HomeMy WebLinkAboutResolutions - 1986.08.07 - 10846August 7, 1986 MISCELLANDOUS RESOLUTION # 86223
BY: PUBLIC SERVICES COMMITTEE - James E. Lanni, Chairperson
CIRCUIT COURT - IN RE: PROBATION DIVISION - 1986/87 PROBATION ENHANCEMENT GRANT
APPLICATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 126 of 1983 and Public Act 225 of 1984 provided for
County probation enhancement programs for fiscal years 1984, 1985 and 1986
respectively; and
WHEREAS this funding will be continued in 1986-87; and
WHEREAS the statutory language of the Above Acts requires the creation
of a Community Corrections Advisory Board; and
WHEREAS the function of the Community Corrections Advisory Board is to
formulate and/or approve proposals for enhancement of probation services
and recommend to the Department of Corrections funding of those programs
they approve; and
WHEREAS the Community Corrections Advisory Board has approved the
proposed enhancement program and recommends the grant application which
covers the time period of October 1, 1986 through September 30, 1987; and
WHEREAS the Public Services Committee has reviewed and authorized the
Probation Enhancement Grant application for an amount up to $65,000, which
is 100% funded by State sources; and
WHEREAS the grant application has been reviewed by the County Director
of Federal and State Aid.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes application for the Probation Enhancement Grant
in the amount of $65,000 which has been approved by the Community
Corrections Advisory Board.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
REPORT TO THE PUBLIC SERVICES commiaTEE
BY: FINN - ( DR. G. WILLTAM CADDELL CHAIRPERSON
CIRCUIT COURT - IN RE: PR(EATICN DIVISION - 1986/87 PROBATICN ENHANCEMENT GRANT
APPLICATION
The Finance Committee has reviewed the proposed grant and finds:
1) This is an on-going grant in the fourth (4th) year,
2) The grant covers a period of October 1, 1986 to September 30, 1987,
3) Funding is in the amount of $65,000, which is 100% funded by the
State.
4) The grant application requests $57,500 for salaries, $4,970 for
operating expenses, and $2,530 for indirect costs consistent with
the attached schedule,
5) All personnel Changes will have to be approved by the Personnel
Committee,
6) Application or acceptance of the grant does not obligate the County
to any future commitment.
Mr. Chairperson, on behalf of the Finance Committee, I move the
acceptance of the foregoing report, and referral of the information
contained therein to the Public Services Committee, in accordance with
Miscellaneous Resolution #8145, Revised Federal and State Grant
Application procedures.
FINANCE COMMITIEE
FINANCIAL ANALYSIS
PROBATION ENHANCEMENT GRANT
PARISON LARD/APPLICATION
October 1, 1986 - September 30, 1987
19857_86 1986-87
Grant Application
Salaries (1) $54,560 $57,500
Fringe Benefits ---
Indirect Costs (2) 3,717 2,530
Personal Mileage 4,823 4,970
Total $63,100 $65,000
Funding Source
State $63,100 $65,000
County ---
Total $63,100 $65,000
(1) One (1) part-time non-eligible clerk position and several Oakland
University Student Intern positions will be utilized.
(2) Indirect Costs
5.6% for 1986
4.0% for 1987
Prepared by:
Budget Division
July 21, 1986
#86223 August 7, 1986
Moved by Lanni supported by Gosling the Finance Committee
report be accepted.
A sufficient majority having voted therefor, the report .was
accepted.
Moved byLanni supported by Richard Kuhn the resolution be adopted.
AYES: Fortino, Gosling, Hassberger, R. Kuhn, S. Kuhn, Lanni,
McConnell, McDonald, Moffitt, Nelson, Olsen, Perinoff, Pernick, Price,
Rewold, Rowland, Skarritt, Webb, Wilcox, Calandro, Doyon. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MLCHJGAW_
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that I have compared the annexed copy . of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on August 7, 1986
with the original record thereof now remaining in my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County at Pontrac, Michigan
this 7th day of
I
Lyhii71E. Allen, Coun y C
Regilster of Deeds
1986
AGREEMENT BETWEEN
THE STATE OF MICHIGAN, DEPARTMENT OF CORRECTIONS
AND
OAKLAND COUNTY
. 38-6004876
This agreement made and entered into this 1st day of October, 1986, by
and between the State of Michigan, Department of Corrections, hereafter
referred to as the STATE, and Oakland County/Central Services, 1200
Telegraph Road, North Office Building, Pontiac, MI 48053, hereafter referred
to as the CONTRACTOR.
