts to cooperate with the CITY in providing POLICE
PROTECTION and to develop the necessary schedules, oudgets 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.D. in these regards, as d emonstrated throughout previous similar agreements, are appropriate and
adequate consideration to justify the CITY'S decision to enter into this CONTRACT,
11. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES
contemplated in Attachment B at CAMP DEARBORN on any given day, he shall verbally communicate that
fact to the CITY as soon as such fact becomes reasonably known to him.
12. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
provision of any and all police and/or governmental law enforcement services, and this CONTRACT does not,
and is not intended to, diminish, delegate divest, impair, or contravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation. duty, capacity. immurrty, or character of office of either the
SHERIFF, the COUNTY, and/or any DEDUTY.
13. The CITY and the 0.C.S.D. agree that neither The 0.C.S.D. nor any DEPUTY, by virtue of this
CONTRACT or otherwise, she be considered or asserted to be ar e.mcioyee, contractor, subcontractor,
partner, joint venturer, representative o- agent of the CITY, and further agree that. at all times and for al!
r.:G_It1_01113
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
purposes under the terms of this CONTRACT, the 0.C.S.D.'s and all DEPUTIES' relationship to the CITY
shall be controlled and governed by the terms of this CONTRACT and Attachment C, 0.C.S.D.
INDEPENDENT STATUS.
14, The CITY agrees that this CONTRACT does not, and is not intended to, create, by implication or
otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D.
POLICE PROTECTION services or governmental law enforce' neat 'a uteution in favor or to the benefit of any
person beyond the 0.C.S.D.'s ancicr any DEPUTY'S governmental law enforcement officer euty, as
established under existing law, to the general public. The CITY agrees that at all times, and for any and all
purposes under this CONTRACT. the 0.C.S.D. and/or any DEPUTY present at CAMP DEARBORN shall be
present strictly and solely to perform POLICE PROTECTION services and governmental law enforcement
functions as authorized by law to and for the benefit of the generaI public, and under no circumstances shall
the 0.C.S.D. and/or any DEPUTY be obligated in any manner to uncertaee any activity or duty on behalf of the
CITY or provide any particular, direct, or specific service or benefit to or for the CITY, any CITY AGENT(S), or
any patron or other person attending CAMP DEARBORN.
15. The CITY agrees that this CONTRACT does not, and 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 CAMP DEARBORN. The
CITY agrees that it shall, at all times ano under all circumstances, remain solely and exclusively responsible
for any and all costs, obfigations, and/or civil liabilities associated with owning and operating CAMP
DEARBORN and/or permitting any person to attend CAMP DEARBORN, 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 torah basic crowd
control, security services or obligations, safety functions, and/or any other activity associated with the normal
operation of CAMP DEARBORN which is not expressly within the definition of POLICE PROTECTION under
the terms of this CONTRACT aria which is not under the sole and exclusive control and direction of the
0.C.S.D, The CITY 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) hat the CITY normally provides to any CITY AGENT(S) or any person
attending CAMP DEARBORN due to the presence of the 0.C.S.D. and/or any DEPUTY.
16, The CITY agrees that no CITY AGENT(S) (as defined in Attacnment A). either as a result of or arising
out of any act(s) by any person in the perfulI i uf I ly duty under this CONTRACT, shall be considered or
asserted to be an employee of the 0.C.S.D. The CITY agrees that it shall be solely and completely liable for
any and all CITY AGENT(S)' past, present ; or future wages. compensation, overtime wages. expenses, fringe
benefits, pension or retirement benefits. travel expenses, mileage allowances, training expenses,
transportation costs. and/or other allowances or reimbursements of any kind, including, but not limited to,
worker's disability compensation benefits, unemployment compensation, Socia: 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 ary AGENT(S)' employment status or any alleged violation of any CITY AGENT(S)'
statutory, contractual, or constitutional rights ay the CITY, the COUNTY or any COUNTY AGENT(S). The
CITY agrees to indemnify and hold narrnless the COUNTY and/or any COUNTY AGENT(S)from and against
any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any
COUNTY AGENT(S) by any CITY AGENT(S) which are based upcn, result from, or arise from, or are in any
way reiated to any CITY AGENT(S)' wages, compensation benefits, or other employment-related rights.
including, out not limited to, those described in this Paragraph.
17. The CITY agrees that it shal be solely and exclusively responsible, during the term of this
CONTRACT, for guaranteeing that all CITY AGENT(S) fully cooperate with all DEPUTIES in providing any
POLICE PROTECTION services pursuant to this CONTRACT and conform their activities to comply with the
terms of this CONTRACT, including, but not limited to, those of Attacnnien! C.
18. Except as otherwise provided n this Paragraph, the CITY agTees to defend, indemnify and nold the
COUNTY and/or any COUNTY AGENT(S) harmless from and against any and all CLAINI(S; which are
CC_B_DEP: 4
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
imposed upon, incurred by, Lit aresei led el ydiliL the COUNTY and/or any COUNTY AGENT(S) by any person
and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake,
negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT(S), including, but not limited
to: (a) any alleged breach of legal duty to any person by the CITY and/or any CITY AGENT(S); (b) any
alleged failure by the CITY or any CITY AGENT(S) to comply with any CITY duty or obligation in this
CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any CITY or CITY AGENT(S) services,
buildings, equipment, or any ether event, occurrence, duty, or obligation related or attendant thereto. The
CITY, however, shall not be oeligated 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 camages or loss to any person other tnan the CITY or any CITY AGENT(S). The
CITY snail not be required or obligated to defend, indemnify and/at hold the COUNTY or any COUNTY
AGENT(S) harmless in any criminal investigation, criminal case, crImina prosecution or criminal proceeding,
or pay any costs, expenses, fines, damages, or liabilities of any kind whatsoever which are incurred in or result
from any criminal investigation or prosecution.
19. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability,
representations, liabilities, payment obligations, and/or arty 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.
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 CITY agrees that it may not assign, delegate, contract. subcontract or otherwise, transfer,
promise, commit, or loan any 0,C.S. a's or any DEPUTY'S POLICE PROTECTION services or duties under
this CONTRACT to any other person andlor public or private corporation, entity, or organization of any kind.
22. The CITY 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 tne CITY for any event or activity at CAMP DEARBORN, and hereby
represents and warrants that the CITY does not have, and will not in the future have, any other contractual
agreement that will in any manner restrict, interfere with, or prohibit the CITY, any CITY AGENT(S), or any
other person from complying with the CITY's obligations and duties as set forth in this CONTRACT.
