Loading...
HomeMy WebLinkAboutResolutions - 2005.05.26 - 27937MISCELLANEOUS RESOLUTION #05098 May 12, 2005 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE-SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT FOR 2005/2006/200712008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8852 dated March 22, 1979, authorized an agreement between the City of Southfield and the County of Oakland wherein the County would operate Southfield's Detention Facility in the City of Southfield's safety building; and WHEREAS the Board of Commissioners approved the most recent agreement by Miscellaneous Resolution #98068 dated April 2, 1998, which terminated on June 30, 2002; and WHEREAS representatives of the City of Southfield and the County have tentatively agreed upon a multi-year contract beginning February 1. 2005 and extending to June 30, 2008; and WHEREAS this agreement includes flat fee payments by the City of Southfield in the amount of $37,641.83 per month through June 30, 2005, $465,251 for the period July 1, 2005 through June 30, 2006, $479,211 for the period July I, 2006 through June 30, 2007 and $493,587 for the period July 1, 2007 through June 30, 2008; and WHEREAS the proposed agreement has been approved in accordance with the County Executive's review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the City of Southfield for the operation of the Southfield Detention Facility and authorizes the Chairperson of the Board of Commissioners to execute the said agreement. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE A„,L Public Services Committee Vote: Motion carried on a roll call vote with Kowall absent. SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT February 1, 2006 - June 30, 2008 This SOUTHFIELD DETENTION FACILITY — 2005 - 2008 JOINT OPERATING AGREEMENT (hereafter "Agreement") is made and entered into between the CITY OF SOUTHFIELD, a Michigan Constitutional and Municipal Corporation, whose address is 26000 Evergreen Road, Southfield, Michigan 48076 (hereafter the "CITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). The COUNTY is also represented in this Agreement by the OAKLAND COUNTY SHERIFF, MICHAEL J. BOUCHARD, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). Reference to the SHERIFF in this Agreement can be either as SHERIFF or the OAKLAND COUNTY SHERIFF'S DEPARTMENT as abbreviated the 0.C.S.D. INTRODUCTORY STATEMENTS A. The CITY maintains and owns the Southfield Public Safety Building in the CITY's complex of public buildings in Southfield. Within and connected to its Public Safety Building the CITY maintains and has available thirty-six detention cells, and two segregation cells, commonly known as the "Southfield Detention Facility" (hereafter "Facility"). B. As used in this Agreement the term "Facility" shall mean the fifth floor of the Public Safety Building that houses the thirty-six detention cells, and two segregation cells commonly known as the "Southfield Detention Facility" as well as the sally-port in the basement/garage area, the stairs and elevator leading up to the cell-block area, the entrance to the fifth floor cell-block area, other areas necessary to access the Facility, and related office facilities and accommodations reasonably required by 0.C.S.D. personnel as necessary for the safe and orderly operation of the Facility. C. As used in this Agreement the term "Premises" shall mean the Public Safety Building and the areas in that Building that are necessarily used in conjunction with the Facility, such as parking garage, common areas, etc. B. The 0.C.S.D. presently operates the Oakland County Jail and numerous satellite jail operations and has considerable experience in detention operations. C. For the past several years, the CITY and the COUNTY and the 0.C.S.D. have contracted to have the 0.C.S.D. operate the Facility and the City to maintain the Facility for the purpose of housing prisoners of the CITY and the 0.C.S.D. The CITY, the COUNTY, and the 0.C.S.D. all find that continuing in the joint endeavor contemplated in this Agreement to be in each of its best interests and in the interest of providing efficient law enforcement services. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 1 D. The Parties agree that during the term of this Agreement the Facility will be used by the County and the 0.C.S.D., to house pre-arraignment prisoners of the City, local municipalities, and the Michigan State Police. NOW, THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Agreement, it is mutually agreed as follows: 1. The COUNTY and the 0.C.S.D. agree, subject to the terms of this Agreement, to operate the Facility in the following manner: a. To provide such 0.C.S.D. personnel as reasonably necessary to supervise and control prisoners housed in the Facility in accord with all applicable federal and state laws, rules and regulations in order to prevent and/or minimize any injury to prisoners under 0.C.S.D. care and custody and/or damage to the Facility. b. To be responsible for the day-to-day care and security for prisoners housed in the Facility. c. To house pre-arraignment prisoners of the City and to house inmates and other persons placed into the custody of the 0.C.S.D. d. Except as expressly provided for in this Agreement, there shall be no charge to the CITY for any prisoner received into the 0.C.S.D.'s custody at the Facility who was arrested by a CITY AGENT (i.e. a police officer or other law enforcement official representing the city, e.g. N.E.T and DEA). The 0.C.S.D. shall receive and book into the Facility, as required by applicable law, any person arrested and presented by any CITY AGENT except that the 0.C.S.D. reserves the absolute right to reject any prisoner for admittance into the Facility who, in