HomeMy WebLinkAboutResolutions - 2022.09.01 - 375972
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COUNTY MICHIGAN
BOARD OF COMMISSIONERS
September 1,2022 '
MISCELLANEOUS RESOLUTION#22-295
Sponsored By:Charles Cavell;Marcia Gershenson,Michael piss
Board of Commissioners -Special ProjectAppropriating Funding for the Anti-Violence Initiative to
Create the Oakland County Gun Buyback Pilot Program
Chairperson and Members of the Board:
WHEREASGun violence has been a growing concernacross the country and locally.In addition to being used
for intentional acts of violence and suicides,firearms are dangerous weapons which can also be the source of
accidental injuries.The Board of Commissionersis committed to assisting in the reduction of gun-related
injuries and deaths;and
WHEREASSomecitizens who possess firearms may be unable to provide safe storage,or may no longer want
the firearm in their homes due to a variety of reasons,including medical or mental health issues,accessibilityto
children or youth,or other concerns.Disposal of unwantedfirearms is not typically a simple process;and
WHEREAS Voluntary Gun buyback programs provide a safe legal means forcitizens to dispose of unwanted
firearms and prevent them from getting into the hands of someone who shouldn’t have them.Althoughthese
programs may not have a direct impact onoverall gun violence,it will reduce the number of firearms
potentially accessible to children,youth and vulnerable individuals;and
WHEREASThe Oakland County Board of Commissioners,is partnering with local law enforcement agenciestoholdvoluntaryGunBuybackEventsthroughouttheCounty.This is planned to be a “no questions askedevent”,allowing citizens to safely surrender unwanted firearms for destruction and receive gift cards in
exchange;and
WHEREAS the Oakland County Board of Commissioners are committed to addressing gun violence in our
community with a multi-faceted approach,a county-wide gun buyback pilot event will ensure a safe and securepathwayforOaklandCountyresidentstovoluntarilydisposeofgunsthattheynolongerwishtopossessorstoreandwillpreventthosegunsfrombeingusedunsafely,therebyprovidinga useful service to the Oakland
County community.
NOWTHEREFORE BE IT RESOLVEDthat the Oakland County Board of Commissioners herebyauthorizestheone-time appropriation of $45,000 from non-departmental transfers General Fund Special
Projects to Board of Commissioners General Fund Special Projects line-item budget to establish the Oakland
County Gun Buyback Pilot Grant Program.
BE IT FURTHER RESOLVEDthatfunding for the Oakland C ounty Gun BuybackPilot Grant Program willbeawardedtolocalmunicipalitiestocoverthefullcost.of planning,hosting,and administering gun buybackeventsinOaklandCountyduringthemonthofOctober,2022..
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairmanof the Board of
Commissioners to execute an agreement and any related documents between Oakland County and theparticipatinglocalmunicipalityorasprovidedbylaw,upon review by Purchasing and Corporation Counsel.
BE IT FURTHER RESOLVED a report shall be forwarded to the Board of Commissionersdetailing
expenditures along with key data metrics on the pilot grant programfrom the participating local municipalities.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this adopted
resolution to the Chief of Police for Auburn Hills,Bloomfield Township,City of Berkley,Ferndale,Lathrup
Village.Royal Oak,and Southfield,the Michigan Association of Counties,the National Association of
Counties, the State Lead for Moms DemandAction,the Faculty Advisor for No Future Without Today,the
Board.Chairperson for the Identify Your Dream Foundation,the Detroit Office of the U.S.Department of
Veterans Affairs,and the members of the Oakland County delegation to the Michigan Legislature.
BE IT FURTHER RESOLVED that the FY 2022 budget shall be amendedasreflected in the attached Schedule
A —Budget Amendment.
Chairperson,the following Commissionersare sponsoring the foregoing Resolution:Charles Cavell,Marcia
Gershenson,Michael Spisz.