WITNESSETH: in consideraton of the mutual promises, convenants and repre-
sentations herein contained, the parties hereto agree as follows:
Section 1 - STATEMENT OF PURPO S E
Whereas, the STATE desires to enhance adult felony probation services,
the purpose of this agreement is to engage the technical and professional
services of the CONTRACTOR in advancement of this work, and to define the
terms and conditions of this undertaking.
Section 2 - STATEMENT OF WORK -
The CONTRACTOR agrees to undertake, perform, and complete the following
in accordance with the terms and conditions of this agreement:
I. The CONTRACTOR shall enhance adult felony probation services in
accord with the grant application as submitted and approved by the
Community Alternative Programs (CAP)office.
2. The CONTRACTOR shall make available for inspection by the STATE,
all records pertaining to the probationer.
3. The CONTRACTOR shall submit to the Department (CAP office) by the
10th day following the end of each month, an expenditure report
detailing by :budget categories, how funds provided in Section 5
were spent during that period. The report will be submitted on
Michigan Department of Corrections Vendor Expense Report CFR-264
dated 11/84. A final report covering all expenditures and
encumbrances is due on or before October 6, 1987.
4. The CONTRACTOR shall submit to the Department (CAP office)
NARRATIVE program reports detailing program activity. The reports
shall be submitted by the 10th day following the end ofeach fiscal
quarter: - January 10, 1987, April 10, 1987, July 10, 1987, and
October 10, 1987. Failure to provide these reports will result in
withnolding subsequent payments to the CONTRACTOR.
AGREEMENT BETWEEN MDOC and OAKLAND COUNTY Page 2
5. Tile CONTRACTOR shall- maintain control of all equipment purchased
with this funding and ensure that all-equipment is used only for
the purposes stated in the grant application. All equipment in
existence at the final termination of this program will become the
pnoperty of the Department.
6. The CONTRACTOR shall provide the Department with a yearly inventory
- report of all purchased equipment. This inventory report is due to
- the Department on April 10, 1987.
Section 3 - SERVICES TO BE PROVIDED BY THE STATE
For the purpose of this agreement, the STATE agrees to provide the
following: _
1. The STATE shall appoint a liaison who will execute his/her role by
direct interaction with the CONTRACTOR or his/her designee.
2. - The STATE shall share with the CONTRACTOR records and related
information which is typically and routinely available to the
Department's agents in . accordance with Department policy
PD-DWA-01.22.
Section 4 - PERIOD OF PERFORMANCE -
The term of this agreement shall be from October 1, 1986 to
Septemoer 30, 1987.
Section 5 - COMPENSATION
The maximum amount payable to the CONTRACTOR under-this agreement shall
not exceed 565,000.00.
The CONTRACTOR shall be responsible for any travel expenses incurred in
the execution of this agreement.
This agreement is subject to availability of funding from the
Legislature.
Payment shall be contingent upon receipt of proper documentation from
the CONTRACTOR.
The CONTRACTOR will be reimbursed monthly based on expenditures as
reported on form CFR-264 11/84.
Expenditures are restricted to approved categories in the attached
budget. The CONTRACTOR may, without authorization from the Department,
transfer between budget categories in an amount not to exceed 10% of the
smaller of either the transferring-or receiving category. The maximum accu-
mulativeamount that may be transferred without written authorization by the
AGREEMENT BETWEEN MDOC and OAKLAND COUNTY Page 3
Department is $2,500. , The CONTRACTOR must advise the Department of any such
transfers. Any transfers not covered above must have the PRIOR, WRITTEN
-approval of the Department.
No funds may be transferred for the purpose of purchasing office equip-
ment without the express, prior, written approval of the Department.