23. The CITY agrees that it shah promptly deliver to the 0.C:S.D. written notice and copies of any
CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other
wrongdoing, whether civil or criminal in nature, that the CITY becomes aware of which involves in anyway the
O.C.S. D. or any DEPUTY. The CITY agrees to cooperate with the 0.C.S.D. in any investigation conducted by
the 0.C.S.D. into any act(s) or work performance of any DEPUTY.
24. Subject to the following Paragraph. this CONTRACT shg become effective on May 19, 2008, and
shall remain in effect until it expires without any fie titer iletiee being required of any party, at 11:59 p.m.
on September 24, 2010. While this is a three year contract, the actua: periods under this CONTRACT when
the SHERIFF will be providing deputies to perform law enforcement services during the course of each year
are as follows:
May 19, 2008 through September 19, 2008
May 18, 2009 through September 18, 2009
May 17, 20'10 through September 17, 2010
L.:),_ELLSt 5
.
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Either the COUNTY, the SHERIFF, or the CITY may cancel this CONTRACT for any reason without incurring
any penalty or liability to any party as a result, before its 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 shal: 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 C. is - • - CITY Council. The approval and
terms of this CONTRACT shall be entered into the official minutee d I pi ueeedi,igs of the COUNTY Board of
Commissioners and CITY Council and shall also be filed with the office of the Clerk for the COUNTY and the
CITY. in addition, this CONTRACT, and any subsequent amendments. shall be filed with the Secretary of
State for the State of Michigan by the 0, C.S.D. and shall not become effective or implemented prior to its filing
with the Secretary of State.
26. The parties shall send, oy first class mail, all corresporrsterre-arri 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 in the State of Michigan and shall in all respects be
interpreted, enforced and governed under the laws of the State of Micnigan. 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 pa -ty. 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.
28. Absent an express written waiver, the failure of any party tc 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 tnis CONTRACT. No faiiure or deoy on the part of any party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof, nor shall a single o- partial exercise of any right, power or
privilege preclude any other or further exercise of any other right, power or privilege.
29. The COUNTY, the SHERIFF, and the CITY acknowledge that this CONTRACT shall be binding upon
each of them and, le 1li xLiL piudLd 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.
30. This CONTRACT. consisting of a total of twelve (12) pages (including Attachments A B, and C,
which are all hereby incorporated intu el el [I side. poi I ur 1ii CONTRACT). sets forth the entire agreement for
increased POLICE PROTECTION at CAMP DEARBORN between the 0.C.S.D. and the CITY and fully
supersedes any and all prior agreements or understandings between them in any way relate e to the subject
matter hereof. It is further Lir ider stuud dud dyl eteLf 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 C.C.S. D. and the CITY h any way related to the subject matter hereof, except as expressly
stated herein. This CONTRACT snail not be changed or supplemented orally and may be amended only by
concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council.
31. For and in vu ldr U.n I 'Of Iti outual INDMises, acknowledgments, reoresentatione, and agreements
set forth in this CONTRACT, and for other good and valuatte —c7;ssiterraltor, the receipt and adequacy of
which is hereby acknowledged. the COUNTY, the SHERIFF, and the CITY hereby agree and promise to be
bound by the terms and provisions of this CONTRACT.
IN WITNESS WHEREOF, JOHN B. O'REILLY, Jr., Mayor. for the CITY OF DEARBORN hereby
acknowledges that he has been autholrizec oy a resolution of the CITY CounciI certified copy of wnicr is
attached) to execute this Contract on behalf of the CITY OF DEARBORN, 3 Michigan Constitutional and
CD_E_On 6
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Municipal Corporation and political subdritision of the State of Michigan, and hereby accepts and binds the
CITY OF DEARBORN to the terms and conditions of this CONTRACT on this day of
, 2008.
WITNESS: CITY OF DEARBORN, a Michigan
Constitutional ard Municipal Corporation
By:
JOHN B O'REILLY, Jr.
Mayor, City of Dearborn
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson of the Oakland County Board of
Commissioners, hereby acknowledges that he has Peen authorized by a resolution of the Oakland County
Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, anci hereby accepts and bincis the COUNTY OF OAKLAND to the
terms and conditions of the CONTRACT on this day of , 2008.
WITNESS: COUNTY OF OAKLAND. a Michigan
Constitutional and Municipal Corporation
By:
BILL BULLARD. JR. Chairperson,
Board of Commissioners
IN WITNESS WHEREOF, Michael J. Bouchard, in his capacity as the Oakiand County Shenft,
a Michigan Constitutional Officer. hereby accepts and binds the Office of the Oakland County Sheriff to the
terms and conditions of this CONTRACT or this day of , 2008,
WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan
Constitutional Officer
By:
MICHAEL J. BOUCHARD.
Oakland County Sheriff
CD_El_1795 7
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment A
CONTRACT DEFINITIONS
In addition to the terms and expressions "COUNTY", "SHERIFF'', "OAKLAND COUNTY SHERIFF'S
DEPARTMENT or 0.C.S.D.", and "CITY' which are defined in the CONTRACT, the CITY and the 0.C.S.D.
agree that for ail purposes, and as used throughout this CONTRACT and all Attachments hereto, the words
and expressions below are also defined terms under this CONTRACT. The CITY and the 0.C.S.D. also agree
that whenever any defined term or expression is printed in al; upper ,;c1SU ',hall deters, and/or whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, it shall be
defined, read, and interpreteo 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 LA- El : drl- d b.d,U inutur vehrcie 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 nonernergency wnich, 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
e accident or accidenta: injury, and related law enforcement functions as autl eil iLed Elf ur ii randated by law.
Additional 0.C.S.D. law enforcement Support Services, such as Marine Division, Arson Investigation,
Detective and Crime Lab services, which the 0.C.S.D. now provides on a County-wide basis, unless expressly
stated to the contrary herein, are not part of the POLICE PROTECTION services contemplated under the
scope of this CONTRACT, however, such Support Services shall continue to be made available, at no
additional cost to the CITY, to the same extent that the 0.C.S.D. continues to make such law enforcement
Support Services available, at no additional charge, to all other communities within Oakland County. POLICE
PROTECTION, as defined in this CONTRACT_ shall NOT include any responsibility or job duty of the CITY or
any CITY AGENT(S) including, but not limited to, gate attendants, ticket sellers, ticket takers, ushers,
directors, supervisors, parking attendants, managers nurses, emergency medical personnel or technicians.
security guards, safety personnel, complaint adjusters, or any other plant, operational, or administrative
personnel who perform any general crowd control and supervision functions, search any packages and/or
patrons fur objeete such as bottles, cans, or weapons, remove any objectionable patrons, signs or displays,
determine any persons admissibility to CAMP DEARBORN. dl id supervision on CITY owned and
operated property, become invonied in any dispute resolution with any CITY AGENT(S) and/or any person
attending CAMP DEARBORN, or enforce any CITY or CAMP DEARBORN rule, policy, or regulation which
does not involve the elifulL;ITIU11[ uf tile yeneiel criminal laws of this state.
