Loading...
HomeMy WebLinkAboutResolutions - 1995.05.11 - 24554LIC SERVICES COMMITTEE cf_6_01tA MISCELLANEOUS RESOLUTION #95144 May 11, 1995 BY: Public Services Committee, Lawrence A. Obrecht, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT FOR HOUSING INMATES AT MACOMB COUNTY SHERIFF'S DEPARTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS due to expansion of the inmate population at the Oakland County Correctional Facilities it is necessary to house inmates at out County locations; and WHEREAS Macomb County has offered to house inmates at their facility on an "as needed basis" for the amount of $35.00 per day;and WHEREAS Oakland County has agreed to reimburse Macomb County for such services as prescribed in the attached agreement between the County of Macomb and the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement between the County of Macomb and the County of Oakland and authorizes Chairperson of the Board of Commissioners to execute the said agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. AGREEMENT BETWEEN COUNTY OF MACOMB and OAKLAND COUNTY/OAKLAND COUNTY SHERIFF DEPARTMENT THIS AGREEMENT, made and entered into this day of 1995, by and between the COUNTY OF MACOMB, hereinafter referred to as "MACOMB" and COUNTY OF OAKLAND AND/OR OAKLAND COUNTY SHERIFF DEPARTMENT, hereinafter referred to as " OAKLAND_". IN CONSIDERATION of the mutual promises, covenants and representations contained herein, the parties hereto agree as follows: SECTION ONE STATEMENT OF PURPOSE OAKLAND desires to temporarily lodge pre-trial and convicted male and female prisoners in the Macomb County Jail on an "as needed" basis. SECTION TWO STATEMENT OF WORK MACOMB agrees to undertake, perform and complete the following in accordance with the terms and conditions of this Agreement: 1. WHEREAS, it is understood that MACOMB accept any out-of-county inmates, and or his designee reserves the right to male/female inmate. is under no obligation to the Macomb County Sheriff refuse to accept any 2. MACOMB agrees to release said inmates to law when served with a Writ of Habeas Corpus. 3. MACOMB agrees to release said inmates to law to OAKLAND . enforcement officers enforcement officers For the purposes of this Agreement, OAKLAND_ agrees to provide the following: 1. OAKLAND will provide MACOMB with information about special problems prisoners may have which would impact on their treatment, including medical information. 2. OAKLAND agrees to remove from the MaccotlypoxInty Jail, within 48 hours, any prisoner requested to be remiiTed by the Sheriff or his designee. PZ: 8t1 Z- A 1:1 i Page One of Four Pages oNi 3. OAKLAND agrees that all inmates confined in the Macomb County Jail will be subject to the rules and regulations of the Macomb County Jail, including all policies, procedures and privileges as outlined in the Macomb County Jail Inmate Guide. 4. All transportation arrangements to and from the Macomb County Jail shall be the responsibility of OAKLAND . 5. The posting of bonds and payment of fines and/or costs are to be handled completely OAKLAND . SECTION THREE SUPPORT AND MEDICAL SERVICES MACOMB agrees to provide OAKLAND prisoners with the same level of medical care and services provided its inmates, including the trans- portation and security for prisoners requiring removal from the jail for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by OAKLAND . OAKLAND will reimburse MACOMB for cost of medication provided to its inmates. Whenever an OAKLAND inmate requires treatment outside the jail, OAKLAND will be notified immediately. MACOMB's deputies shall guard said prisoner(s) up to eight (8) hours until relieved by OAKLAND deputies. Should OAKLAND fail to relieve MACOMB deputies within eight (8) hours, OAKLAND shall be responsible for triple the costs of such MACOMB deputy for any period in excess of eight (8) hours. Any costs for guarding and for inmate confinement to a hospital shall be reimbursed by OAKLAND within sixty (60) days of receipt of an invoice for same. It is also understood that the inmate will be removed from the Macomb County Jail should there be need for non-emergency medical treatment outside the County of Macomb. Notification regarding the above matters will be to _Ann Russell (810) 858-5419 or Beeper (810) 339-8124 . SECTION FOUR PERIOD OF PERFORMANCE This Agreement shall be in effect indefinitely until terminated in writing by either OAKLAND or the Macomb County Sheriff. Should conditions of an unusual nature occur, making it practical and desirable to discontinue to house prisoners, Macomb County Sheriff may suspend and restrict the use of the facility by giving written notice to OAKLAND . The use of said facility for the housing of inmates shall be subject to the discretion of the Macomb County Sheriff, keeping in mind that the availability of any and all jail space shall be afforded first to inmates committed to the Macomb County Jail by District and Circuit Court Judges of Macomb County. • SECTION FIVE PER DIEM RATE/BILLING OAKLAND shall pay to MACOMB $35.00 per day for each OAKLAND inmate. The $35.00 per day rate applies to every day, whether partial or full, that an inmate is at the Macomb County Jail. OAKLAND will be invoiced for the housing of said inmates and all other costs as set forth in this Agreement, such as medical expenses and guarding of inmates, every 30 days. OAKLAND will promptly pay any and all invoices within sixty (60) days of receipt of same. Failure to make timely payments may necessitate termination of this Agreement. SECTION SIX All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of MACOMB under this contract shall be the responsibility of MACOMB and not the responsibility of OAKLAND , if the liability, loss or damage is caused by, or arises out of, the actions or failure to act on the part of MACOMB, any subcontractor or anyone directly or indirectly employed by MACOMB, provided that nothing herein shall be construed as a waiver of any governmental immunity MACOMB has as provided by stature or modified by court decisions. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of OAKLAND under this contract shall be the responsibility of OAKLAND , and not the responsibility of MACOMB, if the liability, loss or damage is caused by, or arises out of, the actions or failure to act on the part of OAKLAND , any subcontractor or anyone directly or indirectly employed by OAKLAND , provided that nothing herein shall be construed as a waiver of any governmental immunity OAKLAND has as provided by statute or modified by court decisions. SECTION SEVEN This Agreement neither creates nor intends that any provision or promise in this Agreement shall inure, either directly or indirectly, to the benefit of any person or party other than MACOMB or OAKLAND , as defined herein. This effective OAKLAND . Contracts amended. Agreement, and any subsequent amendments, shall not become prior to approval by the Macomb County Board of Commissioners and This Agreement is formed under the Michigan Intergovernmental Between Municipal Corporations Act, Public Act 1951, No. 35 as Page Three of Four Pages Dated: 7 2 Mark A. Steeilbergh, Macomb Cou9ty Board airman f Commissioners Page Three of Four Pages This Agreement, consisting of four (4) pages, sets forth the entire Agreement between MACOMB and OAKLAND with regard to providing any OAKLAND prisoner housing in the Macomb County Jail and fully supersedes any and all prior agreements or understandings between the parties in any way related to the subject matter hereof. It is further understood and agreed that the terms of this Agreement are contractual and are not a mere recital and that there are no other agreements, understandings or representations between MACOMB and OAKLAND in any way related to the subject hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only in writing pursuant to the duly authorized acts of both MACOMB and OAKLAND. COUNTY OF OAKLAND AND/OR OAKLAND COUNTY SHERIFF DEPARTMENT COUNTY OF MACOMB William H. Hackel Macomb County Sheriff Page Four of Four Pages Resolution #95144 May 11, 1995 Moved by Obrecht supported by Huntoon the resolution be adopted. AYES: Taub, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McPherson, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 May 11, 1995 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 11th day of May 1225. D. Allen, County Clerk 'L