J Date:September 01,2022
.David Woodward,Commissioner
a (hon |Date:September 08,2022
Hilarie Chambers,Deputy County Executive II
f Way Date:September 14,2022
Lisa Brown,County Clerk /‘Register of Deeds
COMMITTEE TRACKING
2022-08-24 Finance -recommend to Board
2022-09-01 Full Board
VOTE TRACKING
Motioned by Commissioner Charles Cavell seconded by,Commissioner Gary McGillivray to adoptthe attached
Special Project:Appropriating Fundingfor the Anti-Violence Initiative to Create the Oakland C ounty GunBuybackPilotProgram.
Yes:David Woodward,Michael Spisz,Karen Joliat,Kristen Nelson,Eileen Kowall,Angela Powell.MarciaGershenson,WilliamMiller III,Yolanda SmithCharles,Charles Cavell.Penny Luebs,Janet Jackson,GaryMcGillivray,Adam Kochenderfer(14)
No:Christine Long,Philip Weipert.Thomas Kuhn,Chuck Moss (4)Abstain:None (0)
Absent:(0)
Passed
ATTACHMENTS
1.BOC Special Projects -Gun Buy Back Schedule A
2.Inter-local Template -Draft
STATE OF MICHIGAN)
COUNTYOF OAKLAND)
I,Lisa Brown,Clerkof the County of Oakland,do hereby certify that the foregoing resolutionis a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 1.2022.
with the original record thereof now remaining in myoffice.
In Testimony Whereof,I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday,September 1,2022.
fray Soy.
Lisa Brown,Oakland County Clerk/Register ofDeeds
OaklandCounty,MichiganBoardofCommissionerSpecialProject-AppropriatingFundingfortheAnti-ViolenceInitiativetoCreatetheOaklandCountyGunBuybackPilotProgram Schedule"A"DETAILBudgetFundLedgerFund#Account#}Program#GrantIDProjectID#|RegionAffiAccountFy2022FY2023FY2024Re|_FundNameivisionName(END)_|CostGenter(CCN)#]_(RC/SC)(PRG)(GRN)#(PROJ)(REG)(BFA)SummaryAccountTitleAmendment_|Amendment_|AmendmentE GeneralFund—_Non-DepartmentalFND10100CCN9090101SC731822 PRG196030730000SpecialProjectsS$(45,000)$ $EGeneralFundBoardofCommissionersFND10100CCNS5010101SC731822 PRG180010730000SpecialProjects45,000::TotalExpenditures$-_I[s-_|[s-
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN -
OAKLAND COUNTY
AND
This Agreement (“Agreement”)is made and entered into between the COUNTY OF
OAKLAND (“County”),a Michigan Constitutional and Municipal Corporation,a political
subdivision of the state of Michigan,whose address is 1200 North Telegraph,Pontiac,
Michigan 48341 .:and the
(“Municipality”).In
this Agreement,either the Municipality or the County mayalso be referred to individually as
a “Party”or jointly as the “Parties.”
1.urpose of A.ment
1.1.Pursuant to the Urban Cooperation Act,MCL 124.501 et seq.,County and
‘enter into this Agreement for the purpose of
2.Definitions
2.1.Agreement Documents mean the following documents,which this Contract
includes andincorporates:
2.1.1.Exhibit I:Financial and Scope of Services
2.2.Claim(s)means any loss;complaint;demand for relief or damages;lawsuit;
cause of action;proceeding;judgment;penalty;costs or other liability of any
kind which is imposed on,incurred by,or asserted against a Party or for which
that Party may become legally or contractually obligated to pay or defend
against,whether commenced or threatened,including,but not limited to,
reimbursement for reasonable attorney fees,mediation,facilitation,arbitration
fees,witness fees,court costs,investigation expenses,litigation expenses,or
amountspaid in settlement.
2.3.County means the County of Oakland and its departments,divisions,
commissioners,elected and appointed officials,directors,board members,
council members,authorities,officers,committees,employees,agents,
subcontractors,volunteers and/or any such persons'successors.
1.”
