HomeMy WebLinkAboutResolutions - 2020.12.07 - 33973MISCELLANEOUS RESOLUTION #20646 December 7, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety, and Human Services Committee
IN RE: CORPORATION COUNSEL — AMENDMENT #1 INTERLOCAL AGREEMENT FOR
MANDATED MICHIGAN INDIGENT DEFENSE COMMISSION STANDARD 1 — CONTINUING LEGAL
EDUCATION REQUIREMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has encouraged governmental entities to share services with each
other for efficiency and cost -savings;
WHEREAS the Michigan Indigent Defense Commission (MIDC Act), MCL 780.981 at al., requires local
funding units (counties, cities, villages and townships) to take over the delivery of indigent defense
systems and comply with MIDC established minimum standards; and
WHEREAS MIDC Standard 1 — Education and Training, requires local funding units to fund, establish,
implement and monitor basic and continuing legal education (CLE) requirements for attorneys who
represent indigent defendants; and
WHEREAS the County is the funding unit for the 6t1 Circuit Court and the four election divisions districts
of the 52nd District Court; and
WHEREAS within the County there are also fourteen local funding units for the 43'd through 51s' District
Courts that are required to comply with the CLE mandates contained in MIDC Standard 1; and
WHEREAS the County and the other local funding units within the County executed the Interlocal
Agreement which provided that the County contract with a single provider, the Oakland County Bar
Association (OCBA), to provide CLE programing and compliance monitoring for all attorneys who
represent indigent defendants within the County for compliance with MIDC Standard 2; and
WHEREAS Miscellaneous Resolution (M.R.) #19088 approved the Interlocal Agreement for the purpose
of providing the MIDC CLE requirement services for the period of January 1, 2019 through December 31,
2020; and
WHEREAS Amendment #1 takes effect on January 1, 2021 and amends Section 2.2 of the Interlocal
Agreement to allow the Interlocal Agreement to remain in effect until cancelled or terminated by any
parties pursuant to Sec. 8 1 of the Interlocal Agreement; and
WHEREAS the funding for the MIDC CLE requirements was included in the FY2021 MIDC Grant Contract
Agreement (M.R. #20454), the FY2020 MIDC Grant Contract Agreement (M.R. #20398), and the FY2019
MIDC Grant Contract Agreement (M.R. #19071); and
WHEREAS the County and the OCBA amended the contract for CLE services to extend the contract
expiration date to December 31, 2021 (Amendment #2 Contract PSC Contract #005676).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
approves the attached Amendment #1 to the Interlocal Agreement for mandated MIDC Standard 1 CLE
Requirements with local funding units.
BE IT FURTHER RESOLVED that upon receipt of final, executed Amendment #1 agreements from the
local funding units, the Oakland County Board of Commissioners authorizes its Chairperson to execute
and enter into these Agreements on behalf of the County of Oakland.
BE IT FURTHER RESOLVED acceptance of this Amendment #1 does not obligate the County to any
future commitment and continuation of this program is contingent upon continued future levels of grant
funding.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Health, Safety, and Human Services Committee, I move the adoption of the
foregoing resolution.
Commissioner P ny Luebs, District 16
Chairperson, H th, Safety, and Human
Services Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried on a roll call vote with Kochenderfer absent.
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[CITY, VILLAGE, TOWNSHIP NAME]
REGARDING GRANT APPLICATION SERVICES
FOR MIDC CONTINUING LEGAL EDUCATION REQUIREMENTS
AMENDMENT#1
The Parties, COUNTY OF OAKLAND ("County") and [CITY, VILLAGE, TOWNSHIP
NAME] agree and acknowledge that the purpose of this Amendment is to modify as provided
herein and otherwise continue the present contractual relationship between the Parties as described
in their current Inlerlocal Agreement Regarding Grant Application Services for MIDC Continuing
Legal Education Requirements ("Agreement").
This Amendment 1 shall take effect on January 1, 2021 and shall continue and be in effect until
terminated by any of the Parties pursuant to section 8.1 of the Agreement.
In consideration of the mutual promises, representations, assurances, agreements and provisions
in the Agreement and this Amendment, the adequacy of which is hereby acknowledged by the
Parties, the Parties agree to amend the Agreement as follows:
Section 2.2 of the Agreement shall be amended to the following: "This Agreement takes
effect on the date of January 1, 2019 and shall continue and be in effect through December
31, 2020 (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall
automatically renew for a term from January 1st through December 30 of every future
calendar year, unless cancelled or terminated by either of the Parties pursuant to Section
8.1 of this Agreement."
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements set forth in the Agreement and this Amendment, and for other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledge, the
undersigned hereby execute this Amendment 1 on behalf of the Parties, and by doing so legally
obligate and bind the parties to the terms and conditions of this Amendment 1.
MIDC CLE Requirements Agreement
AMENDMENT 1
2021
[CITY, VILLAGE OR TOWNSHIP NAME.]:
BY: DATE:
COUNTY OF OAKLAND:
BY: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
MIDC CLE Requirements Agreement
AMENDMENT
2021
Resolution #20646 December 7, 2020
Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
aju& 0, L'4'
i hiEF=BY A^ PFaO�IET'HES ESOLUITION
CFil6.f DE6=UTY CoUNTY EXECUTIVE`
"CTINr Pt1FiS ANi To MCt 45 ar'gA (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 December 7,
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 71^ day of December, 2020.
Lisa Brown, Oakland County