HomeMy WebLinkAboutResolutions - 2020.10.21 - 33764MISCELLANEOUS RESOLUTION #20456 October 21, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human 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, 2020, through June 30,
2021;and
WHEREAS Oakland County will be reimbursed for services, not to exceed $7,040; and
WHEREAS the attached Memorandum of Agreement has been reviewed and approved 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 that the FY 2021 budget is amended as follows:
GENERAL FUND (#10100) FY2021
Revenue
4010101-122050-630602 Educational Training $ 940
9010101-196030-665882 Planned Use of Balance 9( 40)
Total Revenue �0
Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
Commissioner enny Luebs, District #16
Chairperson,,1 ealth, Safety and Human
Services Committee
HEALTH. SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer and Gingell absent.
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u,alil.,'.r:u c{:>,'�1NnlNITS` i r�LLEc;G.. Memorandum of Agreement (MOA)
MEMORANDUM OF AGREEMENT between OAKLAND COMMUNITY COLLEGE and:
Oakland Countv
This Agreement 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 notes 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 JUIV 1. 2020
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 nernicki(a)oakaov.com
4. PERIOD OF SERVICE AND TERMINATION
The period of service shall be from Juiv 1. 2020 through June 30. 2021 . except as
otherwise agreed to in writing by OCC. Either party may terminate this Agreement at any time withforty-five
(45) days priorwritten notice. This Agreement can be terminated for breach of any of theterms 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 $ 7,040.00 as indicated in Company's proposal dated
July 1, 2020
AUX73 10118
Memorandum of Agreement (MOA) aaae2of5
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 Use total fee identified above.
X Please check this box if expenses will be included in Me 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,
c. 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.
r Please check this box if expenses will be included in me 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
thisAgreement, Company is 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, oremployee
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.
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Memorandum of Agreement (MOA) page 3 0(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 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 underthis 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 shall 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) page 4 ola
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 maybe later designated by written notice. All such notices shall be effective
only when received by the addressee.
b. This Agreement and proposal dated JUIv 1 , 2020 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 underthe 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
�. .: ( 6'..LAND 1 OMM UTF COLLEGE"
i' 9v
Excellence
0._aklamcl Polio fla. c1e by
Date: July 1, 2020 Advanced Training Phone: 246.23').42 �0
6asicTrainingPhone:2482 2,,I225
To: Jessica Cooper, Oakland County Prosecutor Fa-: 2d8.2 2 d 2 2 5
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, Michigan
Projected Legal Training Dates for July 1, 2020 through June 30,2021
Following are projected classes and 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.
Julv— Dec 2020
Basic Police Academy (66 hrs)
Aug 3 - Dec 4, 2020
Advanced Police Legal Class (8 hrs)
Date / Topic To Be Announced
Domestic Violence — Dispatch (2 hrs)
December 1, 2020
Pistol/Shotgun Instructor School (4 hrs)
Dec 7-11, 2020
Basic Reserve Academy (8 hrs)
Aug 29 — Dec 6, 2019
Jan —June 2021
Basic Police Academy (66 hrs)
Feb 4 - June 4, 2021
Advanced Police Legal Class (8 hrs)
Date / Topic To Be Announced
Domestic Violence —Dispatch (2 hrs)
Date To Be Announced
Pistol/Shotgun 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 88 hours x $40.00 (an hour) _ $3, 520.00
Total for FY 2020-2021= $7,040.00
Sincerely,
e
David F. Ceci, Dean of Public Services
Director of Law Enforcement Training
Oakland Police Academy
(248)232-4224
dfceci@oal<landcc.edu
Auburn Hills Caiiipus , 2900 Featherstone Road Auburn Hills, N11 48326-28115
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac MI 48341
Proposal Bute: Jul), 1, 2020
Basic Police Acudenr v - Legal Classes Jiflp 1, 2019-June 30, 2020
Dates: Session 2020-2, various dates between August 3 & December 4, 2020
Session 2021-1, various dates between February 4 & June 4, 2021
hours: 66 hours per academy session
Cost: $40.00 per hour
Dame: Jessica Cooper, Oakland County Prosecutor
Address: Oakland County Prosecutor's Office
1200 Telegraph Road
Pontiac, M148341
Phone: (248) 858-0656
Contact Person: APA Jason Pernick, Director of Training
Phone Number: (248) 858-5556
Tax Ill Number: 38-6004876W
Equipment Requirements: Power Point, Projector & Connection Equipment
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
1'Y-oposal Date: Julli, 1, 2020
idvaatrrill"oGee ln4errice Legal Training — Jul , 1, 2020—June X 2021
Dates: Various dates during Fiscal Year July 01, 2020 - June 30, 2021
Hours: 44 hours during Fiscal Year 2020-2021
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 Periuck, Director of Training
Phone Number: (248) 858-5556
Tax ID Number: 38-6004876w
July — Dec 2020 Jan — June 2021
Advanced Police Class (8 hrs.)
Date / Topic TBA
Domestic Violence -Dispatch (2 hrs.)
December 1, 2020
Basic Reserve Academy (8 hrs.)
Date 'TBA
Advanced Police Class (8 hrs.)
Date/'Topic TBA
Domestic Violence -Dispatch (2 lis.)
Spring 2021 — Date TBA
Basic Reserve Academy (8 hrs.)
Date TBA
Pistol/Shotgun Instructor School (4 hrs.) Pistol/Shotgun Instructor School (4 Ins.)
Dec 7-11, 2020 Date TBA
Other Seminar Requirements: Classroom with a/v equipment
Brief Statement of the seminar: Classes that provide instruction to 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 #20455 October 21, 2020
Moved by Long seconded by Quarles the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson.(20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
4aL,.
I HEREBYAPPROVETHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45,559A (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 October 21,
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 21 sc day of October, 2020.
Lisa Brown, Oakland County