3;
2.4.County Agent shall be defined as any and all elected officials,appointed
officials,directors,board ‘members,council members,commissioners,
authorities,other boards,committees,commissions,employees,third-party
contractors,departments,divisions,volunteers,representatives,and/or any such
persons’successors (whether such persons act or acted in their personal
representative or official capacities),and/or “County Agents”shall also include
any person who was a County Agent any time during the term of this Agreement
but,for any reason,is no longer employed,appointed,or elected and serving as
a County Agent.
2.5.Municipality shall be defined as any and all elected officials,appointed officials,
directors,board members,council members,commissioners,authorities,other
boards,committees,commissions,employees,third-party contractors,
departments,divisions,volunteers,‘fepresentatives,and/or any such persons’
successors (whether such persons act or acted in their personal representative or
official capacities),and/or “Municipality Agents”shall also include any person
who was a Municipality Agent any time during the term of this Agreementbut,
for any reason,is no longer employed,appointed,or elected and serving as a
Municipality Agent.
2.6.Municipality Agent shall be defined to include,any and all Municipality
Contractor(s)’employees,officers,directors,board members,concurrent board
members,managers,departments,divisions,trustees,volunteers,licensees,
concessionaires,subcontractors,vendors,subsidiaries,joint ventures or partners,
and/or any such Municipality Contractor(s)’successors or predecessors and
any such successors’or predecessors’employees (whether such persons act or
acted in their personal,representative or official capacities),and/or any and all
persons acting by,through,under,or in concert with any Municipality
Contractor(s)“Municipality Agency”shall also include any person who was a
Municipality Agent any time during the term of this Agreement but,for any
reason,is no longer employed,appointed,or serving as a Municipality Agent,
without limitation,any and all employees,officers,directors,members,
managers,departments,and divisions of the Municipality (whether such persons
act or acted in their personal,representative or official capacities.
OBLIGATIONS OF THE PARTIES Subject to the terms and conditions in this
Agreement,and except as otherwise provided by law,Municipality shall provide
those services for the County as described in Exhibit I attached to this Agreement andherebyincorporatedandmadepartofthisAgreement.The Parties intend,agree,andacknowledgethatnoservices,other than those services described in this Agreement,
shall or are otherwise required to be provided by Municipality for or to the County.
Additional services may be contracted by mutual agreement betweenthe Parties.
A N A T
4.1.The Municipality agrees to comply with the provisions of any and all laws
relating to nondiscrimination and conflict of interest with governmental
2°
employees and,specifically,any County Agent.The Municipality warrants to
avoid any conflict of interest,whetherreal or perceived.
4.2.Any and all Municipality services set forth in this Agreement are provided on an
“as-is”and ,“as-available”basis,without any warranty of any kind,to the
maximum extent permitted by applicable law.The Municipality hereby
expressly further disclaims any and all warranties,of any kind,whether express
or implied,including,without limitation,any implied warranties of
merchantability,fitness for a particular purpose,non-infringement,and/or that
any Municipality services under this Agreement will meet any County needs
or requirements,will be uninterrupted,timely,secure,error or risk free/or that
any deficiencies in any Municipality service.
5.NOL IFICATION.
5.1.Each Party shall be responsible for any Claims madeagainst that Party and for the
acts of its Employees or Agents.
5.2.In any Claim that may arise from the performanceof this Agreement,each Party
shall seek its own legal representation and bear the costs associated with such
representation including any attorney fees.
5.3.Except as otherwise provided in this Agreement,neither Party shall have any
right under any legal principle to be indemnified by the other Party or any of its
employees or Agents in connection with any Claim.
5.4.Except as otherwise provided in this Agreement,this Agreement does not and is
not intended to create any third-party obligation,duty,promise,contractual right
or benefit,right to indemnification,right to subrogeticn or any other right in favor
of any third person orentity.
5.5.This Agreement 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 Agreement shall be
construed as a waiver of governmental immunity for either Party.
6.LIMITS AN IONS ON NICIPALITY SER’
6.1.In no event and under no circumstances in connection with or as a result of
this Agreement shall the either Party be liable to the other Party,or any other
person,for any consequential,incidental,direct,indirect,special punitive,or
other similar damages whatsoever (including,without limitation,damages for
loss of business,profits,business interruption,or any other pecuniary loss or
business detriment)arising out of this Agreement for any Municipality services
hereunder or any County use or inability to use any Municipality services,even
if the County has been advised of the possibility of such damages.