A 2. "CAMP DEARBORN" shalt be-def.-I led db 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 contro rooms, offices, closets, storage areas,
lockers and rest rooms, and other enciused dFd dEld personal property or motor vehicles thereon, as well as
all other private and personal property. and surrounding open spaces and lands located at 1700 General
Motors Road, Milford, Michigan whicn are either owned, operated, or under the control or supervision of the
CITY, and all immediately surrounding public roads and walkways which are occupied or carry persons or
vehicles to or from CAMP DEARBORN.
A 3. 'C't..A1M(S)" shall be defined to inclucie 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 ir settlement, or any other amoJnt 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 tre constitution (federal or state), any
statute, rule, regulation, or the common law, whether le law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened
DK: 9
-
CONTRACT FOR CAMP DEARBORN Attachment A
POLICE PROTECTION
A 4. "CITY AGENT(S)' shall be defined to include any and all CITY officers, elected officials, appointed
officials, directors, board members, employees, managers, departments, divisions, volunteers, agents, and
representatives of the CITY, as well as any CITY licensee* concessionaire, contractor, subcontractor, vendor,
subsidiary, joint venturer or partner, snafu 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 ail persons acting by, through, under. or in concert with any of them and/or
the CITY. CITY AGENT(S) as defined in this CONTRACT shall also include any person who was a CITY
AGENT(S) at any time during the term of this CONTRACT but for any reason, is no longer employed,
appointed, or elected in their previous capacity.
A 5. "DEPUTY" or "DEPUTIES", whether o- not preceded by tie term SHERIFF or 0.C.S.D., shal be
defined to include the Undersheriff, any Maim 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 aeputy 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 ete-ctLI id pee'oLd uIik.i1, commissioners, officers,
boards, committees, commissions, or their members, departments, thvisions, 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 offical
capacities), and any and all persons acting by, through, under, or in concert with any of them. COUNTY
AGENT(S) as defined in this CONTRACT shall also induce 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.
REPORT (misc. 08067) April 24, 2006
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: MR #08067 - SHERIFF'S OFFICE — CAMP DEARBORN CONTRACT
FOR LAW ENFORCEMENT SERVICES FOR THE 20081200912010 SEASONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Miscellaneous Resolution
#08067 on April 17, 2008, reports with a recommendation that the 5th WHEREAS
paragraph be amended to strike the words "and approved by the Department
of Management and Budget"
Chairperson, on behalf of the Finance Committee, I move the acceptance
of the foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Rogers
absent.
SERVICE)/COMMITTEE
April 10, 2008
MISCELLANEOUS RESOLUTION 108067
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 200812009/2010 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriffs
Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services;
and
WHEREAS Miscellaneous Resolution #05097approvec a three year contract between the City of
Dearborn and the County: and
WHEREAS the City of Dearborn nas equested to renew the contract between the County and
the City of Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the
2008/2009/2010 seasons; and
WHEREAS the Sheriffs Office in conjunction with the City of Dearborn is proposing to continue
contracting for services per the attached agreement for one (1) Deputy II and three (3) Deputy Is
as assigned. and ten (10) part-time non-eligible Park Deputes (Pos. #07157, 07158, 07159,
07160, 07161. 07162, 07163, 07164. 07165, and 07166): and
WHEREAS the rates for 2008/2009/2010 seasons are included ;n the contract and approved by
the Department of Management and Budget.
NOW THEREFORE. BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Chairperson of tne Board and the Oakland County Sheriff to enter into the
attached agreement with the City of Dearborn for the purpose of Law Enforcement Patrol Service
at the rates included in the eitached contract.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
Public Services Committee Vote:
Motion carried unanimously on a ro;: call vote with Gingen absent
Resolution #08067 Aoril 10, 2008
The Chairperson referred the resolutiori to the Finance Committee. There were no objections.
2008-2010 CONTRACT FOR CAMP DEARBORN POLICE PROTECTION
This CONTRACT FOR CAMP DEARBORN POLICE PROTECTION (hereafter the "CONTRACT') is
made and entered into between the CITY OF DEARBORN, a Michigan Constitutional and Municipal
Corporation, whose address is 13165 Michigan Ave., Dearborn, Michigan 48126 (hereafter the "CITY") and
the COUNTY OF OAKLAND. a Michigan Constitutional and Municipai Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). The COUNTY is also
represented in this CONTRACT by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official
capacity as a Michigan Constitutional Officer. whose address is 1201 North Telegraph Road, Pontiac,
Michigan 48341 (hereafter the "SHERIFF") In this CONTRACT when the COUNTY and SHERIFF are
referred to jointly and collectively, they wil: be referred to as the "OAKLAND COUNTY SHERIFF'S
DEPARTMENT' or, as abbreviated, the "O.C.S.D.".
INTRODUCTORY STATEMENTS
A The CITY owns and up ti d1US d iiJrOU1 id dl Id IdUlCcdilleal area located in Oakland County
at 1700 General Motors Road, Milford, Michigan 48042 (hereafter, and as further defined in Attachment A,
CONTRACT DEFINITIONS, "CAMP DEARBORN");
B. The CITY is authorized to provide police services for the protection of persons and property at
CAMP DEARBORN;
C. The 0.C.S.D. is authorized to provide police services within Oakland County but, absent an
agreement such as this, has only limited responsibility for any police services at CAMP DEARBORN;
D. Pursuant to the Urban Cooperation Act of 1967. 1967 PA 7. MCL 124.501 et seq.. The CITY
and the 0.C.S.D. may enter into an agreement where the 0.C.S.D. would provide additional "POLICE
PROTECTION" (as defined in Attachment A) services at CAMP DEARBORN for the CITY;
E. The CITY has requested to enter into such an agreement with the OAKLAND COUNTY
SHERIFF'S DEPARTMENT whereby 0.C.S.D. "DEPUTIES" (as defined in Attachment A) would provide
POLICE PROTECTION at CAMP DEARBORN; and
F. The 0.C.S.D. is agreeeble le pi uvidiag DEPUTIES for supplemental POLICE PROTECTION
pursuant to the terms and conditions of tnis CONTRACT, provided that such POLICE PROTECTION services
do not: (a) impair or interfere with the 0.0 S.D.'s ability to meet its other law enforcement responsibilities; (b)
result in any 0.C.S.D. loss of operational efficiency or readiness; and/or (c) result in the assumption of any
additional liability or any increased financial burden by County taxpayers.