State of Michigan funding does not allow for the carryover of unexpended
and non-encumbered funds from one fiscal year to the next. For funds to be
encumpereg, the service and/or goods must have been received- prior to
October 1, 1987 with payment to be made by November -30, 1987. - A list
detailing encumbered funds shall be submitted with the October 8, 1987
fiscal report. The CONTRACTOR shall report by December 10, 1987 the actual
amount of encumbered ,funds dispersed.
Section 6 - TERMINATION
n.n
This agreement shall continue in force and govern all transactions bet-
ween the parties hereto until canceled or terminated by either party, but it
is agreed that either party shall have the privilege, with or without cause,
to cancel and annul this agreement at any time upon written notice to the
other party. If notice is so given, this agreement shall terminate upon the
expiration of thirty (30) days from the date of the notice and the liability
of the parties hereunder for the further performance of the terms of this
agreement shall thereupon. cease, but they shall not be relieved of the duty
to perform their obligations up to the date of termination.
The STATE may void this contract if the CONTRACTOR or any subcontractor,
manufacturer, or supplier of the CONTRACTOR, appears in the register com-
piled by the Michigan Department of Labor pursuant to Public Act .278of
1980, as amended, Contracts with Employers Engaging in Unfair Practices Act,
(MCLA 432.321 et seq).
Section 7 - SUBCONTRACTING AND ASSIGNABILITY
The CONTRACTOR may not assign this agreement or enter into any sub-
contracts for the purpose of fulfilling this agreement without the prior
written permission of the STATE.
Section 8 - AMENDMENTS OR CHANGES IN AGREEMENT
This instrument contains the entire agreement between the parties and no
statement, promises, or inducements made by either party or agent of either
-party that are not contained in this written agreement shall be valid or
binding; and this agreement may not, be enlarged, modified, or altered_ except
in writing.
Any mutually agreeable change to the terms of this agreement must be in
the form of a written amendment to the agreement and signed by the signa-
tbries to this agreement prior to the implementation of the change. -
AGREEMENT BETWEEN MDOC-and OAKLAND COUNTY - -Page 4
Section 9 - DEFAULT
The STATE will not consider the CONTRACTOR to be in default of this
agreementif the CONTRACTOR is unable to perform the obligations set forth
herein due to causes beyond the CONTRACTOR'S reasonable control, which
causes shall include, but are not limited to, acts of God, strikes, or ina-
bility to obtain lab_or or materials on time.
If the CONTRACTOR is unable to perform the obligations set forth herein due
to causes beyond the CONTRACTOR'S reasonable control, the completion of
those obligations Shall be rescheduled within a reason-able time by mutual
agreement of the parties hereto. If it is not possible to reschedule within
a reasonable time, this agreement may be cancelled or -terminated by the
STATE upon thirty (30) days written notice.
No payment shall be made by the STATE to the CONTRACTOR for goods or
services not received or performed due to causes beyond the reasonable,
control- of the CONTRACTOR.
Section 10 - NON-DISCRIMINATION
• In connection with the performance of services under this agreement, the
CONTRACTOR agrees to comply with the provisions of the Elliott-Larsen,Civil
Rights Act, PA 453 of 1976, as amended, and specifically agrees not to
discriminate against an employee or applicant for employment with respect - to
hire, tenure, terms, conditions,_ or privileges of employment because of a
handicap that is unrelated to the individual's ability to perform the duties
of a particular -job or position, or because of race, color, religion,
national origin, age, sex, height, weight, or marital status. • Breach of
this covenant may be regarded as a material breach of this agreement.
Section 11 - EMPLOYMENT OF RETIRED STATE EMPLOYEES
The CONTRACTOR shall submit a monthly report to the Department of
Corrections, ,Finance Division,- not later than the fifth day of each month
for the duration of this agreement, regarding employment of individuals who
have retired from STATE service under the provisions of Public Acts 2 and 3
of 1984. This report shall identify those persons formerly employed by the
STATE who retired between June 2, 1984 and September 30, 1984 under the pro-
visions of Public Acts 2 and 3 of 1984 (Early,Retirement Plan) and who are
currently receiving remuneration from the CONTRACTOR. The report shall
include only the names of-those persons under sixty-two (62) years of age
who have performed a portion of the work required by this contract and have
also received remuneration, therefore, during the time period covered by the
report. If no such individuals are employed by the CONTRACTOR, a report is
not required. •
Each report shall contain the following information:
A. Department of Corrections contract number
B. Name of reporting CONTRACTOR
AGREEMENT BETWEEN MDOC and OAKLAND COUNTY Page 5
C. Total original dollar amount of agreement
D. Name and social security number of retiree(s) receiving remuneration
E. Month during which remuneration was paid
F. The report is to be legibly signed by a representative of the
CONTRACTOR and dated.