7.NO IMPLIED WAIVER.Except as otherwise expressly provided for in this
Agreement:
7.1.Absent a written waiver,no act,failure,or delay by a Party to pursue or enforce
any rights or remedies under this Agreementshall constitute a waiver of those
30
10.
11.
12.
rights with regard to any existing or subsequentbreach of this Agreement.
7.2.No waiver of any term,condition,or provision of this Agreement,whether by
conduct or otherwise,in one Or.more instances,shall be deemed or construed as
a continuing waiver of any term,condition,or provision of this Agreement.
7.3.No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
AUDITING.The County agrees that financial records and other relevant records
related to the Services will be available ‘upon,request for review or audit by
Municipality or other appropriate officials.
A NT_INTERPRETAT .The Parties agree that performance under
this Agreement will be conducted in compliance with all federal,Michigan,and local
laws and regulations.This Agreement is made and entered into in the County of
Oakland and in the State of Michigan.The language of all parts of this Agreementis
intended to and under all circumstances to be construed as a whole according toits
fair meaning and not construed strictly for or against any Party.
FE I T DURATI F THE AGRE NT.
10.1.This Agreementshall commence uponsignature of the Chair of the County Board
of Commissioners and Municipality (“Effective Date’)and shall terminate one
year from the Effective Date.:
10.2.The Parties agree that this Agreement,and/or any subsequent amendments
thereto,shall not become effective prior to the approval by the Oakland
County Board of Commissioners and the Municipality.The approval and terms
of this Agreement,and/or any possible subsequent amendments thereto,shall
be entered in the official minutes and proceedings of the Oakland County
Board of Commissioners and:the Municipality Board andshall also be filed with
the office of the Clerk of the County.
CONTRACTOR.The Parties agree that at all times and for all
purposes under the terms of this Agreement,the Municipality’s and/or any and all
Municipality Agents!legal status and relationship to the County shall be that of an
Independent Contractor.Except as expressly provided herein,each Party will be
solely responsible for the acts of its own employees,agents,and servants during the
term of this Agreement.No liability,right or benefits arising out of an
employer/employee relationship,either express or implied,shall arise or accrue to
either Party as a result of this Agreement.
TERMINATION OR CANCELLATION OF AGREEMENT.Except as otherwise
providedherein,either Party may terminate and/or cancel this Agreement upon ninety
(90)Days written notice to the other Party.The effective date of termination and/or
cancellation shall be clearly stated in the written notice.Termination of this Agreement
does not release any Party from any obligations that Party has pursuantto any law.
12.1.The Parties agree and acknowledge that either Party’s decision to terminate
and/or cancel this Agreement,or any one or more individual Municipality
Services identified herein,shall not relieve the County or any County payment
obligation for any Municipality Services rendered prior to the effective date of
4°
13.
14.
15.
16.
17;
18.
19.
any termination or cancellation of this Agreement.The provisions of this
Subsection shall survive the termination,cancellation,and/or expiration of this
Agreement.“
DISCRIMINATION.The Parties shall not discriminate against their employees,
agents,applicants for employment,or another person or entities with respect to hire,
tenure,terms,conditions,and privileges of employment,or any matter directly or
indirectly related to employment in violation of any federal,state or local law.
RETENTION.The Parties agrees to maintain records in accordance with
state law.All records relative to this Agreement shall be available at any reasonable
time for examination or audit by personnel authorized by the County,Municipality,or
law.
D JON/SUBCONT T NMENT.Except as otherwise provided
herein,neither Party shall delegate,subcontract,and/or assign any obligations or
rights under this Agreement withoutthe prior written consentof the other Party.
FORCE MAJEURE.Each Party shall be excused from any obligations under this
Agreementduring the time andto the extent that a Party is prevented from performing
due to causes beyondthe Party's control,including,butnot limited to,an act of God,war,
fire,strike,labor disputes,civil disturbances,reduction of power source, or any
other circumstances beyond the reasonable control of the affected Party.Reasonable
notice shall be given to the other party of any such event.
