Loading...
HomeMy WebLinkAboutResolutions - 1989.10.12 - 1714240 October 3, 1989 MISCELLANEOUS RESOLUTION 1 89265 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN,JR., CHAIRPERSON IN RE: SHERIFF DEPARTMENT - CONTRACT FOR HOUSING PRISONERS AT OAKLAND COUNTY JAIL FACILITIES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Wayne County and Oakland County have, through their agents, negotiated and prepared the attached AGREEMENT which provides for Housing Wayne County Prisoners at Oakland County Jail Facilities; and WHEREAS, the Board of Commissioners of Wayne County and Oakland County have reviewed the attached AGREEMENT; and WHEREAS, the Boards of Commissioners of Wayne County and Oakland County acknowledges that it is in the mutual best interest of both Counties, under the present circumstances, to enter into this Agreement. NOW THEREFORE BE IT RESOLVED that the attached Agreement Housing Wayne County Prisoners at Oakland County Jail Facilities be approved and that the designated County elected official(s) be authorized to execute this Agreement on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Resolution #89265 October 12, 1989 12th day of if ) -1;Spber 1_9 89 ALLEN County Clerk/Register of Deeds Moved by Moffitt supported by Pappageorge the resolution be adopted. Discussion followed. AYES: McConnell, Moffitt, Pappageorge, Pernick,Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, Law. (19) NAYS: McPherson, Oaks. (2) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn 0. Allen, Clerk of the County of Oakland Michigan, do hereby certify that 1 have compared the annexed copy of the attached Miscellaneous which was adopted by the Oakland County Board of Commissioners at their Regular Board Meeting held on October 12, 1989 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, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this AGRE EM ENT HOUSING WAYNE COUNTY PRISONERS AT OAKLAND COUNTY JAIL FACILITIES This Agreement, made this day of 1989, by and between the County of Wayne, a Michigan Charter County and Constitutional Corporation, whose address is 600 Randolph Street, Detroit, Michigan, 48226 (hereinafter, "Wayne County"), and the County of Oakland, a Michig an Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48053 (hereinafter, "Oakland County"). WITNESS ET WHEREAS, Wayne County does not at the present time, have sufficient jail space to adequately meet its present jail space needs for Wayne County prisoners, and, in particular, sentenced, male, municipal ordinance violators; and WHEREAS, Oakland County as a result of a recent jail expansion program has, at least temporarily, jail capacity in excess of its present needs; and WHEREAS, Wayne County officials are familiar with the Oakland County Jail facilities, systems, policies, and procedures and find same suitable for housing a portion of their present and/or future jail population; and WHEREAS, the purpose of this Agreement is to address, in part, Wayne County's immediate jail space needs by housing and maintaining up to thirty-two (32) Wayne County, sentenced, male, municipal ordinance violators in the Oakland County Jail; Now therefore, in consideration of these premises and the covenants, terms and conditions contained herein, it is mutually agreed as follows: 1. Oakland County agrees to reserve thirty-two (32) jail beds for placement of Wayne County prisoners and shall receive up to •this number (32) of Wayne County prisoners for incarceration in the Oakland County Jail in accordance with the terms and conditions of this Agreement. -1- 2. Oakland County shall further provide, to Wayne County p risoners it houses and maintains, the same level of 3outine care, supervision, support services, and 3 outine health services, ie., those health care s ervices which are now routinely provided for within the Oakland County Jail by Oakland County employees or agent s, (th e above housing, care and services hereinafter collectively referred to as "routine incarceration") that Oakland County provides for its o wn prisoners, in accordance with the terms and conditions of this Agreement. 3. As consideration for Oakland County's reservation of thirty-two (32) jail beds and corresponding routine incarceration of up to thirty-two (32) Wayne County prisoners under this Agreement, Wayne County agrees to pay Oakland County, at the rate of Fifty-five ($55.00) Dollars, per day, during 1989 and at the rate of Fifty-Seven and Thirty-three One Hundredths ($57.33) Dollars, per day, during 1990, for each and every of the thirty-two (32) Oakland Jail beds reserved for the routine incarceration of Wayne County prisoners. The above, per day, per bed, amounts shall be paid to Oakland County without regard to whether, or not, the actual number of Wayne County prisoners routinely .incarcerated at the Oakland County Jail under this Agreement is less than thirty-two (32), except, only, that in order to provide for a period of operational transition (ie., start-up and wind-down) Wayne County shall pay, at the above rates, per day, only for such Oakland County jail beds as are actually occupied during the fifteen (15) days immediately after this Agreement is first made effective and the fifteen (15) days immediately before this Agreement is terminated, as provided for herein. 4. In ad dition to the costs for routine incarceration described in the preceding paragraph, Wayne County agrees to reimburse Oakland County for: a. Any and all medical, dental, hospital, optometric, psychiatric or other health or hospital related services and/or expenses incurred by Oakland County on behalf of any Wayne County prisoner which, in the judgement of the Oakland County Sheriff or his agents, could not be routinely provided f or in existing Oakland County Jail Infirm ary facilities provided, however, that, except in emergency situations, such services, and expenses are approved, in advance, by Wayne County Jail Administration. -2- b. Any an d all staff expenses (including salaries, fringe benefits, over-time, etc.), incurred by Oakland County in providing for security and/or custody outside of the Oakland County Jail for Wayne County prisoners while such prisoners are transported, examined, hospitalized or otherwise remain at any health related facility. C. Any and all costs, beyond normal wear and m aintenance, f or any repairs and/or replacement of any equipment, property, f acility, and/or fixture damaged by any Wayne County prisoner under the control of t he Oakland County Sheriff per this Agreement. d. Any and all actual costs incurred by Oakland County in the performance of any obligation or undertaking either involving an d/or on behalf of any Wayne County p risoner which is not otherwise specifically addressed or expressly provided for in this Agreement. 