.Section 17 - PERFORMANCE BONDS AND INSURANCE
The CONTRACTOR agrees to maintain appropriate insurances at its sole
expense and shall provide proof of said bonds or insurance at any time upon
demand by the STATE.
Section 1 3 - LIABILITY
It is specifically understbod and agreed that the STATE will not repre-
sent or indemnify the CONTRACTOR in any litigation which may arise from per-
formance of this acreement.
Section 14 — RECORD RETENTION AND AUDIT
The CONTRACTOR agrees to keep complete and -accurate books of account
and to make them available to the STATE for audit. All such records, docu-
ments, and financial statements pertinent to this agreement shall be
retained for a period of ten years unless audited before then.
Section 15 - DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT (FOIA)-
This agreement is subject to disclosure under FOIA, Public Act 442 of
1976, as amended. -
Section 16 - CONFORMITYWITH STATE LAW
This aareement shall be subject to and interpreted in accordance with
the substantive law of the State of Michigan.
Section 17 - REPRODUCTION AND USE OF.MATERIALS •
The STATE is granted permission in perpetuity to reproduce and distri-
bute any copyright and other materials that are generated as a result of
this agreement.
Section 18 CONFIDENTIALITY OF INFORMATION
The CONTRACTOR shall comply with MDOC Policy Directive PD-DWA-01.22 .
Compliance By Consultants and Contractual Personnel With the Department's.
Regulation Concerning Confidentiality of Information, and PD-OgA-25.01 -
_Research Involving Corrections Facilities or Clients.
AGREEMENT BETWEEN MDOC and OAKLAND COUNTY Page 6
Section 19 - ADMINISTRATORS OF AGREEMENT
_ The principle contacts for matters relating to this agreement shall be -
as follows:
_Michael E. Steely, Coordinator
Community Alternative Programs
3222 S. Logan/Logan Square
Lansing, MI 48913
(517) 887-7975
John C. Whetstone
Chief Probation Officer _
Circuit Court Probation -
1200 N. Telegraph Road
First Floor, North Office Building
Pontiac, MI 43053
(313) 858-0307
However, it is expressly acreed and understood that these contact per-
sons shall have no authority to legally bind the CSNTRACTOR and tne STATE
unless expressly stated herein.
OAKLAND COUNTY MICHIGAN DEPARTMENT OF CORRECTIONS
Riona.rd. R. viicox
Chairperson
Board of Commissioners
AGREEMENT BETWEEN MDOC and OAKLAND COUNTY Page 7
In witness whereof, the STATE and the CONTRACTOR have caused this
agreement to be executed by their respective officers duly authorized to do
so.
)
\,\ , Cy .,... \
,
- —.....,„,---r, lo-6 --S-C
Date/ Alvin L. Whitfield Date
Deputy Director
Bureau of Administrative _Services
. 3222 South Logan
Lansing, Michigan 48913
(Signature of Witness) Date (Signature of Witness) Date
(Note:_ The only persons authorized to -execute a contract for the
Department of Corrections are the Director and the Deputy Director of the
Bureau of Administrative Services.)