SEVERABILITY.If a court of competent jurisdiction finds a term,or condition,of
this Agreement to be illegal or invalid,then the term,or condition,shall be deemed
severed from this Agreement.All other terms,conditions,and provisions of this
Agreementshall remain in full force.
CAPTIONS.Thesection and subsection numbers,captions,and any index to such
sections and subsections contained in this Agreement are intended for the convenience
of the reader and.are not intended to have-any substantive meaning.The numbers,
captions,and indexes shall not be interpreted or be considered as part of this
Agreement.Any use of the singular or plural number,any reference to the male,female,
or neuter genders,and any possessive or non-possessive use in this Agreement shall
be deemed the appropriate plurality,gender or possession as the context requires.
NOTICES.Notices given under this Agreement.shall be in writing and shall be
personally delivered,sent by express delivery service,certified mail, or first class
U.S.mail postage prepaid,and addressed to the person listed below.Notice will be
deemed given on the date when oneofthe followingfirst occur:(1)the date of actual
receipt;(2)the next business day when noticé is sent express delivery service or
personal delivery;or (3)three days after mailing first class or certified U.S.mail.
19.1.If Notice is sent to the County,it shall be addressed and sent to:1200 North
Telegraph,Pontiac,Michigan 48341..
19.2.If Notice is sent to the Municipality,it shall be addressed and sent to:
19.3.Either Party may change the address and/or individual to which Notice is sent
by notifying the other Party in'writing of the change.
5:
20.
21.
23.
GOVERNING LAW.This Agreementshall be governed,interpreted,and enforced by
the lawsof the State of Michigan withoutgiving effect to its conflict of law principles.
JURISDICTION Except as otherwise required by law or court rule,
any action brought to enforce,interpret,or decide any Claim(s)arising under or
related to this Agreementshall be brought in the Sixth 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,as dictated by the
applicable jurisdiction of the court.Except as otherwise required by law or court rule,
venue is proper in the courts set forth above..The choice of forum set forth above
shall not be deemed to preclude the enforcement of any judgment obtained in such
forum or taking action under this Agreement to enforce such judgment in any
appropriate jurisdiction.
AGREEMENT MODIFICATIONS OR AMENDMENTS.Any modifications,
amendments,rescissions,waivers, or releases to this Agreement must be in writing
and executed by both Parties.The Parties agree that no such modification,rescission,
waiver,release or amendment of any provision of this Agreement shall become
effective against the County unless signed for by the Oakland County Board of
Commissioners.The Parties further agree that this Agreement shall not be changed,
supplemented,or amended,in any manner,except as provided for herein,and no
other act,verbal representation,document,usage or custom shall be deemed to amend
or modify this Agreement in any manner.—
AGREEMENT.This Agreement sets forth the entire agreement between
the Parties along with the Agreement Documents.In entering into this Agreement,
Municipality acknowledges that it has not relied upon any prior or contemporaneous
agreement,representation,warranty,or other statement by the County and/or any
County Agent that is not expressly set.forth in this Agreement,and that any and all
such possible,perceived or prior agreements,representations,understandings,
statements,negotiations,understandings and undertakings,whether written or oral,in
any way concerning or related to the subject matter of this Agreement are fully and
completely superseded by this Agreement.
23.1.If there is a contradicting term or condition in any Exhibit to this Agreement,
the Agreement controls.:
23.2.It is further agreed that the terms and conditionsof this Agreementare contractual
and binding and are not mere recitals.The Parties acknowledge that this
Agreement contains certain limitations and disclaimers of liability.
MUNICIPALITY:
BY:_DATE:
BY:DATE:
THE COUNTY OF OAKLAND
BY:DATE:
Chairperson,Oakland County Board of Commissioners
OAKLAND COUNTY INTERLOCAL AGREEMENT
‘BETWEEN
OAKLAND COUNTY
AND
ED,
EXHIBIT I:Financials,“Scope of Services,and
Reporting Obligations