5. Wayne County shall transfer only such Wayne County prisoners to the Oakland County Jail who are: a. Sentenced Male Municipal Ordinance Violators. b. Medically Screened - which is defined as and requires documentation of a verbal inquiry and visual observation of inmate's physical and mental condition, and health assessment conducted by a qualified health care professional. c. Medically Cleared - which is defined as not posing a serious health care problem or requiring on-going treatment. 6. Wayne County agrees that no Wayne County prisoner shall be transferred to Oakland County who has any known history of, or is known to presently have, any acute medical, surgical, psychiatric, or dental illnesses, or has any serious chronic and/or contagious medical disease(s). -3- 7. Oakland County, in the sole discretion and opinion of the Oakland County Sheriff, specifically reserves the right to refuse to accept and/or to return to the Wayne County Jail at any time after acceptance any Wayne County prisoner: who cannot be safely managed or maintained, whose medical or related problems creates an unacceptable burden, or whose routine incarceration in the Oakland County Jail is inconsistent with the term s of this Agreement. Wayne County specifically agrees to immediately accept any Wayne County prisoner that the Oakland County Sheriff either refuses to accept or determines, in his sole discretion, shall be returned to Wayne County custody. Wayne County shall be solely responsible for the transportation of any and all Wayne County prisoners to and from the Oakland County Jail for any and all purposes associated with any Wayne County prisoner's incarceration. Indigent Wayne County prisoners scheduled for immediate release may instead, at Wayne County's sole expense, be provided with a one-way, bus ticket to downtown Detroit. Wayne County agrees to transfer and transport Wayne County prisoners, for their initial incarceration at the Oakland County Jail, only on two (2) weekdays per week and only on such two (2) weekdays per week that are most convenient to Oakland County. 9. Wayne County shall furnish to Oakland County, either prior to or concurrent with the arrival of any Wayne County prisoner, any and all documentation, records, or court orders that Oakland County may require. 10. Wayne County shall be exclusively and entirely 3 esponsible for the collection, crediting and/or 3 eceipt of all bonds, fines, court costs, etc on behalf of any Wayne County prisoner. W ayne County shall be exclusively and solely 3esponsible f or timely, accurate, and appropriate communication to the Oakland County Sheriff of any and all court orders and/or other events which would affect, in any w ay, any Wayne County prisoner's incarceration in the Oakland County Jail. As used in this paragraph "appropriate communication" means a written communication transmitted by tele-copier (telephone facsimile) to the Oakland County Sheriff. 12. This Agreement shall terminate, without any further act by, or notice to, any party being required, at 12:00 11. -4- o'clock, noon, on December 31, 1990. This Agreement can also be terminated, for any reason, by either party upon thirty (30) days written notice to the other. Wayne County agrees to make timely arrangements for the transfer and return of all Wayne County prisoners to the Wayne County Jail 'prior to the termination of this Agreement. 13. Oakland County will invoice Wayne County monthly for amounts due and payable under this Agreement. Wayne County shall pay, the entire amount invoiced within the forty-five (45) days after the date of such invoice. 14. Wayne County agrees, to the extent permitted by law, to d efend, save, indemnify and, in all regards, hold O akland County, its elected officials, appointed officials, agents, employees, Sheriff's Deputies, servants, administrators, and all other persons acting on behalf of Oakland County, harmless from any and all liabilities, obligations, suits, damages, claims or demands asserted against or incurred by Oakland County which arise out of or are, in any manner, connected to Oakland County's undertakings under this Agreement. W ayne County, however, shall not be obligated to indemnify Oakland County for any actual damages awarded to any third party(s), by judgment or order of any court of competent jurisdiction, which were proximately caused by and solely and specifically attributed to the errors or omissions and/or negligence of Oakland County or any of its officers or employees. Each party agrees to promptly notify the other upon receipt of any such claim or demand from any third party. 15. Absent an express written waiver, the failure of Oakland County to pursue or exercise any right under this Agreement shall not be deemed a waiver of those rights. 16. This Agreement 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 Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly construed for or against any of the parties. Wayne County agrees and acknowledges that no rights, nor any portion thereof, granted under this Agreement, may be assigned or transferred by it. OAKLAND COUNTY CORPORATtON COUNSEL -5- 17. This Agreement, consisting of seven (7) pages, sets forth the entire Agreement between the parties and completely supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter hereof. It is further understood and acknowledged that the terms of this Agreement are contractual and not a mere recital and that there are no other agreements, understandings, or representations between the parties except as expressly stated herein. This Agreement shall not be changed, modified, or supplemented orally. 8. This Agreement shall not be effective nor shall any transfer of prisoners or funds be made until fifteen (15) days after this Agreement has been approved by concurrent resolutions of the governing bodies of Wayne County and Oakland County and until this Agreement has been duly executed by each of the parties. In addition, this Agreement shall not be effective before it has been filed in the minutes of both Wayne and Oakland Counties Board of Commissioners and with the Clerk of each County. -6-- Date: Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. Wayne County Commission Approved and Execution Authorized by: Resolution No. Dated: Oakland County Board of Commissioners Approved and Execution Authorized By: Resolution No. Dated: COUNTY OF W AYNE COUNTY OF OAKLAND By: By: Edward H. McNamara Roy Rewold, Chairperson, Wayne County Executive Board of Commissioners Date: Date: CONCURRENCE: CONCURRENCE: By: By: Robert A. Ficano John F. Nichols Wayne County Sheriff Oakland County Sheriff ALSO APPROVED: By: Daniel T. Murphy Oakland County Executive Date -7-