THEREFORE, in coneideratiori c.I Lli premises and the promises, agreements, representations,
and acknowledgments contained in this CONTRACT and all of the A1ici0 it I its Iiitu, it is muLially agreed
as fallow
1. The SHERIFF, subject to the terms of this CONTRACT, shall assign 0.C.S.D. DEPUTIES, in such
NUMBER(S) and RANK(S) as shown in Attachment B - O.C.S. D. CONTRACTED DEPUTIES, to provide all of
the POLICE PROTECTION services contemplated under this CONTRACT at CAMP DEARBORN. As useo
throughout this CONTRACT, any reference to the NUMBER(S) of DEPUTIES. as shown in Attachment B,
shall be defined and quantified as up to Eighty (80) Hours of POLICE PROTECTION services during a bi-
weekly period, by any individual or tAlli ibil idliur ef iiidividua: DEPUTIES of the specified RANK(S), for each
DEPUTY position identified in Attachment B and assigned by the SHERIFF to provide POLICE PROTECTION
at CAMP DEARBORN.
2. Except as otherwise expressly provided for in this CONTRACT, any DEPUTY contracted for and
assigned to provide POLICE PROTECTION services at CAMP DEARBORN (Attachment B) shall work, during
those hours for which the CITY is being charged, only on CAMP DEARBORN related POLICE PROTECTION
matters. The CITY agrees, however, that whenever any DEPUTY contracted for and assigned to provide
CD_B_DIX3
I. I
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
POLICE PROTECTION under this CONTRACT is not present at CAMP DEARBORN due to any of tie
reasons described in the following subparagraphs, such periods of time shall be included in and countec
towards hours of POLICE PROTECTION services provided;
a. Appearance in any Court, or at any meeting with any other law enforcement agency in
connection with any prosecution or Court appearance related to CITY law enforcement activities;
b. Performance of any law enforcement services for the CITY which takes any DEPUTY outsiae
of CAMP DEARBORN;
c. Any time-expended ti ai ibpui 619 any person arrested ey any DEPUTY during the course of
providing POLICE PROTECTION at CAMP DEARBORN tc 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 re!ated duty or obligation which takes any
DEPUTY away from CAMP DEARBORN but which began or arose while any DEPUTY was providing
POLICE PROTECTION at the CAMP DEARBORN (Le. hot pursuit, transporting a person for medical
attention, an automobile accident occurring on the public road immediately outside CAMP
DEARBORN grounds, etc.).
3. Subject to the SHERIFF'S absolute right to consolktate tile sieeigriedbI ilr uf his DEPUTIES in order
drr.. neees, ...e to concentrate law enfuruereent tu meet particular POLICE PROTECTION priorities e I I fh
SHERIFF shall assign shifts to DEPUTIES at CAMP DEARBORN under this CONTRACT so as to provide the
broadest possible coverage of POLICE PROTECTION services.
4. Subject to the SHERIFF'S soie discretion and judgment as to the county-wide prioritization of
resources and law enforcement needs, any DEPUTY services, beyond the Eighty (BO) Hours of POLICE
PROTECTION services during any bi-weekly period as provided for in this CONTRACT, may be made
available 1;iy the SHERIFF to the CITY at CAMP DEARBORN on an overtime basis. Any such additional hours
of DEPUTY POLICE PROTECTION services provided shall be invoiced to and paid by the CITY direatly to the
COUNTY at the Hourly Overtime Rate shown in Attachment B, which shall be in addition to any amounts
otherwise due and owing under the terms of this CONTRACT. If. however, the 0.C.S.D. was able to provide
any additional Part-Time PARK DEPUTY services reauested py the CITY. over and above the Eighty (80)
Hours during any bi-weekly period as provided for in this CONTRACT, without the 0.C.S.D. actually incurring
any direct or indirect obligation to pay any overtime premium to any Part-Time PARK DEPUTY as a result the
Regular Hourly Rate shown in Attachment B. for each Part-Time PARK DEPUTY non-overtime additional
hour(s) of service shall be invoiced and paid by the CITY.
5. The CITY agrees to pay the 0.C.S.D. for each hour of each DEPUTY'S POLICE PROTECTION
services rendered pursuant to this CONTRACT at the rates shown in Attachment B. In addition the CITY
agrees to reimburse the 0.C.S.D. for any and all additional hours e work beyond the Eighty (80) Hours,
including any overtime premium incurred and paid by the 0.0.S.D in providing POLICE PROTECTION
services to the CITY at CAMP DEARBORN uncer the terms of this CONTRACT. For every bi-weekly period
of time (corresponding to estabiished 0.C.S.D. payroll periods) during which any DEPUTY rendered any
POLICE PROTECTION services to tne CITY at CAMP DEARBORN pursuant to this CONTRACT, the
0.C.S.C. shall prepare and send to the CITY an flvoice wl 'jell eeeel. II tile ri iuunt due for each DEPUTY'S
services rendered during that bi-weekly eerepd, plus any cnarges for any additionac hours of wprk, any
overtime premiums incurred, and/or holiday pay during that bi-weekly Diiling period. The CITY agrees to pay
to the COUNTY the full amount due on any such invoice wittir, 30 Plays of the invoice date
CD_B, 096 2
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
6. The CITY has to its setiefectioe exdifiiitud the 0.C.S.D.'s wage and cost structures and acknowledges
and agrees the reimbursement that the CITY is to pay to the COUNTY under the terms of this CONTRACT is
not intended to result in any net financial gain or profit for the COUNTY, but is established to guarantee that
the 0.C.S.D, is fully reimbursed for any and all salary costs, including overtime, and other related and
necessary fringe benefit costs and expenses that the COUNTY is required to pay to, or on behalf of, any
DEPUTIES, as well as the costs of equipment and supplies necessary to provide POLICE PROTECTION at
CAMP DEARBORN under the terms of this CONTRACT:
7. The 0.C.S.D. agrees that mon request any 0.C.S.D. payroll Policies, payroll or attendance records,
procedures, employment contracts. etc., applicable to tl d ; i; -..•U.C1 11.11c1,..d!ul IIepolicable costs and amounts
that the CITY is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available oy
appointment by the 0.C.S.D. for inspection by the CITY.
8. The 0.C.S.D. and the CITY agree and acknowledge that the POLICE PROTECTION activities
provided for under the terms of this CONTRACT are strictly limited to those governmental law enforcement
functions authorized by law and the POLICE PROTECTION provided for under this CONTRACT are
exclusively governmental activities and functions of the type and nature that would be normally supported by
tax dollars, and that this CONTRACT simply acknowledges the unusual circumstances and increased law
enforcement needs and demands created by the summertime popularity of CAMP DEARBORN and the
correspondingly increased financial burden on government law enforcement agencies as a result
9. The CITY acknowledges that. except as provided for under the terms of this CONTRACT, the
SHERIFF has only limited responsibility for law enforcement services at CAMP DEARBORN and is not
otherwise required, except as provided nerein. to assign any specific NUMBER(S) or RANK(S) of 0 C.S.D.
