HomeMy WebLinkAboutResolutions - 2021.10.28 - 34965t0AKV%ND'Fr
COUNTY MICHI GAN
BOARD OF COMMISSIONERS
October 28, 2021
MISCELLANEOUS RESOLUTION #21-426
Sponsored By: Penny Luebs
IN RE: Agreement with the City of Southfield for Police Officers Drivers Training
Chairperson and Members of the Board:
WHEREAS the Oakland County Board of Commissioners has authorized the Sheriff to contract with local
municipalities for various law enforcement purposes: and
WHEREAS the City of Southfield has requested the Sheriff s Office train their Police Officers in Pursuit
Termination Techniques; and
WHEREAS the Oakland County Board of Commissioners adopted M.R. #19276 which established an
overtime rate for billing municipalities for 2019 - 2021: and
WHEREAS the City of Southfield has agreed to reimburse the Sheriffs Office for this training on an overtime
basis; and
WHEREAS the Sheriff has agreed to this training for the Southfield Police Department: and
WHEREAS this request has been through the County Executive review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Agreement with the City of Southfield for Precision Driving Training Services.
BE IT FURTHER RESOLVED that the Chairperson of the Board be authorized to sign the attached
agreement with the City of Southfield.
BE IT FURTHER RESOLVED the FY 2022 budget is amended as detailed in the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: October 29, 2021
David Woodward, Commissioner
Date: November 02. 2021
Hilarie Chambers, Deputy County Executive li
Date: November 02, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-10-19 Public Health & Safety - Recommend to Board
2021-10-28 Full Board
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner Gwen Markham to adopt the attached
Contract: Agreement with the City of Southfield for Police Officers Drivers Training.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Philip
Weipert. Gwen Markham. Angela Powell. Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller
III, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffinan, Adam Kochenderfer
(19)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
Southfield PIT Training Agreement_ FINAL
Copy of FY22 PIT Southfield Schedule A
STATE OF MIC'HIGAN)
COUNT' 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 Cormnissioners on October 28, 2021,
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 on Thursday, October 28, 2021.
Lisa Browii, OaHand Coimt. Clerk! Register ofDeet%s
OAKLAND COUNTY SHERIFF'S OFFICE
PRECISION DRIVING TRAINING SERVICES AGREEMENT FOR
CITY OF SOUTHFIELD
October 1, 2021— December 31, 2021
This Contract is made between the CITY OF SOUTHFIELD. 26000 Evergreen Road, Southfield, MI 48076
(Municipality), the COUNTY OF OAKLAND, 1200 North Telegraph Road, Pontiac, Michigan 48341 (County),
and the OAKLAND COUNTY SHERIFF. 1200 N. Telegraph Road, Pontiac, Michigan 48341, Bldg. 438 East
(Sheriff). The term Oakland County Sheriff's Office (OCSO) means the County and the Sheriff jointly.
1. Purpose. The purpose of this contract is to provide Training Services to the Municipality's Police
Department.
2. Exhibits. The following exhibits are attached and incorporated into this Contract:
2.1. Exhibit A: Scope of Services
2.2. Exhibit B: Request for Training Services
2.3. Exhibit C., Estimated OCSO Costs for Two Training Sessions
2.4. Exhibit D: 2021 Hourly Overtime Rates for OCSO Staff
3. Definitions.
3.1. Claim means any alleged losses, claims, complaints, demands for relief or damages, lawsuits,
causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs,
and expenses, including but not limited to, reimbursement for reasonable attorney fees,
witness fees, court costs, investigation expenses, litigation expenses, amount paid in
settlement, and/or other amounts or liabilities of any kind that are imposed upon, incurred
by, or asserted against a Party.
3.2. Municipality's Representative means the Municipality's police chief or another individual
that the police chief designates in writing to act as the Municipality's Representative.
3.3. OCSO Costs mean all actual costs incurred by the OCSO as a result of its preparation for and
provision of the Training Services requested by the Municipality under this Contract.
3.4. OCSO's Representative means the Sheriff or another individual that the Sheriff designates
in writing to act as the OCSO's Representative.
3.5. Training Services means the services set forth in Exhibit A: Scope of Services.
4. How to Reauest Trainine Services. The Municipality may request Training Services by completing and
submitting a signed copy of Exhibit B: Request for Training Services to the Sheriff.
S. Obtainine Estimate. Before submitting Exhibit B: Request for Training Services to the Sheriff, the
Municipality's Representative may communicate with the OCSO's Representative to discuss the
estimated OCSO Costs for providing Training Services. Any estimate provided by OCSO will be made in
good faith, but is non -binding; the Municipality will be charged the actual OCSO Costs incurred. An
example of the estimated costs for two training sessions is attached as Exhibit C., Estimated Costs for Two
Training Sessions.