the 0.C.S.D.'s sole, reasonable opinion, requires immediate medical attention, or who, in the sole, reasonable opinion of the 0.C.S.D., is otherwise unsuitable because of behavior or special needs, for confinement in the Facility.Those City prisoners who are refused admittance to the Facility by the 0.C.S.D. for medical reasons, mental health reasons, or behavioral reasons, will be transported by City Agents to an emergency or other appropriate facility for treatment or evaluation and clearance, before being accepted into the Facility at a later time or date at the reasonable discretion of the 0.C.S.D. e. To provide, at the COUNTY'S and the 0.C.S.D.'s sole cost and expense, all food, clothing, bedding, medical services, library services through the Oakland County Library Board, and other inmate programs that may be required by the Michigan Department of Corrections for prisoners accepted into the Facility. f. To charge or otherwise assume all costs for prisoner care while such prisoners are in the Facility at the same daily rate as prisoners may be charged at the Oakland County Jail and that any revenues generated for prisoner care will be credited solely to the benefit of the 0.C.S.D. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 2 Upon a request to the SHERIFF, if the CITY can show to the reasonable satisfaction of the SHERIFF that a particular inmate should not continue to be housed in the Facility, the SHERIFF agrees to remove that inmate from the Facility within 24 hours, or if such inmate has not yet been arraigned then within 24 hours following arraignment. h. To provide and maintain such signs within the facility as may be necessary for its operation. To purchase, install and maintain, at its sole expense, any necessary communications equipment and electronic surveillance equipment, including digital color video recording surveillance and monitoring equipment of the inmate cell blocks, and common areas for the protection of prisoners and staff at the Facility. The COUNTY and/or the 0.C.S.D. will remove this equipment at the termination of this Agreement; provided, however, any damage to the Facility resulting from the removal of such equipment shall be repaired by the County and/or the 0.C.S.C., at their sole expense. 2. The CITY agrees, subject to the terms of this Agreement: a. To provide and hereby grant onto the 0.C.S.D. a License over and upon the Premises and Facility, including the areas necessary to access the Facility, for the purpose of operating the Facility and further that: i. During the term of this License, the 0.C.S.D. shall be authorized to limit access to the Facility to any persons by any reasonable means necessary to insure the security and safety of the Facility. However, access shall be made available to CITY, or its AGENTS, as defined herein, to fulfill any CITY obligations under this Agreement and/or upon the CITY'S showing of necessity for entry. ii. During the term of the License, CITY agrees to provide 0.C.S.D. reasonable access and easement rights for any necessary utilities, ingress and egress to the Facility and the Premises, and contiguous parking spaces for 0.C.S.D. vehicles as required for the safe and effective operation of the Facility through the CITY'S contiguous property. iii. This grant of License shall terminate upon the termination or expiration of this Agreement as provided herein. b. To be responsible, at its sole cost and expense, for the maintenance of the Premises and Facility and the areas necessary to access the Facility, in conformity with state and federal law, as well as State of Michigan Department of Corrections specifications, for the operation and certification of the Facility. As used in this paragraph, "maintenance" includes: any necessary repairs, improvements, installation and maintenance of all necessary security locks and devices and fire safety devices and precautions, reconstruction, equipment renovation, custodial services, including rubbish and trash removal, for the Facility, and also includes the provision of all utilities required to operate the Facility, including but not limited to heat, air conditioning, power, internal (not external) telephone service, and water, all at no cost to the 0.C.S.D or the COUNTY. This maintenance must be completed within a reasonable time after notice of any SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 3 g. defects or problems. In the event maintenance is not performed within a reasonable time after notice, the County may take whatever steps it deems necessary to correct said defect or problem and be entitled to receive the actual cost of performing this maintenance operation. The CITY shall provide, at no cost to the 0.C.S.D., all equipment necessary for any "Intake and Booking" function. Any claims made by any person, inmate, detainee, staff, or visitor, or any person whomsoever, arising out of or attributable to the City's responsibility for the condition of the Premises and/or the Facility will be the sole responsibility of the City, and the City will defend, and hold harmless the COUNTY and the 0.C.S.D. during any periods that the 0.C.S.D. has operated the Facility, and pay any judgement(s) without economic or other assistance from the County or the 0.C.S.D. c. To install and maintain all necessary outside building signs and make available to Facility inmates Southfield's library services and such other similar CITY resources or services which may be helpful in prisoner rehabilitation efforts. d. To provide adequate locker and office space commensurate with the amount of personnel employed considering the amount of locker space that is needed to hold all of those items reasonably expected to be used or carried by jail personnel; including but