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HomeMy WebLinkAboutResolutions - 2015.11.12 - 22083MISCELLANEOUS RESOLUTION #15284 November 12, 2015 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: PROSECUTING ATTORNEY - CONTINUATION OF THE LAW ENFORCEMENT TRAINING AGREEMENT WITH OAKLAND COUNTY COMMUNITY COLLEGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Prosecutor's Office has historically provided educational services to the Oakland County Police Academy; and WHEREAS the educational services include legal advisor training for basic police academy students and advanced police training to licensed police officers from area police agencies; and WHEREAS the Oakland County Prosecutor's Office and Oakland County Community College have agreed to enter into another contract to continue the provision of these services for the period of July 1, 2015 through June 30, 2016; and WHEREAS the attached Memorandum of Agreement has been reviewed by Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Police Academy Training Agreement with the Oakland County Community College. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that this contract will take effect upon execution of the agreement by both the County of Oakland and Oakland County Community College. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. MEMORANDUM OF AGREEMENT between OAKLAND COMMUNITY COLLEGE and OAKLAND COUNTY This Agreement is made between the Board of Trustees of Oakland Community College, a non- profit constitutional corporation ("College"), and OAKLAND COUNTY PROSECUTOR'S OFFICE ("Company"), acting as an independent agent and not as an employee of the College, whose business address is 1200 N. TELEGRAPH PONTIAC, MI 48341, to furnish certain items/services as described in Company's proposal dated JULY 1, 2015 The following shall be observed: DESCRIPTION OF WORK TO BE PROVIDED Company agrees to perform the professional services described in this Agreement to the satisfaction of the College and with the standard of professional care and skill customarily provided in the performance of such services. 2. SCOPE OF WORK TO BE PROVIDED Prosecutor's Office to provide legal advisor training for basic police academy students and advanced police training to licensed police officers from area police agencies. 3. REPORTING In performing services under this Agreement, Company shall report to Name: Oakland Police Academy Phone: 248-232-4220 Department: Public Services/CREST Campus: Auburn Hills 4. PERIOD OF SERVICE AND TERMINATION The period of service shall be from July 1, 2015 through June 30, 2016, except as otherwise agreed to in writing by OCC. Either party may terminate this agreement at any time with forty- five (45) days prior written notice. This Agreement can be terminated for breach of any of the terms and conditions of the referenced documents of this Agreement if such breach is not cured within ten business (10) days after receiving written notice of the breach. 5. FEES AND OTHER COSTS The College will pay fees to the Company for services performed under this Agreement as follows: a. Professional services fee is not to exceed $7,120.00 as indicated in Company's proposal dated July 1, 2015. b. Travel expenses must be itemized separately; actual and reasonable expenses according to College policy relating to travel expenses will be reimbursed with Company's invoice. Expenses of this nature, if any, are included in the total fee identified above. X Please check this box if expenses will be included in the total fee identified above. c. Payment will be made thirty (30) days after receipt of an invoice from Company to Oakland Community College, Accounts Payable, 2480 Opdyke Road, Bloomfield Hills, MI 48304-2266. d. All reimbursable expenses, such as supplies, photography, communication expenses and reproduction are not to exceed 10% of the total Consulting fee and shall be billed at cost. Expenses of this nature, if any, are included in the total fee identified above. OX Please check this box if expenses will be included in the total fee identified above, 6. TAXES The fees, expenses and costs payable under this Agreement include all applicable taxes and shall not be changed as the result of the Company's failure to include any applicable tax, or as a result of any change in the Company's tax liabilities. 7. AUDIT RIGHTS For a period of at least three years following the date particular services are provided to the College under this Agreement, Company to maintain accounting records necessary to verify the basis for all charges billed to the College hereunder. College will have the right to request submission of such records upon at least seven (7) days prior written notice. Each party will bear its own costs and expenses in connection with such audit. 8. ASSIGNMENT Company may not assign or transfer this Agreement or any interest or claim under this Agreement without prior written approval from an authorized representative of the College. 