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HomeMy WebLinkAboutResolutions - 2018.09.05 - 23766MISCELLANEOUS RESOLUTION #18311 September 5, 2018 BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee IN RE: PROSECUTING ATTORNEY — CONTINUATION OF THE LAW ENFORCEMENT TRAINING AGREEMENT WITH OAKLAND 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 Police Academy, a service of Oakland Community College; and WHEREAS the educational services include legal training for basic police academy students and advanced training for in-service police officers from area police agencies; and WHEREAS the Oakland County Prosecutor's Office and Oakland Community College have agreed to enter into another contract to continue the provision of these services from July 1, 2018 through June 30, 2019; 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 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 Community College Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. ornfiiissKn9eBilli'Dwyer, District #14 Chairpersbn, Public Services Committee PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Spisz absent. ADR REVIEW SIGN OFF — Prosecutor's Office RESOLUTION TITLE: Prosecuting Attorney — Continuation of the Law Enforcement Training Agreement with Oakland Community College DEPARTMENT CONTACT PERSON: Jason Pernick — Main: 248-858-0656 DATE: 8/17/2018 DEPARTMENT REVIEW Corporation Counsel: Approved — Bradley Benn (8/6/2018) Department of Human Resources: Approved (No Committee) — Heather Mason (8/6/2018) Department of Management and Budget: Approved — Lynn Sonkiss (8/17/2018) . OAKLAND COMMUNITY COLLEGE0 Date: April 17, 2018 To: Jessica Cooper, Oakland County Prosecutor Oakland County Prosecutor's Office 1200 N. Telegraph Road Pontiac, Michigan Oakland Police Academy Advanced Training Phone 248.232.4220 Basic Training Phone 248.232.4222 Fax 248.232.4225 Projected Legal Training Dates for July 1, 2018 through June 30, 2019 Following are projected classes and basic dates for instruction provided by the Oakland County Prosecutor's Office for the Oakland Police Academy. This MOA is based on the rate of $40.00 an hour, July —Dec 2018 Jan —June 2019 Basic Police Academy (63 hrs) Basic Police Academy (63 hrs) Aug 15 - Dec 14, 2018 Feb 18 -June 14, 2019 Search Warrant Law (8 hrs) Domestic Violence — Dispatch (2 hrs) Oct 5, 2018 Date TBA Domestic Violence — Dispatch (2 hrs) Adv, Police Legal Class (8 hrs) Nov 6, 2018 Date! Topic —TBA Basic Reserve Academy (8 hrs) Date - TBA 73 hours x $40.00 (an hour) $2,920.00 Total for FY 2018-19 is $5460,00 Sincerely, David F. Ceci, Director Law Enforcement Training Oakland Police Academy (248) 232-4224 dfceci@oaklandcc.edu 81 hours x $40.00 (an hour) = $3, 240.00 Auburn Hills Campus • 2900 Featherstone Road • Auburn Hills /Al 48326-2845 Oakland County Prosecutor's Office 1200 N. Telegraph Road Pontiac MI 48341 Proposal: Advanced Police In-Service Legal Training —July 1, 2018 —June 30, 2019 Dates: Various dates during fiscal year July 01, 2018 - June 30, 2019 Hours: Not to exceed 48 hours during fiscal year Cost: $40.00 per hour Name: Jessica Cooper, Oakland County Prosecutor Oakland County_Prosecutor's Office 1200 N. Telegraph Road Pontiac, MI 48341 (248)858-0656 Contact Person: APA Jason Pernick, Director of Training Phone Number: (248) 858-5556 Tax ID Number: 38-6004876w July Dec 2018 Jan — June 2019 Search Warrant Law (8 firs) Advanced Police Class (8 hrs) October 5,2018 Date/Topic TBA Domestic Violence-Dispatch (2 lars) Domestic Violence-Dispatch (2 lu-s) November 6, 2018 Spring 2019 — Date TBA Basic Reserve Police Academy (8 hrs) Date TBA Other Seminar Requirements: Classroom with aN equipment Brief Statement of the seminar: These classes will instruct officers/dispatchers on legal issues and updates in addition to providing support information to detectives pertaining to search warrants, confessions and domestic violence. Signature Date: Oakland County Prosecutor's Office 1200 N. Telegraph Road Pontiac MI 48341 Proposal: Basic Police Academy - Legal Classes July 1, 2018-June 30, 2019 Dates: Session 2018-2, various dates between August 15 & December 14,2018 Session 2019-1, various dates between February 18 & June 14, 2019 Hours: 63 hours per academy session Cost: $40.00 per hour Name: Jessica Cooper, Oakland County Prosecutor Address: Oakland County Prosecutor's Office 1200 Telegraph Road Pontiac, MI 48341 Phone: (248) 858-0656 Contact Person: APA Jason Pemick, Director of Training Phone Number: (248) 858-5556 Tax ID Number: 38-6004876W Equipment Requirements: Power Point, Projector & Connection Equipment Minimum Number of Attendees: 1 Maximum Number of Attendees: 50 Replacement Instructor: Various Prosecuting Attorneys Other Seminar Requirements: Brief Statement of the seminar: This class will meet the requirements of the Michigan Commission on Law Enforcement Standards as they pertain to the law classes. Signature Date: AUX 73 10/17 page 1 al 5 OAKLAND COMMUNITY COLLEGE,' Memorandum of Agreement (MOA) MEMORANDUM OF AGREEMENT between OAKLAND COMMUNITY COLLEGE and: Oakland County . This Agreement is made by and between the Board of Trustees of Oakland Community College (OCC), a nonprofit constitutional corporation, ("College"), and Oakland County ("Company"), acting as an independent agent and not as an employee of the College, w no-business address is 1200 N. Telegraph Pontiac, Ml 48341 to furnish certain items/services as described in Company's proposal dated __July 1, 2018 . The following shall be observed: 1. 