HomeMy WebLinkAboutResolutions - 2020.04.29 - 33129MISCELLANEOUS RESOLUTION #20116 April 29, 2020
BY: Commissioner David T. Woodward, Chairperson, Emergency Operations and Oversight 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, 2019 through June 30,
2020; and
WHEREAS Oakland County will be reimbursed for services, not to exceed $7,040; 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.
BE IT FURTHER RESOLVED a budget amendment is not required as the associated expenditures and
revenue are included in the existing FY 2020 budget.
Chairperson, on behalf of the Emergency Operations and Oversight Committee, I move the adoption of
the foregoing resolution.
Commissioner David T. Woodward, District #19
Chairperson, Emergency Operations and
Oversight Committee
EMERGENCY OPERATIONS AND OVERSIGHT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OAKLAND COMMUNITY COLLEGEa
Oakland Police Academy
Advanced Training Phone (248) 232-4220
Basic Training Phone (248) 232-4222
Fax (248) 232-4225
Date: July 1, 2019
To: Jessica Cooper, Oakland County Prosecutor
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, Michigan
Projected Legal Training Dates for July 1, 2019 through June 30, 2020
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 2019
Basic Police Academy (66 hrs)
Aug 12 - Dec 12, 2019
Advanced Police Legal Class (8 hrs)
Date / Topic To Be Announced
Domestic Violence — Dispatch (2 hrs)
Nov 20, 2019
Pistol Instructor School (4 hrs)
Dec 2-6, 2019
Basic Reserve Academy (8 hrs)
Aug 29 — Dec 6, 2019
88 hours x $40.00 (an hour) = $3,520.00
Total for FY 2019-20 is $7,040.00
Sincerely,
.D,A F �
David F. Ceci, Dean of Public Services
Director of Law Enforcement Training
Oakland Police Academy
(248)232-4224
dfceci@oaklandcc.edu
Jan—June 2020
Basic Police Academy (66 hrs)
Feb 6 - June S, 2020
Advanced Police Legal Class (8 hrs)
Date / Topic To Be Announced
Domestic Violence—Dispatch (2 hrs)
Date To Be Announced
Pistol Instructor School (4 hrs)
Date To Be Announced
Basic Reserve Academy (8 hrs)
Date To Be Announced
88 hours x $40.00 (an hour) = $3, 520.00
Auburn Hills Campus - 2900 Featherstone Road • Auburn Hills MI 48326-2845
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OAKLAND COMMUNITY cC.�LttiCrci Memorandum of Agreement (MOA) page age 1 of 5
MEMORANDUM OF AGREEMENT between OAKLAND COMMUNITY COLLEGE and:
Oakland Countv
ThisAgreement is made by and between the Board of Trustees of Oakland Community College (OCC), a nonprofit
constitutional corporation, ("College"), and Oakland Countv
("Company'), acting as an independent agent and not as an employee of the College, whose business address is
1200 N. Telegraph Road, Pontiac, MI 48341
to furnish certain items/services as described in Company's proposal dated July 1. 2019
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.
3. REPORTING
In performing services under this Agreement, Company shall report to
Name David F. Ceci Phone (248) 232-4224
Department Director of Law Enforcement Trainina / Oakland Police Academv
Campus Auburn Hills
Vendor Name Oakland Countv Prosecutor's Office Phone 248.858.5556 Email Dernicki(c).oakaov.com
4. PERIOD OF SERVICE AND TERMINATION
The period of service shalt be from July 1. 2019 through June 30. 2020 , except as
otherwise agreed to in writing by OCC. Either party may terminate this Agreement at any time with forty-five
(45) days priorwritten notice. ThisAgreement 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.
S. 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 $ 7,040.00 as indicated in Company's proposal dated
July 1, 2019
AUX 73 10118
Memorandum of Agreement (MOA) ... 2.f5
a 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.
b. 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.
a 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.
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 judgements arising out of activities to be carried out pursuant
to the obligations under this Contract. Nothing herein shall be construed as a waiver of governmental
immunity for Company or its agencies, officers, or employees, as provided by statute or modified by court
decisions.
Aux73 10118
Memorandum of Agreement (MOA) page 3015
11. SMOKING POLICY
Smoking is strictly prohibited on all College -owned or leased properties (including but not limited to campus
grounds, parking areas, athleticfields, offices, classrooms, hallways, waiting rooms, restrooms, lunchrooms,
elevators, meeting rooms and all community areas). This policy appliesto 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
Commercial General and Umbrella Liability Insurance. The Company must maintain insurance or self-
insurance that will protect it from claims that may arise from the Company's actions.
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.
16. 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 noticeto either party must be in writing, signed bythe party giving it, and shal I be served either personally
or by registered or certified mail addressed as follows:
To the College:
Roberta Remias, Vice Chancellor of Administrative Services
Oakland Community College
2480 Opdyke Road
Bloomfield Hills, MI 48304-2266
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Memorandum of Agreement (MOA) rx9s 4°f5
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
only when received by the addressee.
b. This Agreement and proposal dated July 1. 2019 constitutes the entire
understanding between the parties with respectto 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.
By Sarah Rowley, Director
Purchasing and Auxiliary Services
Date
For
By
Printed name
Title
Date
Federal Employer Identification Number 38-6004876W
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac MI 48341
Proposal: Basic Police Academy - Legal Classes July I, 2019 -June 30, 2020
Dates: Session 2019-2, various dales between August 12 & December 12, 2019
Session 2020-1, various dates between February 6 & June 5, 2020
Hours: 66 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 Pernick, 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 set forth by The
Michigan Commission on Law Enforcement Standards (MCOLES) pertaining to the
law classes for recruits in the Basic Police Academy.
Signature Date:
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac MI 48341
Proposal. Advanced Police In -Service Legal Training — July 1, 2019 — June 30, 2020
Dates: Various dates during fiscal year July 01, 2019 - June 30, 2020
Hours: 44 hours during Fiscal Year 2019-2020
Cost: $40.00 per hour
Name: Jessica Cooper, Oakland County Prosecutor
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, Ml 48341
(248)858-0656
Contact Person: APA Jason Pernick, Director of Training
Phone Number: (248) 858-5556
Tax ID Number: 38-6004876w
July — Dee 2019
Advanced Police Class (8 his.)
Date/ Topic TBA
Domestic Violence -Dispatch (2 hrs.)
November 20, 2019
Basic Reserve Academy (8 his.)
Aug 29 — Dec 7, 2019
Jan — June 2020
Advanced Police Class (8 his.)
Date/Topic TBA
Domestic Violence -Dispatch (2 his.)
Spring 2019 —Date TBA
Basic Reserve Academy (8 hrs.)
Date TBA
Pistol Instructor School (4 hrs.) Pistol Instructor School (4 his)
Dec 2-6, 2019 Date TBA
Other Seminar Requirements: Classroom with a/v 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:
Resolution #20116
April 29, 2019
Moved by Taub seconded by Jackson the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
Discussion followed.
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
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1 HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TC PALL 15.559A (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 April 29, 2020,
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 Circuit Court at Pontiac,
Michigan this 29th day of April, 2020. r
Lisa Brown, Oakland County