Precision Driving Training Services Agreement for Cit} of Southfield
October 1, 2021 — December 31, 2021
Rev 9/17/2021
Page I of 10
6. Withdrawing Reauest for Training Services. The Municipality may withdraw any Exhibit B: Request for
Training Services that it previously submitted to the OCSO at any time before any scheduled training
session by delivering written notice as provided for in Section 16: Notice. However, the Municipality will
remain obligated to reimburse the County for any and all OCSO Costs incurred by the OCSO prior to the
delivery of the written withdrawal notice.
OCSO's Obligations. Upon receiving a signed Exhibit B: Request for Training Services, the Sheriff will
determine if the OCSO is able to provide the requested Training Services.
7.1. If the OCSO is able to provide the requested Training Services, the Sheriffs Representative
will communicate that fact to the Municipality's Representative and will commence the
provision of Training Services by simply performing such acts as necessary to enable the
OCSO to provide the Training Services (e.g., develop the necessary schedules, plans, and staff
assignments). No written acceptance is required.
7.2. If, for any reason, the OCSO is unable to provide the requested Training Services, the Sheriff's
Representative will communicate that fact to the Municipality's Representative as soon as it
becomes reasonably known. No written rejection is required.
8. Municioalitv's Pavment Obligations.
8.1. The Municipality will reimburse the County for any and all OCSO Costs.
8.2. The County will provide the Municipality with a detailed invoice of the OCSO Costs. The
Municipality will pay the County the full amount shown on any such invoice within forty-five
(45) calendar days after the date shown on any such invoice. Each such payment shall be
made payable to "Oakland County" and clearly identify that it is a payment for Training
Services made pursuant to this Contract. Payment shall be sentto:
Oakland County Treasurer
1200 N. Telegraph Road
Pontiac, MI 48341-0479
8.3. The Municipality acknowledges that OCSO personnel will be assigned to provide Training
Services on an overtime basis, and therefore OCSO Costs related to staffing will be calculated
using the hourly overtime cost rates as determined each year by the County Board of
Commissioners. The hourly overtime cost rates for 2021 are set forth in Exhibit D: 2021
Hourly Overtime Rates for OCSO Staff.
9. Failure to Pay. If the Municipality, for any reason, fails to pay the County any monies when and as due
under this Contract, the Municipality agrees that, unless expressly prohibited by law, the County or the
County Treasurer, at their sole option, shall be entitled to set off from any other Municipality funds that
are in the County's possession for any reason, including but not limited to the Delinquent Tax Revolving
Fund (DTRF), if applicable. Any setoff or retention of funds by the County shall be deemed a voluntary
assignment of the amount due by the Municipality to the County. The Municipality waives any Claims
against the County or its agents for any acts related to the County's offsetting or retaining such amounts.
This paragraph shall not limit the Municipality's legal right to dispute whether the underlying amount
retained by the County was actually due and owing under this Contract. If the County chooses not to
exercise its right to setoff or if any setoff is insufficient to fully pay the County any amounts due and
owing the County under this Contract, the County shall have the right to charge up to the then- maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any other
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev. 9/17/2021 Page 2 of 10
amounts due to the County under this Contract. Interest charges shall be calculated using the daily unpaid
balance method and accumulate until all outstanding amounts and accumulated interest are fully paid.
Nothing in this paragraph shall operate to limit the County's right to pursue or exercise any other legal
rights or remedies against the Municipality to secure reimbursement of any amounts due under this
Contract. If the County pursues any legal action in any court to secure payment, the Municipality shall
pay all costs and expenses, including attorney's fees and court costs incurred by the County in the
collection of any amount owed by the Municipality.
10. Comoliance with Law. Permits, and Licensing Reauirements. Each Party will comply with all federal,
state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities
under this Contract. Each Party is responsible for obtaining and maintaining, throughout the term of this
Contract, all licenses, permits, certificates, and governmental authorizations for its employees and/or
agents necessary for its activities under this Contract.
11. Municioality Provided Insurance.
11.1. Before any scheduled training session, the Municipality will provide the County with a copy
of the following:
(i) A Certificate of Insurance evidencing the Municipality's Commercial Automobile
coverage for the vehicles to be provided by Municipality pursuant to Exhibit A: Scope
of Services, and naming the County as a certificate holder.
(ii) A Certificate of Insurance evidencing the Municipality's Workers Compensation
coverage for Municipality's employees who are to take part in the Training Services,
and naming the County as a certificate holder.
3.1.2. Using commercially reasonable standards, the County may reject the adequacy of any of
the insurance requirements listed above.
12. Assurances.
12.1. Each Party is responsible for any Claims made against that party by a third party, and for the
acts of its employees arising under or related to this Contract. Each Party is responsible for
any damages to their own vehicles and/or property arising under or related to this Contract.
