HomeMy WebLinkAboutResolutions - 2021.09.02 - 34846BOARD OF COMMISSIONERS
September 2, 2021
MISCELLANEOUS RESOLUTION 921-341
Sponsored By: Penny Luebs, Gwen Markham
IN RE: Continuation of the Law Enforcement Training Agreement with Oakland Community College
Chairperson and Members of the Board:
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 a contract with a Not To Exceed (NTE) amount of $6,960 to continue the provision of these services from
July 19, 2021 through June 30, 2022; 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 a budget amendment is not required as this revenue is already included in
the Prosecuting Attorney's budget.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs, Gwen
Markham.
Ak
aWY1Nl.e Date. September 15, 2021
Hilarie Chambers, Deputy County Executive II
Date. September 15, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-08-24 Public Health & Safety - waived
2021-08-25 Finance - recommend to Board
2021-09-02 Full Board
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner William Miller III to adopt the
attached Contract: Continuation of the Law Enforcement Training Agreement with Oakland Community
College.
Yes: David Woodward, Michael Gingell, Robert Hoffman, Michael Spisz, Karen Joliat, Kristen Nelson,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson,
William Miller III, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray,
Janet Jackson, Penny Luebs (19)
No: None (0)
Abstain: None (0)
Absent: Commissioner Kowall, Commissioner Moss (2)
The Motion Passed.
ATTACHMENTS
1. PH&S Pros. 2021 - 2022 OCC Agreement PKT
2. Item Approvals
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 September 2, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday, September 2, 2021.
Lisa Broiiw, Oakland County Clerk/Register of Deerly
OAKLAND COMMUNITY COLLEGE-
ExcellenceEmpowered."
Oakland Police Academy
Advanced Training Phone: 248.232.4220
Basic Training Phone: 248.232,4225
Fax: 248.232.4225
To: Karen D. McDonald, Oakland County Prosecutor
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, MI 48341
Date: July 19, 2021
Prosecutor McDonald,
Please review, sign and date the Memorandum of Agreement and proposals
where indicated and return to me at dfceci(d...?oaklandec.edu
If you have any questions please contact me.
Sincerely.
David F. Ceci
Dean of Public Sevices
Director of Law Enforcement Training
Oakland Police Academy
(248)232-4224
dfccci (rpoaklandcc.edu
Auburn Hills Carnpus d 2900 Featherstone Road • Auburn Hills, h41 48326-2845
OAKLAND COMMUNITY COLLEGE"
Excellence Empowered."
Oakland Police Academy
Date: July 19, 2021 Advanced Training Phone: 248.232.4220
Basic Training Phone: 248.232.4225
To: Karen D. McDonald, Oakland County Prosecutor Fax: 248.232.4225
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, Michigan
Projected Legal Training Dates for July 19, 2021 through June 30,2022
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 2021
Basic Police Academy (65 hrs)
July 29 - Dec 3, 2021
Advanced Police Legal Class (8 hrs)
Date / Topic To Be Announced
Domestic Violence — Dispatch (2 hrs)
November 23, 2021
Pistol/Shotgun Instructor School (4 hrs)
December 6-10, 2021
Basic Reserve Academy (8 hrs)
Aug 26 — Dec 4, 2021
87 hours x $40.00 (an hour) _ $3,480.00
Sincerely,
n,j
Jan —June 2021
Basic Police Academy (65hrs)
Jan 31- June 2, 2022
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
87 hours x $40.00 (an hour) _ $3, 480.00
Total for FY 2021-2022 = $6,960.00
David F. Ceci, Dean of Public Services
Director of Law Enforcement Training
Oakland Police Academy
(248)232-4224
dfceci@oakiandcc.edu
Auburn Hills Campus • 2900 Featherstone Road + Auburn Hills, MI 48326-2845
OAKLAND COMMUNITY COLLEGE
Aux 7310P 8
page 1 0' S
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 County
("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 date JUIV 19, 2021
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 Training f Oakland Police Academ
Campus Auburn Hills
Vendor Name Oakland County Prosecutor's Office Phone 248.858.5556 Email uernickircDoakaov.com
4. PERIOD OF SERVICE AND TERMINATION
The period of service shall he from Jultr 19, 2021 through June 30, 2022 , except as
otherwise agreed to in writing by OCC. Either party may terminate this Agreement at any time withforty-five
(45) days prior written notice. This Agreement 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.
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 $6,960.00 as indicated in Company's proposal date
July 19, 2021
AUX 73 1 W1@
Memorandum of Agreement (MOA) 0a9ei015
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.
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, Ml 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.
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.
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 riot 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.
AUX 73 10118
Memorandum of Agreement (MOA) P.,3d5
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 applies to 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.
15. 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 notice to either party must be in writing, signed by the 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
AUX 73 10/18
Memorandum of Agreement (MOA) p9.4of5
To Company:
Oakland County Prosecutor's Office
Karen D. McDonald, 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 date July 19, 2021 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 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
iso
70
By
Printed name
rlmr
Date
Federal Employer Identification Number 38-6004876«--_-_--
Oakland County Prosecutor's Office
i200 N. Telegraph Road
Pontiac MI 48341
Proposal Date; .Iuly 19, 2021
Basic PoliceAcadem - Legal Classes Jule 19, 2021-.tune 30, 2022
Dates: Session 2021-2, various dates between July 29 & December 3, 2021
Session 2022-1, various dates between January 31 & June 2, 2022
Hours: 65 hours per academy session
Cost: $40.00 per hour
Name: Karen D. McDonald, Oakland County Prosecutor
Address: Oakland County Prosecutor's Office
1200 Telegraph Road
Pontiac, MI 48341
Phone: (248) 858-0656
Contact Person: APA Jason Pei -nick, Director of Training
Phone Number: (248) 858-5556
Tax ID 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 (NICOLES) pertaining to the law classes for recruits in
the Basic Police Academy.
Signature Date: -
Oakland County Prosecutor's Office
1200 N. Telcgraph Road
Pontiac MI 48341
Proposal Pate. July I9, 2021
Advanced Police M-,Service Legal Training —.July 19, 2021— June 30, 2022
Dates: Various dates during Fiscal Year .iuty 19, 2021 - .Tune 30, 2022
flours: 44 hours during Fiscal Year 2021-2022
Cost: $40.00 per hour
Name: Karen D. McDonald, Oakland County Prosecutor
Oakland County Prosecutor's Office
1200 N. Telegraph Road
Pontiac, MI 48341
(248)858-0656
Contact Person: APA Jason Pernick, Director of Training
Phone Number: (248) 858-5556
Tax ID Number: 38-6004876Nv
July — Dec 2021 Jan —.June 2022
Advanced Police Class (8 hrs.)
Date / Topic TBA
Domestic Violence -Dispatch (2 lhrs.)
November 23, 2021
Basic Reserve Academy (8 hrs.)
August 26-Dec 4, 2021
Pistol/Shotgun Instructor School (4 hrs.)
Dec 6-10, 2021
Advanced Police Class (8 hrs.)
Date/Topic TBA
Domestic Violence -Dispatch (2 firs,)
Date TBA
Basic Reserve Academy (8 hrs.)
Date "IBA
Pistol/Shotgun Instructor School (4 tins.)
Date IBA
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: _ --