not limited to uniforms, shoes, hats, athletic equipment and police paraphernalia necessary for 0.C.S.D. personnel providing that there is sufficient locker space available beyond that which is necessary for City police personnel. Office space provided shall be sufficient enough to operate the FACILITY considering the personnel and office equipment necessary to carry out the operation. e. To provide, at the County's expense, Emergency Medical Services and transportation services to and on behalf of the County in the event that it becomes necessary to transport an inmate of the FACILITY to a hospital or other facility for emergency medical care. The City will bill the County on a monthly basis for Emergency Medical Services and transport services in the same manner and at the rates as the City bills non resident, private citizens for Emergency Medical Services and transport services. The County will pay the City's invoice for such services within thirty (30) days of the County's receipt of same. In the event the County shall neglect or refuse to pay any such invoice within such thirty days, the City will have the right to deduct any sums not paid by the County on the next monthly payment due the County by the City for City prisoner care pursuant to Section 2 f hereof. f. To pay to the COUNTY the following amounts for CITY prisoner care: From the effective date of this Agreement (February 1, 2005) through June 30, 2005, the CITY will pay to the COUNTY a monthly amount of Thirty-seven Thousand Six Hundred Forty-one Dollars and 83/100 ($37,641.83), which amount shall be paid to the COUNTY each and every month, and any part of any month (prorated on the basis of a 30 calendar days/month), that this Agreement is in effect until June 30, 2005. This amount is based upon a yearly rate of Four Hundred Fifty One Thousand Seven Hundred Two Dollars ($451,702). Except as otherwise provided herein, each monthly installment shall be paid to the COUNTY on or before the 15th day of the month for which the monthly payment is due and SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 4 owing. The COUNTY shall invoice the CITY on or about the beginning of each month showing any amounts due that month, as well as any past due amounts; however, the receipt of any invoice shall not be a condition precedent to the CITY'S payment obligation. The CITY further agrees that the annual amounts and the monthly payments for the remainder of the Agreement shall be as follows (subject to any termination of this Agreement pursuant to Section 3.a): Annual Amount: Monthly Payments: 200512006(7-1-05 to 6-30-06) $465,251 $38,770.92 2006/2007(7-1-06 to 6-30-07) $479,211 $39,935.08 2007/2008(7-1-07 to 6-30-08) $493,587 $41,132.27 Should the City default in its obligation to timely pay the County the amounts required under this Agreement, the City agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the City) the State of Michigan is authorized to withhold any funds due the City from the State, and assign those funds to partially or completely offset any deficiency by the City to the County. Such funds shall be paid directly to the County. Further, the City waives any claims against the State or County, or their respective officials, for any such amounts paid to the County in accordance herewith. Should the City default in its obligation to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the City from the Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the City in the possession of the County, to partially or completely offset any deficiency by the City, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the City to the County. Further, the City waives any claims against the County, or its officials, for any such amounts paid to the County in accordance herewith. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the City for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, in the event and as the City becomes delinquent in its payments hereunder. 3. The CITY, the COUNTY, and the 0.C.S.D. mutually agree: a. That subject to the following Paragraph, the term of this Agreement shall cover the period beginning February 1, 2005, and shall remain in effect continuously until it expires without any further act or notice being required of any party at 11:59:59 p.m. on June 30, 2008. This Agreement may be canceled by the CITY, the COUNTY, or the SHERIFF for any reason and at any time, without any penalty, costs, damages, or liability to the CITY, the COUNTY, or the 0.C.S.D., upon the giving of Ninety (90) days written notice thereof, by certified mail addressed to the Oakland County Clerk, if canceled by the CITY, or addressed to the Southfield City Clerk, if canceled by either the COUNTY and/or the SHERIFF. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 5 b. That this Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY • Council and shall also be filed with the offices of the Clerk for the COUNTY and the Clerk for the CITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D. and shall not become effective or implemented prior to its filing with the Secretary of State. c. That they will work together cooperatively to assure the securiV of the Facility, including protected ingress and egress of prisoners and activities related to prisoner visitation. d. To not illegally discriminate against any employee or applicant for employment with the CITY or 0.C.S.D. contrary to any applicable provisions in the federal or state constitutions or any applicable state statute. e. That the CITY, the COUNTY, and the 0.C.S.D. agree that none of their respective AGENTS (as defined in this Agreement), either as a result of this Agreement, or arising out of any act(s) by any person in the performance of any duty under