12.2. Except as otherwise provided for in Section 9: Failure to Pay, for any Claim that may arise
under or is related to this Contract, each Party will seek its own legal representation and bear
the costs associated with such representation, including judgments and attorney fees. Except
as otherwise provided for in Section 9: Failure to Pay, neither Party has any right under this
Contract to be indemnified or reimbursed by the other Party or any of its agents in
connection with any Claim.
12.3. This Contract does not, and is not intended to, impair, divest, delegate or contravene any
constitutional, statutory, and/or other legal right, privilege power obligation, duty, or
immunity of the Parties. Nothing in this Contract shall be construed as a waiver of
governmental immunity for any Party.
12.4. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Contract. The persons signing this Contract for any Party, and person signing
Exhibit B: Request forTraining Services for the Municipality, have legal authority to sign and
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev 9/17/2021
Page 3 of 10
bind the Parties to the terms and conditions contained herein.
13. Term. This Contract will become effective at 12:00:00 A.M., October 1. 2021, and shall remain in effect
until it expires without any further act or notice, at 11:59:59 P.M. on December 31.2021.
14. Termination. Either Party may terminate this Contract before its expiration by providing written notice
to the other Party at least thirty (30) days before the proposed termination date, which must be clearly
stated in the written notice. The Municipality will reimburse the County for any OCSO Costs that are
incurred prior to termination.
15. Survival of Terms and Conditions. The following terms and conditions will survive and continue in full
force beyond the termination or expiration of this Contract (or any part thereof) until the terms and
conditions are fully satisfied or expire by their nature: Section 8: Municipality's Payment Obligations,
Section 9: Failure to Pay, Section 12: Assurances, Section 15: Survival of Terms and Conditions, Section 16:
Notices, Section 17: Delegation or Assignment, Section 18: No Third Party Beneficiaries, Section 19:
Governing Law/Consent to Jurisdiction and Venue, and Section 21: Waivers, Amendments, and Other
Modifications.
16. Notices. Notices given under this Contract must be in writing and must be personally delivered, sent by
express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the
persons listed below or their successors in office. Notice will be deemed given on the date when one of
the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent
express delivery service or personal delivery; or (iii) three days after mailing first class or certified U.S.
mail.
16.1. Notice to the OCSO shall go to:
Michael J. Bouchard, Oakland County Sheriff
Oakland County Sheriff's Office
1200 N. Telegraph Road, Bldg. 38 East
Pontiac, MI, 48341
Phone: (248)858-5001; Fax: (248)858-1806
16.2. Notice to the Municipality shall go to:
Kenson J. Siver, Mayor
City of Southfield
26000 Evergreen Road, P.O. Box 2055
Southfield, MI 48037-2055
Phone: (248) 796-5100; Fax: (248) 796-5105
17. Delegation or Assignment. Neither Party may delegate or assign any obligations or rights under this
Contract without the prior written consent of the other Party.
18. No Third Partv Beneficiaries. This Contract does not create any obligation, duty, promise, or any other
right or benefit in favor of any other person or entity.
19. Governing Law/Consent to Jurisdiction and Venue. This Contract shall be interpreted, enforced and
governed under the laws of the State of Michigan. Any action arising under or related to this Contract
will be brought in the 6tb Judicial Circuit Court of the State of Michigan, the 50th District Court of the State
of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division.
Precision Driving 1}ammg Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev. 9/17/2021 Page 4 of 10
20. Caotions and Contract Laneuaee. The captions and sections contained in this Contract are intended for
the convenience of the reader, are not intended to have any substantive meaning, and shall not be
interpreted to limit or modify any substantive provisions of this Contract. This Contract will be construed
as a whole, according to its fair meaning, and not construed strictly for or against any party. In this
Contract, for any noun or pronoun, use of the singular or plural form, use of the nominative possessive,
or objective case, and any reference to gender (masculine, feminine, and neuter) shall mean the
appropriate form, case, or gender as the context requires.
21. Waivers. Amendments. and Other Modifications. Any modifications, amendments, recissions, waivers,
or releases to this Contract must be in writing and agreed to by all Parties. The modification, amendment,
recission, waiver, or release shall be signed by the same persons who signed this Contract, or their
successors in office.
22. Severability. If a court of competent jurisdiction finds a term or condition of this Contract to be illegal or
invalid, then the term or condition shall be deemed severed from this Contract. All other terms or
conditions shall remain in full force and effect.
23. Entire Contract. This Contract represents the entire Contract and understanding between the Parties
regarding the Training Services described in Exhibite. Scope of Services. This Contract supersedes all other
prior oral or written understandings, communications, or agreements between the Parties in any way
related to the subject matter hereof.