9. INDEPENDENT CONTRACTOR STATUS It is expressly understood that Company is an independent contractor and not the agent, partner, or employee of the College. Company and Company's workers are not employees of the College and are not entitled to tax withholding, Workers' Compensation, unemployment compensation, or any employee benefits, statutory or otherwise. Company shall not have any authority to enter into any Contract or Agreement to bind the College and shall not represent to anyone that Company has such authority. 10. INDEMNIFICATION Except as provided by law neither College nor Company shall be obligated to the other or indemnify the other for any third party claims demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations under this Contract, nothing herein shall be construed as a waiver of any governmental immunity of Company or its agencies, or officers and employees as provided by statute or modified by court decisions. 11. SMOKING POLICY As of September 1, 2012, smoking is prohibited on all OCC properties which include, but are not limited to, campus grounds, parking areas and athletic fields. The policy applies to all employees, vendors, contractors, students and the public. It encompasses tobacco products including, but not limited to, cigarettes, cigars, pipes, chewing tobacco, and snuff. This policy does not apply to "electronic cigarettes." Strict compliance with this policy is required of all contractors and vendors contracting with Oakland Community College. Contractors and vendors are responsible for notifying their employees of this policy prior to beginning work on any OCC property and will be required to enforce the policy among their employees. 12. INSURANCE The Company must maintain insurance or self insurance that will protect it from claims that may arise from the Company's actions under this contract. 13. USE OF THE COLLEGE NAME AND MARKS Company shall not use of the name of the College or any of its service marks, trademarks or tradenames without the prior written permission of an authorized representative of the College. 14. CONFLICT OF INTEREST Company affirms that to the best of its knowledge, there exists no actual or potential conflict between Company and College, and its services under this Agreement, and in the event of change in either its private interests or service under this Agreement, Company will inform the College regarding possible conflict of interest which may arise as a result of such change. Company also affirms that there exists no actual or potential conflict between a College employee (permanent or temporary) and Company. 15. AFFIRMATIVE ACTION Company certifies that it is an equal opportunity employer and that, during the performance of this contract, it will comply with Federal Executive Order 11246, as amended, The Rehabilitation Act of 1973, as amended, and the respective regulations thereunder, and the Michigan Civil Rights Act of1976. 16. GENERAL PROVISIONS a. Any notice to either party must be in writing signed by the party giving it, and shall be served either personally or by registered or certified mail addressed as follows: To the College: Peter Provenzano, Vice Chancellor Administrative Services Oakland Community College 2480 Opdyke Road Bloomfield Hills, MI 48304 To Company: Oakland County Prosecutor's Office APA John Slevin, Director of Training 1200 N. Telegraph Road Pontiac, MI 48341 or to such other addressee as may be later designated by written notice. All such notices shall be effective only when received by the addressee. b. This Agreement and the annual purchase order constitutes the entire understanding between the parties with respect to the subject matter and may not be amended except by an Agreement signed by Company and an authorized representative of the College. c. The terms of this Agreement are severable such that if any term or provision is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable. d. This Agreement shall be governed by and construed under the laws of the State of Michigan. Any claims, demands, or actions asserted against the College shall be brought in the Michigan Court of Claims. Company consents to the jurisdiction of the Oakland County Circuit Court for the State of Michigan with respect to any claims arising under this agreement. e. The paragraph headings in this Agreement are inserted for convenience only and shall not be construed to limit or modify the scope of any provision of this agreement. f. The delay or failure of either party to exercise any of its rights under this Agreement for a breach shall not be deemed to be a waiver of such rights, nor shall the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise. For The BOARD OF TRUSTEES OF OAKLAND COMMUNITY COLLEGE By: Sarah Rowley, Interim Director Purchasing and Auxiliary Services Date: For By: Printed Name: Title: Date: Federal employer Identification Number: 38 -6004876w Resolution #15284 November 12, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections.