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HomeMy WebLinkAboutResolutions - 1982.07.01 - 13856Chairperson Miscellaneous Resolution No, 82147 May 20, 1982 PUBLIC SERVICES COMMITTEE - James E. Lanni, Chairperson IN RE: SOUTHFIELD DETENTION FACILITY AGREEMENT RENEWAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8852 dated 3/22/79, authorized an agreement between the City of Southfield and the County of Oakland wherein the County would operate Southfield's 36 cell Detention Facility in the City of Southfield's Safety Building; and WHEREAS the Oakland County Board of Commissioners subsequently amended the agreement by Miscellaneous Resolution #9250 dated 1/10/80; and WHEREAS the current agreement is due to terminate on June 30, 1982; and WHEREAS it is in the mutual interest of the City of Southfield and the County of Oakland to renew the agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis- sioners authorizes the renewal of the Southfield Detention Facility agreement consistent with the attached agreement and budget and reimbursement schedules. BE IT FURTHER RESOLVED that Oakland County Sheriff prepare written quarterly progress reports on inmate population and characteristics which are to be presented to the Public Services Committee. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTE PUBLIC SERVICES COMMITTEE July 1, 1982 REPORT BY Public Services Committee - James E, Lanni, Chairperson In re: Misc. Res, #82147, Southfield Detention Facility Agreement Renewal To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Misc. Res. #82147, Southfield Detention Facility Agreement Renewal, reports with the recommendation that the resolution be adopted with the following amendments: Section 1, page 2 of the Agreement, add new paragraph H. as follows H. To hold the County of Oakland harmless from any and all liabilities, obligations, damages, claims, costs, charges, losses and expenses (including without limitation, fees and expenses of attorneys, expert witnesses and other consultants) which may be imposed upon, incurred by or asserted against the County by reason of any negligent or tortious act, error or omission of the City of Southfield, its agents or employees, Section 11, page 3 of the Agreement, add new paragraphs J. and K. as follows: J. To hold the City of Southfield ha rr-,1 es 5 from any and a 11 1 iabi lit ies, obligations, damages, claims, costs, charges, losses and expenses (including without limitation, fees and expenses of attorneys, expert witnesses and other consultants) which may be imposed upon, incurred by or asserted against the City by reason of any negligent or tortious act, error or omission of the County and its agents or employees caus n9 : 1, Injury to prisoners within their care and custody; and 2. Damage to the facility itself, K, To not discriminate against an employee or applicant for employ- ment with respect to hire, tenure, terms, conditions or privileges of employment because of religion, race, color, national origin, age, sex, height, weight, marital status or handicap that is un- related to the individual's ability to perform the duties of the assign- ments or positions provided hereunder, in accordance with the United States Constitution and all federal legislation and regulations govern- ing fair employment practices and equal employment opportunity in- cluding, but not limited to, Title VI of the Civil Rights Act of 1965 (P.A. 88-352, 78 Stat, 252) and United States Department of Justice Regulations (28 CFR Part, 42) issued pursuant to that title; and in accordance with the Michigan Constitution and all State laws and regulations governing fair employment practices and equal employment opportunity including, but not limited to the Michigan Civil Rights Act (P.A. 7976, No, 453) and the Michigan Handicappers Civil Rights Act (P,A, 1976, No. 22). Breach of the terms and conditions of this paragraph may be regarded as a material breach of the contract, Mr. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report, SOUTHFIELD DETENTION FACILITY AGREEMENT THIS AGREEMENT, made arid entered into this day of 1982, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called OAKLAND, and the CITY OF SOUTHFIELD, a Michigan Municipal Corporation, hereinafter called SOUTH FIELD WHEREAS, Southfield and Oakland are interested in entering into a contractual arrangement for the purpose of operating a thirty-six (36) cell detention facility which has been constructed and is located in and connected to the Southfield Public Safety Building; and WHEREAS, Oakland presently operates a major detention facility at the Oakland County Service Center and has long-time experience in the operation of such facilities; and WHEREAS, the parties hereto find it to be in the best interest of Jaw enforcement services and the efficient carrying out of governmental functions to cooperate in this endeavor; NOW, THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows: SOUTHFIELD AGREES: A. To maintain the detention facility, which includes 36 single cells and two temporary holding cells, to meet existing State of Michigan Department of Corrections specifications in effect as of the date of the opening of the facility and certification as a jail. B. To furnish all maintenance and custodial services, including rubbish and - trash removal, for the facility and provide and pay for all utilities including heat, air conditioning, power and water. 9 . ... ..