this Agreement, shall be considered or asserted to be an employee or AGENT of the other. The CITY, the COUNTY, and the 0.C.S.D. agree that they shall be solely and completely liable for any and all of their respective AGENT'S past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any CITY, COUNTY, or 0.C.S.D. AGENTS' employment status or any alleged violation of any CITY, COUNTY, or 0.C.S.D. AGENTS' statutory, contractual, or constitutional rights by their respective employer. f. Subject to Section 3.i. hereof, the CITY agrees to pay any and all CLAIM(S), as defined herein, which are imposed upon, incurred by, or asserted against the COUNTY or its AGENTS by any person, visitors, attorneys, press persons, and, any current or former prisoner, inmate, or other person arrested and presented to the Facility by any City Agent, or such persons successors and assigns, and which Claims are based upon, result from, or arise from, an error or alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY AGENT, whether or not such a person or inmate makes any claims, concurrent or otherwise, against the County and/or any County Agent. Any person arrested and/or presented by the City or any City Agent to the Facility, and who is denied admittance to the Facility by the 0.C.S.D. for the reasons set forth in Paragraph 1.d. of this Agreement shall be considered as remaining in the sole custody of the City (unless and until admitted at a later time or date with the concurrence of the 0.C.S.D.) and the City shall be solely responsible for any Claims brought against the City and/or the County by said person, and the City will be solely SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 6 liable for paying all costs associated with the Claim, unless and until such person is admitted at a later time or date into the Facility. Subject to Section 3.1. hereof, the COUNTY agrees to pay all CLAIM(S), as defined herein, which are imposed upon, incurred by, or asserted against the CITY or its AGENTS by any person, including visitors, attorneys, press persons, and any current or former prisoner or inmate who was accepted into the Facility, or such person's successors and assigns, and which CLAIMS are based upon, result from, or arise from, an error or alleged error, mistake, negligent or intentional act(s) or omission(s) by the COUNTY and/or any COUNTY AGENT, whether or not such a person or inmate makes any claims, concurrent or otherwise, against the CITY and/or any CITY Agent. h. Neither the CITY nor the COUNTY shall be required or obligated to defend or indemnify, and/or hold the other or any of the other's AGENTS harmless for: a) any criminal investigation, criminal charges, criminal prosecution or criminal proceeding, or pay any costs, expenses, attorney fees, fines, damages, or liabilities of any kind whatsoever which are incurred in or result from any criminal investigation or prosecution: or b) any CLAIM(S) which may be brought against the CITY by, or on behalf of, any CITY AGENT or any CLAIM(S) which may be brought against the COUNTY by, or on behalf of, any COUNTY AGENT. i. The CITY and the COUNTY agree that in the event liability to third parties arises as a result of activities of both the CITY and the COUNTY, such liability, loss, or damage shall be borne by the parties in relation to each parties responsibility for such loss or damage as decided by a court of competent jurisdiction, or as agreed to by the parties. That for all purposes, and as used throughout this Agreement: "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, grievances, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount or any other liabilities of any kind whatsoever whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. "AGENT" or "AGENTS", whenever used as referring to either AGENTS of either the COUNTY or the CITY shall be defined to include any and all of either party's officers, elected officials (the SHERIFF is also herein defined as an AGENT of the COUNTY), appointed official, directors, board members, council members, commissioners, authorities, authority board members, boards, committees, commissions, employees (including any law enforcement officers), managers, departments, divisions, volunteers, contractors, agents, representatives, and/or any such person's successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 7 g. concert with any of them. "AGENT" or "AGENTS" shall also include any person who was an AGENT of either the COUNTY or the CITY at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in their previous capacity. That all CITY, COUNTY, and 0.C.S.D. promises as expressly set forth herein, to be responsible for their own acts, including waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this Agreement with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. k. The SHERIFF, the CITY, and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental law enforcement services, within their respective jurisdictions, and this Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the CITY, the SHERIFF and/or the COUNTY. I. The CITY and the 0.C.S.D. agree that this Agreement does not, and is not intended to limit, modify, control, or otherwise affect in any manner the SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which in any way governs or controls any activity or the performance of any duty by any SHERIFF'S AGENT, this includes, but it is not limited to, policies established to limit jail population,subject to the obligation of 0.C.S.D to receive and book into the facility any person arrested and presented by any City Agent pursuant to Section 1(c) hereof. The City and the 0.C.S.D. further agree to monitor detainment practices of non-assaultive misdemeanor arrests to ensure