[THIS SECTION INTENTIONALLY LEFT BLANK]
Precision Driving Training Services Agreement for City of Southfield
October I. 2021 — December 31, 2021
Rev 9/17/2021
Page 5 of 10
IN WITNESS WHEREOF, Kenson J. Siver, Mayor for the Municipality, hereby acknowledges that he
has been authorized by a resolution of the Municipality's governing body, a certified copy of which
is attached, to execute this Contract on behalf of the Municipality:
CITY of SOUTHFIELD,
EXECUTED: DATE:
Kenson J. Siver, Mayor
WITNESSED: DATE:
Name:
Title:
IN WITNESS WHEREOF, David T. Woodward, 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 Contract on
behalf of the County:
COUNTY OF OAKLAND,
EXECUTED: DATE:
DAVID T. WOODWARD, Chairperson,
Oakland County Board of Commissioners
WITNESSED: DATE:
Name:
Title:
IN WITNESS WHEREOF, Michael J. Bouchard, Oakland County Sheriff, hereby concurs and accepts
the terms and conditions of this Contract:
OAKLAND COUNTY SHERIFF,
EXECUTED:
MICHAELJ. BOUCHARD, Sheriff
WITNESSED:
Name:
Title:
Precision Driving 'rraining Services Agreement for City of Southfield
October I, 2021 — December 31, 2021
Rev 9/17/2021
Rp
DATE:
Page 6 of 10
EXHIBIT A
SCOPE OF SERVICES
Each training session, conducted by the OCSO Training Unit, will train Municipality police officers
in Pursuit Termination Techniques (PTT) over the course of two shifts (same day).
Pursuit Termination Techniques (PTT): Officers will be taught the knowledge through
instruction and practical experiences to correctly apply PTT to quickly and safely end a
pursuit in order to protect life and property and increasing the ability to apprehend a
violator. The training will cover the Precision Immobilization Technique (PIT), Boxing
In/Rolling Road Blocks, Channeling to use the patrol vehicle to direct another vehicle to a
desired location, and Vehicle Intercept to block a vehicle in a stopped stationary position
preventing a pursuit.
The OCSO will provide 10 vehicles for training on Pursuit Termination Techniques. The Municipality
will provide additional vehicles for training on all other operations and techniques.
The Municipality will provide the County with the insurance requirements listed in Section 11:
Municipality Provided Insurance prior to any training session.
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev WI7/2021
Page 7 of 10
Exhibit B:
REQUEST FOR TRAINING SERVICES
TO: Michael J. Bouchard, Oakland County Sheriff
Oakland County Sheriff's Office
1200 N. Telegraph Road, Bldg. 38 East
Pontiac, MI, 48341
Phone: (248) 858-5001; Fax: (248) 858-1806
FROM: Kenson J. Siver, Mayor
City of Southfield
26000 Evergreen Road, P.O. Box 2055
Southfield, MI 48037-2055
Phone: (248) 796-5100; Fax: (248) 796-5105
Email: ksiver@cityofsouthfield.com
Pursuant to the Oakland County Sheriff's Office Precision Driving Training Services Contract for City
of Southfield, Municipality requests that the Sheriff provide:
Two Session(s) of Training Services.
Municipality's Representative for further communication and coordination with OCSO regarding
these Training Services is:
Name:
Paul Workman
Title:
Lieutenant — ERP (Trainine)
Address:
1200 North Telegraph. 38E. Pontiac
Email:
workmano nnoakeov.com
Phone:
248-858-5474
Fax:
248-858-7588
The undersigned hereby acknowledges and affirms that he or she has been authorized by the
Municipality's governing body to initiate this request and bind the Municipality to reimburse the
OCSO for any and all OCSO Costs incurred.
Date:
Mayor Kenson J. Siver (or designated representative)
(For OCSO internal use only)
Accepted and approved by:
Date:
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev. 9/17/2021
Page 8 of 10
Exhibit C:
EXAMPLE OF ESTIMATED OCSO COSTS FOR ONE DAY TRAINING SESSION, TWO SHIFTS SAME DAY
The following is an example of the breakdown of the estimated OCSO Costs for providing two
shi is same day training session.
This is only any estimate. Municipality will be charged the actual OCSO Costs incurred.
Description
PTT Operator Staffing (rate p/session)
Vehicle Daily Mechanical Inspection (rate p/car)
PIT Vehicle Fuel (rate p/car) (x2 sessions)
Facility Rental (p/day)
Rate
I Totals
$4,878.82
$9,757.64
$25.00
$250.00
$15.00
$300.00
$600.00
$600.00
Grand Total I $10,907.64 I
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev. 9/17/2021
Page 9 of 10
Exhibit D:
2021 Hourly Overtime Rates for OCSO Staff
Overtime
Hourly
Rate 2021
Lieutenant $93.82
Patrol $85.10
Sergeant
Deputy II $72 07
Deputy 1 $64.38
Precision Driving Training Services Agreement for City of Southfield
October 1, 2021 — December 31, 2021
Rev. 9/17/2021
Page 10 of 10
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