„ ... . . C, To purchase, install, and maintain communications equipment (except external telephone service) and electronic sursJeillance equipment reasonably necessary for prisoner security and protection. D, To install and maintain all necessary outside building signs, E. To provide fire d extended cover age d public liability, and operty. da m age insurance policies covering the leased premises except as provided for in Article II, H, hereof. F. To contract with the County. of Oakland and reimburse the County for the cost of ten OW detention personnel to work at said facility who shall be employees of the County of ()Wand and working under the supervision of the Oakland County Sheriff or his designee. The County shall bill the City monthly consistent with the attached. schedule. G. To make available to the facility and its inmates it library service and • - such other similar available resources or services which may be helpful in • carrying out a prisoner rehabilitation program,: • U. OAKLAND AGREESz . A. To be responsible for the day to day operation of the facility with the responsibility for inmate care and security. B. To provide the necessary supervisory personnel_ to include five (5) Sergeants-Corrections, together with such other personnel as may be necessary for the safe and orderly operation of the facility. C. To provide a rehabilitation program and such other services as may be required by the Michigan Department of Correction. . D. To provide and assume the cost for all food, clothing, bedding, medical services, and other inmate care that may be required. E. To house and maintain a monthly average of a maximum of nine (9) prisoners daily from Southfield at no cost to the City of Southfield. F. To charge, or assume all costs, for prisoner care at the same daily rate as at the Oakland County Jail for prisoners from other communities or prisoners from the City of Southfield that exceed 9 in number as provided • for under Article II, E, hereof. G. To provide and maintain such signs within the facility as may be necessary for its operation. 2 H. To prOvide liability insurance coverage and such other insurance protection for the operation of the facility as is comparable to that which is maintained for the Oakland County jail, except as provided in Article I, E, hereof. i. That prisoners who are considered by the City to constitute a severe. security risk will not be housed at the Southfield Detention facility, BOTH PARTIES AGREE: A. That the facility is to be known as Southfield Detention facility. B. That the facility will be used principally for female prisoners, C. That they will work together cooperatively to assure the security of the facility including protected ingress and egress of prisoners and activities related to prisoner visitation, D. That the Oakland County Sheriff or his designate is responsible for the operation of the detention facility and supervision of personnel assigned to the detention facility, in cooperation with the Southfield Police - Department which shall have overall responsibility for the Public Safety E. That revenues generated for prisoner care will be credited to Oakland County, subject to Article II, Sections E and F, hereof, F. That a coordinating committee shall be established to meet as often as may be desirable, to establish such additional policies and procedures as may be necessary for the efficient and orderly operation of the facility. Said Committee shall be comprised of the Oakland County Sheriff, the Director of Public Safety, and the Chief of Police of the City of Southfield, and a representative from the Southfield Building Authority. Other persons may be designated to assist the committee upon request, as appropriate to the committee's work. G. That the term of this Agreement shall commence July 1, 1982, and shall remain in full force and effect until June 30, 1983, unless cancelled as provided for under Article III, H, hereof. 3 CITY OF SOUTHFIELD, a Michigan Corpor ation WITNESS: L.82,. personally appeared H.•This Agreement may ho cancelled by formal action by the policy re ek ing body of either party upon the giving of ninety (90) days writtc.,_n notice thereof, by certified mail, to the Oakland County Clerk, if cancelled by Southfield, or to the Southfield City Clerk, it cancelled by Oakland County, WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Richard R. Wilcox, Chairperson Oal<land County Board of Commissioners annes F. Spreen, Sheri By: Donald F. FT-acassi„ Mayor By: Patrick G. Flannery, Clerk STATE OF MICHIGAN ) COUNTY OF OAKLAND) On this day of • and did say that he is the Chairman of the Oakland County Board of Commissioners and as such has affixed his signature to the foregoing Agreement, and that said instrument was signed on behalf of said County of Oakland, by authority of its Miscellaneous Resolution No dated , and he acknowledged said instrument to be the free act and deed of said County of Oakland. Notary Public Oakland County, Michigan My Commission Expires: _ 4 STATE OF MICHIGAN - ) ) COUNTY OF OAKLAND) On this day of 1982, before me, a Notary Public in and for said County, personally appeared DONALD F. FRAcAs.sI and PATRICK G. FLANNERY, to me personally known, 'Who being by ire duly sworn, did each for himself say that he is the Mayor and Clerk, respectively, of the CITY OF SOUTHFIELD, a Michigan Municipal Corporation, the corporation named in and which executed the within. instrument, and that said instrument, was signed and sealed in behalf of said corporation. by authority of its City Council, and said DONALD F FRACASSI and PATRICK G„ FLANNERY acknowledged said instrument to be the free act and deed of said municipal corporation, Notary f576blii: -- Oakland County, Michigan My Commission Expires:. 5 82147 July 1, 1982 1st day of July T98 2 EN County Clerk/Register of Deeds Moved by Lanni supported by Calandro that Resolution #82147 be adopted. AYES: Lanni, Moffitt, Montante, Moore, Olsen, Page, Patterson, Perinoff, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandro, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Jackson. (23) NAYS: Hobart. (1) A sufficient majority having voted therefor, Resolution #82147 was adopted, STATE 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 #8214 7 adopted by the Oakland County Board of Commissioners at their meeting held on July 1, 1982 with the orginial 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