DEPUTIES to provide law enforcement services at CAMP DEARBORN.
10. The CITY acknowledges and agrees that there may be circumstances beyond tne SHERIFFS control
when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement
resources. his overall evaluation of Oakland County's immediate law enforcement needs, and his
determination as to the allocation of 0.C.S.D. law enforcement personne: at that time to best serve the citizens
of Oakland County, the SHERIFF and/or the 0.C.S.D. may be unabie to assign any or all of the DEPUTIES
contemplated to provide POLICE PROTECTION at CAMP DEARBORN during the term of this CONTRACT.
The CITY acknowledyee did ayl es tl 'at this CONTRACT does not, and is not intended to, create either any
absolute right in favor of the CITY, or any corresponding absolute duty or obligation upon the SHERIFF or the
0, C.S.D, to guarantee that any specific NUMBER(S) or RAN K(S) of DEPUTIES will be present to provide
POLICE PROTECTION services at CAMP DEARBORN at anytime. Tile CITY acknowledges and agrees that
the 0.C.S.D.'s good faith ano reasonable efforts to cooperate with the CITY 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 tneeonerrriseelnerefessterrralism of
the 0.C.S.D. in these regards, as demonstrated throughout previous similar agreements, are appropriate and
adequate consideration to justify the CITY'S decision to enter into this CONTRACT.
11 The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES
contemplated in Attachment B at CAMP DEARBORN on any given day, he shall verbally communicate that
fact to the CITY as soon as such fact becomes reasonably known to him,
12. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
provision of any and all police and/or governmental law enforcement services, and this CONTRACT does not
and is not intended to, diminish, delegate. divest, impair, or eientravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation, duty, capacity, immeney, or character of office of either the
SHERIFF, the COUNTY. and/or any DEPUTY
13. The CITY and the 0.C:S_D. agree that neither the 0.C.S.D. 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, 07 agent of the CITY, and terteer wec that, at all times and for all
CD_EI_DR6 3
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
purposes under the terms of this CONTRACT. the 0 C.S.D 's and all DEPUTIES' relationship to the CITY
shall be controlled and governed by the terms of this CONTRACT and Attachment C, 0.C.S.D.
INDEPENDENT STATUS,
14. The CITY agrees that this CONTRACT does not, and is not intended to, create, by implication or
otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to 0.C.S.D_
POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any
person beyond the 0.C.S.D.'s and/or any DEPUTY's governmental law enforcement officer duty, as
established under existing Law, to the general public. The CITY agrees that at all times, and for any and all
purposes under this CONTRACT, the 0 C S.D. and/or any DEPUTY present at CAMP DEARBORN shall be
present strictly and solely to perform POLICE PROTECTION services and governmental law enforcement
functions as authorized by law to and for the benefit of the general puelic, and under no circumstances shall
the 0.C.S.D. and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the
CITY or provide any particular, direct, or specific service or benefit to or for the CITY, any CITY AGENT(S), or
any patron or other person attending CAMP DEARBORN.
15. The CITY agrees that this CONTRACT aces not. and is not intenoed 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 CAMP DEARBORN. The
CITY agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible
for any and all costs, obligations, and/or civil liabilities associated with owning and operating CAMP
DEARBORN and/or permitting any person to attend CAMP DEARBORN, 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 CAMP DEARBORN which is not expressly within the oefinition of POLICE PROTECTION under
the terms of this CONTRACT and which is not under the sole and exclusive control and direction of the
0.C.S.D. The CITY further agrees that a shali 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 CITY normally provides to any CITY AGENT(S) or any person
attending CAMP DEARBORN due to the presence of the 0,C.S.D. anceor any DEPUTY,
18. The CITY agrees that no CITY AGENT(S) (as defined in Attachment A), either as a result of or arising
out of any act(s) by any person in the [01 fur r rire ef eny duty under this CONTRACT, shall be considered or
led to he coi employee of the 0.C.S.D. The CITY agrees tnat it snail be solely and completely liable for
any and all CITY AGENT(S)' past, present, or future wages, compensation. overtime wages, expenses, fringe
benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to,
worker's disability comperisaticerleerrefits., unemployment compensation. Social Security Act protection(s) and
benefits, any employment taxes. and/or any other statutory or contractual right or benefit based on or in any
way related to any CITY AGENT(S)' employment status or any alleged violation of any CITY AGENT(S)'
statutory, contractual, or constitutional rights by the CITY, the COUNTY or any COUNTY AGENT(S). The
CITY agrees to indemnity and-hoki hannlese the COUNTY and/or any COUNTY AGENT(S) from and against
any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any
COUNTY AGENT(S) by any CITY AGENT(S) which are based upon, result from, or arise from, or are in any
way related to any CITY AGENT(S)' wages, compensation. benefits. or other employment-related rights,
including, but not limited to, those described in this Paragraph,
17. The CITY agrees that t shal_ be solely and exclusively responsible, during the term of this
CONTRACT, for guaranteeing that all CITY AGENT(S) fully cooperate with all DEPUTIES in providing any
POLICE PROTECTION services pursuant to this CONTRACT and conform their activities to comply with the
terms of this CONTRACT, including, nut not limited to. those of Ae.aenment C
18. Except as otherwise provided n this Paragraph, the CM' aa7ees to 'defend, indemnify and hold the
COUNTY and/or any COUNTY AGENT harmless from and aaamst any and all CLAIM(S) which are
CC_IS_LIEC 4
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
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 relateo to any alleged error, mistake,
negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT(S), including, but not limited
to; (a) any alleged breach of legal duty to any person by the CITY and/or any CITY AGENT(S); (b) any
alleged failure by the CITY or any CITY AGENT(S) to comply with any CITY duty or obligation in this
CONTRACT; and (c) any other CLAIM(S) based, In any way, upon any CITY or CITY AGENT(S)' services,
buildings, equipment, or any other event occurrence, duty, or obligation related or attendant thereto. The
CITY, however, shall not be obligated to pay any portion of any court ordered judgment or award for which a
court has determined that the COUNTY and/or any COUNTY AGENT(S) was either negligent or at fault for
any specific dollar amount of damages or loss to any person other than the CITY or any CITY AGENT(S). The
Cal shall not be required or obligated to oefend, 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 investigalithiur pi L*eL:iation.
19. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability,
representations, liabilities, payment obligations, and/or any other related obligations provided for in this
CONTRACT with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or
having their basis in any events or transactions that occurred before the cancellation or expiration of this
CONTRACT, shall survive the cancellation or expiration of this CONTRACT.