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 The Oakland County Prosecutor's Office will Provide legal advisor training for Basic Police Academy recruits and Advanced Police Training to licensed police officers from area police agencies. ov.com . ....... Name David F. Ceci, Director - Law Enforcement Training Phone (248) 232-4224 Email pernickj©oakg 4. PERIOD OF SERVICE AND TERMINATION The u ,J une 30, 2019 , except as e period of service shall be from ly1, 2018 through .2J 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. 3. REPORTING In performing services under this Agreement, Company shall report to Department Oakland Police Academy Campus Auburn Hills Vendor Name •Oakland County Prosecutor's Office Phone ) (248 858-5556 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 $ _$6,160,00 as indicated in Company's proposal dated July 1,2018 AUX 73 1 OM Memorandum of Agreement (M0A) pane 2 GI'S 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. III 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 Dpdyke 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. 1111 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 Corn pany'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 for Company or its agencies, or officers and employees as provided by statute or modified by court decisions. AUX 73 15/17 Memorandum of Agreement (MOA) page 3 of 5 11, SMOKING POLICY Smoking is strictly prohibited on all College-owned or leased properties (including but not limited to campus grounds, parking areas, athletic fields, offices, classrooms, hallways, waiting rooms, restrooms, lunchrooms, elevators, meeting rooms and all community areas). This policy applies to all employees, vendors, contractors, students and the public and encompasses smoking and other use of tobacco products including, but not limited to, cigarettes, cigars, pipes, chewing tobacco, snuff and electronic cigarettes. All employees and students share in the responsibility for adhering to and supporting this policy. Employees or students who violate this policy will be subject to the disciplinary actions associated with infraction of College rules. 12. INSURANCE POLICY The Company must maintain insurance or self insurance that will protect it from claims that may arisefrom the Company's actions under this contract. AUX 73 13/17 Memorandum of Agreement (M0A) page .4 of 13. USE OF THE COLLEGE NAME AND MARKS Company shall not use the name of the College or any of its service marks, trademarks or trade names 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 of interest 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 PL 101.507 and 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 of 1976. 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 mall addressed as follows; To the College: Roberta Remias, Interim Vice Chancellor Administrative Services Oakland Community College 2480 Opdyke Road Bloomfield Hills, MI 48304-2266 AUX 73 10(7 Memorandum of Agreement (MOA) page 5 of To Company: Oakland County Prosecutor's Office , Jessica Cooper, Oakland County Prosecutor 1200 N. Telegraph Road Pontiac, MI 48341 248) 858-0656 or to such other addressee as may be later designated by written notice, All such notices shall be effective ority-wfren received-by-the addressee. b. This Agreement and proposal dated July 1,2018 and the 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 th IsAgreement are severable such that if a ny term or provision is declared by a court ofcompetent 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. r. 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. By Sarah Rowley, Director Purchasing and Auxiliary Services Date For By Printed name Title Date 38-6004876w Federal Employer Identification Number FISCAL NOTE (MISC. #18311) September 5, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: PROSECUTING ATTORNEY — CONTINUATION OF THE LAW ENFORCEMENT TRAINING AGREEMENT WITH OAKLAND COMMUNITY COLLEGE 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. Resolution authorizes the Memorandum of Understanding (MOU) for the Prosecutor's Office to provide legal advisor training for the Oakland Community College (OCC) Police Academy. 2. Training is for OCC's Police Academy recruits and licensed police officers. 3. The amount of reimbursement is $6,160. 4. The MOU period is July 1, 2018 through June 30, 2019. 5. A budget amendment is not required. <1- 4 Commissioner Thomas Middleton, Chairperson, Finance Committee 'strict #4 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Resolution #18311 September 5, 2018 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Kochenderfer, KowaII, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 1 HERM' APPROVe THIS FlesOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.659A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 5, 2018, 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 5th day of September, 2018. Lisa Brown, Oakland County