appropriate bonds and appropriate book and release practices for optimum utilization of secure bed space. m. The CITY agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY or the 0.C.S.D. any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership or maintenance of the Facility. n. Except as expressly provided herein for the benefit of the CITY, the COUNTY, or the 0.C.S.D., this Agreement does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 8 o. The CITY, the COUNTY, and the 0.C.S.D. each warrant that they have reviewed all of their current or proposed employment, labor and/or union contracts with any and all persons who are or may be affected by this Agreement, and each hereby warrants that it presently does not have, and does not anticipate, during the term of this Agreement, that they will have any employment, labor and/or union contracts that will in any manner restrict, interfere with, or prohibit the CITY or the COUNTY from complying with their respective obligations and duties as set forth in this Agreement. p. The CITY, the COUNTY, and the 0.C.S.D. shall promptly deliver to the other written notice and/or copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that either becomes aware of which involves in any way the CITY or 0.C.S.D, or any of their AGENTS. The CITY, the COUNTY, and the 0.C.S.D. agree to cooperate with each other in any investigation conducted into any act(s) or work performance of their respective AGENTS. 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 is intended to and, in all cases, shall be construed as a whole according to its fair meaning and not construed strictly for or against any party. As used in this Agreement, any use of the singular or plural number, any reference to the male, female, or neuter gender(s), possessive or non-possessive shall also be deemed to include the appropriate other whenever the context so suggests or requires. r. Absent an express written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this Agreement, except as such waiver is controlled by a Statues of Limitations. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege, except as controlled by a Statute of Limitations. s. The COUNTY, the 0,C.S.D., and the CITY acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. t. This Agreement, consisting of a total of ten (10) pages, sets forth the entire Agreement for joint operation of the Facility between the COUNTY, the 0.C.S.D. and the CITY and fully supersedes any and all other agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the COUNTY, the 0.C.S.D. and the CITY in any way related to the subject matter hereof, except as expressly stated herein. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 9 q. 4, For and in consideration of the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the 0.C.S.D. and the CITY hereby agree and promise to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, BRENDA L. LAWRENCE, Mayor, and NANCY L. M. BANKS, City Clerk, for the CITY, hereby acknowledges that they has been authorized by a resolution of the CITY COUNCIL (a certified copy of which is attached) to execute this Agreement on behalf of CITY OF SOUTHFIELD, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the CITY OF SOUTHFIELD to the terms and conditions of this Agreement on this day of , 2005. WITNESSES: CITY OF SOUTHFIELD, a Michigan Municipal Corporation By: BRENDA L. LAWRENCE Mayor, City of Southfield And By: NANCY L. M. BANKS Clerk, City of Southfield IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this day of , 2005. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: BILL BULLARD, JR. Chairperson, Board of Commissioners IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer, hereby accepts and binds the Office of the OAKLAND COUNTY SHERIFF to the terms and conditions of this Agreement on this day of , 2005. SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 10 WITNESS: By: MICHAEL J. BOUCHARD, Oakland County Sheriff Final Version 4-25-05.doc SOUTHFIELD DETENTION FACILITY FINAL OPERATING AGREEMENT 2005-2008 Page 11 FISCAL NOTE (MISC. #05098) May 26, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S OFFICE- SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT FOR 2005/2006/2007/2008 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. Contract renewal rates for the Southfield Detention Facility Operating Agreement have been proposed for the period February 1, 2005 through June 30, 2008. 2. The proposed rates will generate $465,251 for the period July 1, 2005 through June 30, 2006, $479,211 for the period July 1, 2006 through June 30, 2007 and $493,587 for the period July 1, 2007 through June 30, 2008. 3. The proposed rates will result in a reduction of $39,411 in revenue for the balance of FY2005. Sufficient expenditure favorability exists within the Corrective Services-Satellites Division to absorb the reduction. The FY2006 and FY2007 Executive Recommendation will include the proposed rates. 4. An amendment is recommended to the FY 2005 budget as follows: FY 2005 Revenue 43-013401-21500-0985 Expenditures 43-023401-21200-4036 Special Deputies ($ 39,411) ($ 39,411) Custodial Supplies ($ 39,411) ($ 39,411) FINANCE COMMITTEE cf( FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Melton, Crawford and Woodward absent. Resolution #05098 May 12, 2005 The Chairperson referred the resolution to the Finance Committee. There were no objections. Ruth Johnson, County Clerk Resolution #05098 May 26, 2005 Moved by Long supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (19) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I NEP ?RIME THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 26, 2005 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 26th day of May, 2005.