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
provlded under the terms of this CONTRACT.
21. The CITY agrees that it may not assign, delegate. contract, subcontract or otherwise, transfer,
promise, commit, or loan any 0.C.S.D.'s or any DEPUTY'S POLICE PROTECTION services or duties under
this CONTRACT to any other person and/or public or privete col pui dtiul 1. entity, or organization of any kind.
22. The CITY 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 CITY for any event or activity at CAMP DEARBORN, and hereby
represents and warrants that the CiTY does not have, and will not in the future have, any other contractual
agreement that will in any manner restrict interfere with, or prohibit the CITY, any CITY AGENT(S), or any
other person from complying with the CITY's obligations and duties as set forth in this CONTRACT.
23. The CITY agrees that it shall promptly deliver to the 0.C.S.D. written notice and copies of any
CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other
wrongdoing, whether civil or criminal in nature, that the CITY becomes aware of which involves rn any way the
0.C.S.D. or any DEPUTY. The CITY du , Ctblu uupi ate 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.
24. Subject to tne following Paragraph, this CONTRACT shall become effective on May 19, 2008, ano
shall remain in effect until it expires without any further act or notice being required of any party, at 1159 p.m.
on September 24, 2010. While this is a three year contract, the actual periods under this CONTRACT when
the SHERIFF will be providing deputies to perform law enforcement services during the course of each year
are as follows:
May 19, 2008 through September 19, 2008
May 18, 2009 through September 18, 2009
May 17, 2010 through Sentember 17, 2010
CD_B_G9t 5
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Either the COUNTY, the SHERIFF, or the CITY may cancel this CONTRACT for any reason without incurring
any penalty or liability to any party as a result, before its scheduled expiration, oy 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 subseauent amendments, shall not become effective prior to the approval
by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council. The approval and
terms of this CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of
Commissoners and CITY Council and shall also be filed with the office of the Clerk for the COUNTY and the
CITY. In addition, this CONTRACT, and any subsequent amendments, shall be filed with the Secretary of
State for the State of Michigan by the 0.C.S.D. and shah not become effective or implemented prior to its fhing
with the Secretary of State.
26. The parties shall send, by first class mail, ail conesporidence and written notices required or permitted
by this CONTRACT to each of the signatories of this CONTRACT, or arty signatory successor in office, to the
addresses shown in this CONTRACT. Except as otherwise prov ided 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 in the State of Michigan and shall in all respects be
interpreted, enforced and governed unaer 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 vvnenever the context so suggests or
requires.
28. Absent an express writter 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.
29. The COUNTY, the SHERIFF, and the CITY acknowledge that this CONTRACT shall be binding upon
each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries,
executors, successors and assigns, and all persons acting by. through. under. or in concert with any of them.
30. This CONTRACT, consisting of a total of twelve (12) pages (including Attachments A. 13, and C,
which are all hereby incorporated intu dud ii dde. port ef this CONTRACT), sets forth the entire agreement for
increased POLICE PROTECTION at CAMP DEARBORN between the 0.C.S.D. and the CITY and fully
supersedes any and all prior agreements or unaerstandings between them in any way related to the subject
matter hereof. It is further understood and agreed that the terms end eonditions 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 CITY in any way related to the subject matter hereof, except as expressly
stated herein. This CONTRACT shall not be changed or supplemented orally and may be amended only by
concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council.
31. For and in consideration of the mutual promises, acknowiedgments, representations, and agreements
set forth in this CONTRACT, and for other good and valueble eel tne receipt and aaequacy of
which is hereby acknowledgea, the COUNTY, the SHERIFF, and the CITY hereby agree and promise to be
bound by the terms and provisions c4 this CONTRACT:
IN WITNESS WHEREOF, JOHN B. 0:1:1LLY, tr.. Mayor, for the CITY OF DEARBORNi, hereby
acknowledges that he has bee!' dUIQi iLd Jy resolution of the CITY Dounoi: (a certified copy of which is
attached) to execute this Contract on behalf of the CITY OF SEAR BORN, a Michigan Constitutional and
C0_6_17:16 6
By: NW=
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the
CITY OF DEARBORN to the terms and conditions of this CONTRACT on this day of
. 2008.
WITNESS: cry OF DEARBORN, a Michigan
Constitutional and Municipal Corporation
JOHN B O'REILLY, Jr.
Mayor, City of Dearborn
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson of the Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County
Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, and nereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the CONTRACT on this day of , 2008.
WITNESS: COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
BILL BULLARD, JR. , Chairperson,
Board of Commissioners
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the Oakland County Sheriff,
a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County Sheriff to the
terms and conditions of this CONTRACT cn this day of , 2008.
WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan
Constitutional Officer
By:
MICHAEL J. BOUCHARD,
Oakland County Sheriff
CD_B_Lrat 7
.
CONTRACT FOR CAMP DEARBORN Attachment A
POLICE PROTECTION
CONTRACT DEFINITIONS
In addition to the terms and expressions "COUNTY", "SHER FF", "OAKLAND COUNTY SHERIFF'S
DEPARTMENT or 0.C.3.D.P, and "CITY" which are defined in the CONTRACT, the CITY and the 0.C.S.D.
agree that for all purposes, and as used throughout this CONTRACT ano all Attachments hereto, the words
and expressions below are also defined terms under this CONTRACT. The CITY and the 0.C.S.D. also agree
that whenever any defined term or expression is printed in al r upper se eller acters, and/or whether used in
the singular or plural, possessive or nonpossessive, and/or either within or witn out quotation marks, it shall be
defined, read, and interpreted as provided fot 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 stata di tl rearielar vehicle and traffic laws of
this state, including, but not limited to, road patrol, crime detection, came prevention, and criminal
apprehension, as well as any necessary supervision to the extert 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.D. law enforcement Support Services, such as Marine Division, Arson Investigation,
Detective and Crime Lab services, whicn the 0,C.S.D. now provides on a County-wide basis, unless expressly
stated to the contrary herein, are not part of the POLICE PROTECTION services contemprated under the
scope of this CONTRACT, however, such Support Services shall continue to be made available, at no
additional cost to the CITY, to the same extent that the 0.C.S.D. continues to make such law enforcement
Support Services available, at no additional cnarge, to all other communities within Oakland County. POLICE
PROTECTION, as defined in this CONTRACT, shall NOT include any responsibility or job duty of the CI -FY or
any CITY AGENT(S) including, but not limited to, gate attendants. ticeet sellers, ticket takers, ushers,
directors, supervisors, parking attendants, managers, nurses. emergency medical personnel or technicians,
security guards, safety personnel. complaint adjusters, or any other plant. operational. or administrative
personnel who perform any general crowd control and supervision functions, search any packages and/or
Patrons for objects such as bottles, cans or weapons, remove any objectionable patrons, signs or displays,
determine any persons admissibility to CAMP DEARBORN, traffic control and supervision on CITY owned and
operated property, become involved in any dispute resolution with any CITY AGENT(S) and/or any person
attending CAMP DEARBORN, or enforce any CITY or CAMP DEARBORN rule, policy, or regulation which
does not involve the enforcement of the general criminal laws of this state.