FOR INTERNAL USE ONLY
Enter -the account number and cost center to which this contract -will be
charged:
110-47-2208 6005
Account Number Cost Center
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION 86224 August 7, 1986
BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD CONTROL AT
MICHIGAN RENAISSANCE FESTIVAL - 1986 SEASON
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Michigan Renaissance Festival, the operator of a summer
theatre facility by the same name, has requested the Oakland County Sheriff's
Department to supply patrol officers for crowd control within the theatre
grounds for the upcoming 1986 season; and
WHEREAS, the Sheriff's Department has agreed to supply such patrol
officers on an availability overtime hourly basis, the number of man-hours
to be determined by the Sheriff's Department; and
WHEREAS, the County of Oakland shall be reimbursed for such services
by the Michigan Renaissance Festival at the hourly overtime rate of $27.18
for the 1986 season, as was established by Miscellaneous Resolution #86039,
NOW, THEREFORE, BE IT RESOLVED, that the Oakland County Board
of Commissioners approve the execution of the attached contract consistent
with provisions contained therein.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
REFERENCE:
Oakland County Board of Commissioners
Miscellaneous Resolution #
Date:
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation hereinafter called "County", and MICHIGAN
RENAISSANCE FESTIVAL, hereinafter called "Michigan Renaissance Festival."
WHEREAS, Michigan Renaissance Festival is the operator of a summer
facility in Holly Township; and
WHEREAS, all or certain of the performances may require crowd control
within the theatre grounds; and
WHEREAS, Michigan Renaissance Festival desires to utilize that number
of deputies at various times at the discretion of the Sheriff's Department;
and
WHEREAS, Michigan Renaissance Festival agrees to notify the County
in advance of its requirements for deputies and pay the sum of $27.18
per hours, per deputy worked including court tine, to the County, said
sum to be paid monthly; and
WHEREAS, the County agrees that it shall furnish deputies from
the Oakland County Sheriff's Department and such equipment as shall be
determined necessary for crowd control within the theatre grounds during
the 1986 theatre season.
NOW THEREFORE, for and in consideration of the mutual promises
of the parties hereto, it is agreed as follows:
1. During the 1986 season at Michigan Renaissance Festival, for
each theatre performance, the County shall provide Sheriff's Deputies as
set forth above, to provide for the reasonable control and maintenance
of order within the theatre grounds.
2. The County shall bill Michigan Renaissance Festival, whose address
is: Michigan Renaissance Festival, 700 East Maple, Birmingham, Michigan
48011, for such services on a monthly basis at the end of each month beginning
August 30, 1986, and Michigan Renaissance Festival shall pay such bill
fifteen (15) days after billing. Interest of one percent (1%) each month
shall be paid on any outstanding balance from and after due date until
paid.
3. County shall comply with all laws, ordinances, rates, regulations
and orders, or any public authority, bearing on the performance of the
work to be performed by the County.
4. County shall be responsible for all the acts and omissions of
its deputies which it acknowledges and agrees are in the status of independent
contractors and not to employees or agents as to Michigan Renaissance Festival.
5. County shall indemnify and hold harmless Michigan Renaissance
Festival and its principals, agents and employees, from and against all
claims, suits, damages, losses and expenses whatsoever, including attorney&
fees, arising out of or resulting from the performance of its deputies' work
on the theatre grounds pursuant to the terms of this Agreement.
6. County agrees to pay all taxes in connection with the work of
its deputies pursuant to this Agreement and to provide and pay for all
Workman's Compensation, hospitalization and other related employee benefits
of its deputies.
7. This Agreement shall terminate at the end of the 1986 season
or at any time that Michigan Renaissance Festival shall be in default.
IN WITNESS THEREOF, the parties hereto have set their hands
the day and date first above written.
WITNESSES: COUNTY OF OAKLAND, A MICHIGAN
CONSTITUTIONAL CORPORATION
BY:
Richard R. Wilcox, Chairperson
Board of Commissioners
MICHIGAN RENAISSANCE FESTIVAL
BY:
David Pearson, Owner
8. The Provisions of the foregoing Agreement are concurred in
by:
Daniel T. Murphy,
Oakland County Executive .
John F. Nichols,
Oakland County Sheriff
#86224 August 7, 1986
Moved by Lanni supported by Webb the resolution be adopted.
AYES: Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni,
McConnell, McDonald, Moffitt, Nelson, Olsen, Perinoff, Pernick 3. Price,
Rewold, Rowland, Skarritt, Webb, Wilcox, Clandro, Doyon, Fortino. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
$TATE OF MICHIGAN)_
COUNTY OF OAKLAND)
I-, Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on August 7, 1986
with the original record thereof now remaining in my , office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan
this 7th day of August 1986
/17
Lynn/0. Allen, CodnYy C
RegYster of Deeds
1