A 2: "CAMP DEARBORN" shall be defined as the entire recreation area itself. including all improvements,
appurtenant buildings and structures. as well as any interior rooms, control rooms, medical and first aid areas,
hospitality areas, concession and novelty areas, security and contrcl rooms, offices, closets, storage areas,
lockers and rest rooms, and other enclosed areas and persona property or motor vehicles thereon, as well as
all other private and personal property, and surrounding open spaces and lands located at 1700 General
Motors Road, Milford, Michigan which are either owned, operated. OF ur,der the control or supervision of the
CITY, and all immediately surrounding public roads and walkways which are occupied or carry persons or
vehicles to or from CAMP DEARBORN,
A 3. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, penalties, costs ana expenses, including, but
not limited to. any reimbursement for reasonable attorney fees, witness fees. court costs, investigation andior
Inigation 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 tre constitution (federal or state), any
statute, rule. regulation, or the common law, whether ie law or eatety. tort, contract, or otherwise, and/or
whether commenced or threatened
CO_C_Cdra
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment A
A 4. "CITY AGENT(S)" shall be defined to include any and all CITY officers, elected officials, appointed
officials, directors, board members, employees, managers, departments, divisions, volunteers, agents, and
representatives of the CITY, as well as any CITY licensee, concessionaire, contractor, subcontractor, vendor,
subsidiary, joint venturer or partner, and/or any such persons. successors or predecessors, agents,
employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or
official capacities), and/or any and all persons acting by, through, under. or in concert with any of them and/or
the CITY. CITY AGENT(S) as defined in this CONTRACT snall also include any person who was a CITY
AGENT(S) at any time during the term of this CONTRACT but for any reason, is no longer employed,
appointed, or elected in their previous capacity.
A 5. "DEPUTY" or "DEPUTIES". wnether or not preceded by the term SHERIFF or 0.0 S.D., shall be
defined to include the Undersheriff, ary 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 otner COUNTY elected and appointed officials. commissioners, officers,
boards, committees, commissions, or their members, departments. divisions, trustees, volunteers, employees
(including any DEPUTY or DEPUTIES) agents, representatives, contractors, predecessors. successors,
assigns, attorneys, or auditors (whether such persons act or acted in their Personal, representative, or official
capacities), and any and all persons acting by, through, under. or in concert with any of them. COUNTY
AGENT(S) as defined in this CONTRACT shall also include any person who was a COUNTY AGENT(S) at
any time during the term of this CONTRACT but, for any reason, is no longer employed, appointed, or elected
in their previous capacity.
9
DEPUTY
NUMBER(S)
ONE (1)
THREE (3)
DEPUTY I 575.18 77.43 579.75
DEPUTY I (s) S69.50 $ 71.58 573.73
HOURLY RATES
RErauLAaANanmEaug
2008 2009 2010
DEPUTY RANK(B)
• '
CONTRACT FOR CAMP DEARBORN Attachment B
POLICE PROTECTION
0.C.S.D. CONTRACTED DEPUTIES FOR CAMP DEARBORN
REGULAR HOURS
TEN (10) Part-Time
PARK DEPUTY(s)
S 17 $ 17,52 $17.87
OVERTIME
TEN (10) Part-Time
PARK DEPUTY(s)
S 25.77 526.28 $26.80
NOTE: The CITY acknowledges that the DEPUTY I 1 and DEPUTY I "REGULAR" hourly rates. shown above,
are the same as the OVERTIME rates because the 0.C.S.D. costs 1i iiit beL.ause the 0.C.S.D must
still replace DEPUTYll's and DEPUTY I 's in the Oakiand County Jail on an overtime basis. DEPUTY I I and
DEPUTY I rates also include the costs for al! fringe benefits, equipme.nt and supplies, including all costs for
THREE (3) COUNTY-owned patrol vehicles for full-time use by the DEPUTIES assigned to CAMP
DEARBORN.
NOTE: It is understood ant agreed to by the 0.C.S.D. that CITY also will provide TWO (2) CITY-owned
vehicles, at no cost or expense to the COUNTY whatsoever, for additioral motorized patrol capability. The
0.C.S.D. agrees that the use of these TWO (2) CITY-owned vehicles on CAMP DEARBORN premises by
DEPUTIES does not violate the prohibition in this CONTRACT against providing any equipment to D.C.S.D.
DEPUTIES.
10
4
CONTRACT FOR CAMP DEARBORN
POLICE PROTECTION
Attachment C
0.C.S.D. INDEPENDENT STATUS
C 1. The CITY agrees and warrants that, at all times and for all purposes relevant to this CONTRACT, the
0.C.S.D. shall remain the sole and exclusive employer of all DEPUTIES and that the 0.C.S.D. shall remain
solely and exclusively responsible for the direct payment to any DEPUTY of any DEPUTY'S wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses,
mileage allowances, training expenses, transportation costs. and/or other allowances or reimbursements of
any kind, including, but not limited to, workers' disability compensation unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes. and/or any other statutory or contractual right
or benefit based, in any way, upon any DEPUTY'S status as an employee of the 0.C.S.D.
C 2. The CITY agrees and warrants that it shall not grant. give, allow, pay, reimburse. compensate, or
otherwise provide any wages, fringe benefits. privileges, gifts, ealuipment, personal property, supplies.
benefits, entitlement, consideration (monetary or otherwise), or ally other thing of value, either directly or
indirectly, to, for the use by. or on behalf of. any individual DEPUTY, except tnat any money paid directly to the
COUNTY by the CITY to reimburse the COUNTY for its costs pursuant to this CONTRACT shall not be
deemed consideration paid by the CITY to any DEPUTY.
C 3. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to create, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form: (a) any right,
privilege, benefit, or any other term(s) or condition(s) of emeioyment, of any kind or nature whatsoever, le,
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 0.0,S.D. employment and/or union contract(s); (c) any level(s) or
amount(s) of DEPUTY supervision, standard(s) of performance, training and education standard(s); and/or
(d) any 0.C.S.D. rule(s), regulation(s). hours of work, shift assignmenns) order(s), poiicy(ies), procedure(s).
directive(s), ethical guicieline(s), etc., whicn shall, solely and exclusively, govern and control the employment
relationship between the 0.C. S.D. and/or all conduot dm' sieliune of all DEPUTIES.
C 4. The CITY and the 0.C.S.D. agree that this CONTRACT does not. and is not intended to, limit, modify,
control, or otherwise affect in any manner the SHERIFF's sole and exclusive right, obligation, and
responsibility to determine, establish. modify. or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way
governs or controls any activity or tt renpnerfterrrarroszt any duty by any DEPUTY. The CITY further agrees that
this CONTRACT does not obligate or require tne SHERIFF or the 0.C.S,D. to change, alter, modify, use, or
develop any different or special POLICE PROTECTION policies. praetetes or procedures for use at CAMP
DEAR BORN.
C 5. The CITY agrees that this CONTRACT does not, and is not intended to include any 0.C.S.D.
warranty, promise, or guaranty, either express or implied, of any kino or nature whatsoever, in favor of the
CITY, any CITY AGENT(S), or any person attending CAMP DEARBORN, that any POLICE PROTECTION
provided by the 0.C.S.D. under the terms and conditions of this CONTRACT will result in any specific
reduction or prevention of any criminal activity at CAMP DEARBORN. or any other such performance-based
outcome, but only that the SHERIFF will make every reasonable effort to oroviee professional POLICE
PROTECTION services at CAMP DEARBORN. in accordance with generally ch...Ltplcd bEcli ideide for POLICE
PROTECTION with the DEPUTIES contracted for in Attachment B.
C 6. Under the terms of this CONTRACT, the CITY agrees and promises that no DEPUTY snail be asked
or required to perform any services dire* for the CITY or otherwise be available to perform any other work or
assignments from the CITY Cr be expected to perform any acs ctner than governmental law enforcement
functions or POLICE PROTECTION, anti that no DEPUTY snail be employed, in any manner or capacity. by
the CITY.
C 7. The CITY agrees that neither the CITY nor any CITY AGE NT(S) shat otherwise provide, furnish or
assign any DEPUTY with any job instrUotar,s, job descriptions, job specifications, or job duties, tools. supplies,
Z.D_b_D96 11
p. Ji .*
CONTRACT FOR CAMP thEARBORN Attachment C
POLICE PROTECTION
or equipment, or in any manner attempt to control, supervise. train, or direct any DEPUTY in the performance
of any 0.C.S, D. duty or obligation to provde POLICE PROTECTION under the terms of this CONTRACT.
C 8. The SHERIFF shall designate one DEPUTY assigned to provide POLICE PROTECTION at CAMP
DEARBORN under this CONTRACT as a "Communications Liaison'' for the purpose of maintaining
communications with the CITY Mayor. The CITY Mayor, or a designated CITY AGENT(S), may contact the
Communications Liaison to request. advise, or otherwise make the 0.C.S.D. aware of particular POLICE
PROTECTION needs and services at CAMP DEARBORN or to provide other relevant information. The CITY
Mayor, or designated CITY AGENT(S), may bring to the SHERIFF's attention any concerns regarding the
assignment of any DEPUTY to CAMP DEARBORN, however, the SHERIFF's -ctecisiorearr 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 crimina! investigation or pro -secution, keep the CITY Mayor
reasonably informed regarding criminal and/or law enforcement activities at CAMP DEARBORN,
C 9. The CITY and the 0,C.S.D. agree that this CONTRACT does not. and is not intended to, limit, modify,
control, or otherwise affect in any manner the SHEREFF'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 SHERFF's sole
judgment, he does not believe is qualified or otherwise fit to oe a 0,C, S. D. DEPUTY.
C 10. The CITY and the 0.C.S.D. agree that this CONTRACT does not, and is not intended to, limit, modify,
control, or otherwise affect in any manner the 0.C.S.D.'s complete and unilateral discretion, responsibility, and
right, subject only to its collective bargaining agreements, to emproy, compensate, assign, reassign. transfer,
promote, reclassify, discipline, demote layoff, furlough, discnarge any 0.0.5.13. 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 0.0.5.0. DEPUTY with the OAKLAND COUNTY
SHERIFF'S DEPARTMENT.
C 11. The CITY and the 0,C.S.D. agree that the 0.C.S.D. shall be solely and exclusively responsible for
providing DEPUTIES with all necessary tools, automobiles, radios. communications equipment, firearms, and
any and all other equipment that the 0.0.5.0., in its sole judgment deems required or beneficial for the
completion of any 0.C.S.D. duty under the terms of this CONTRACT. The 0,C.S,D. shall also be solely and
exclusively responsible for any and all DEPUTIES' business expenses. licenses, taxes, uniform or equipment
costs, insurance(s), supplies, etc. In the event that the CITY desires any special or additional personal
property or equipment (e.g., cellular telepriones, pagers, automobiles motorcycles, etc.) be provided, at CITY
expense or otherwise, to any DEPUTY assigned to CAMP DEARBORN the CITY shall direct such requests to
the 0.0.5.0, which shall solely decide whether such personal property or special equipment shall be provided.
Any and all such additional personal property, portable or incividual use equipment or property, and/or any
special equipment to be provided by the CITY, shall be provided directly and exclusively to the 0.C.S.D.
cn_B_Eigo 12
FISCAL NOTE (MISC #08067) April 24, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFFS OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES
FOR THE 2008/2009/2010 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The City of Dearborn has requested renewal of the Police Protection Agreement between the
City of Dearborn and the Oakland County Sheriff for the 2008, 2009 and 2010 seasons.
2. The Sheriffs Department is proposing to use one (1) Deputy II and three (3) Deputy l's on an
overtime basis for these services.
3. The contract also continues ten (10) part-time non-eligible Park Deputies (position #'s 07157,
07158, 07159, 07160, 07161, 07162, 07163, 07164, 07165, and 07166),
4. Sufficient revenue and expenditures have been included in Fiscal Year 2008 and 2009
budgets to cover the terms of the proposed contract; no additional appropriation is required.
5. The Fiscal Year 2010 Executive Recommendation will include the terms of the proposed
contract,
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward and Rogers absent.
4 fl soC ot .1
Resolution #08067 April 10, 2008
The Chairperson referred the resolution to the Finance Committee, There were no objections.
r
Resolution #08067 April 24, 2008
Moved by Scott supported by Gregory the resolution (with fiscal note attached) be adopted.
Moved by Scott supported by Gregory the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Scott supported by Gregory the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried
Vote on resolution, as amended:
AYES: Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long,
Middleton, Nash, Potts, Scott. Spector, Zack, Bullard, Bums. Coleman, Crawford (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
I HEREBY APPROVE THE FOREGOING RESO
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 oy the Oakland County Board of Commissioners on April
24, 2008, 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 24th day of April, 2008.
UTION
Gat
Ruth Johnson, County Clerk