Loading...
HomeMy WebLinkAboutResolutions - 2025.05.22 - 42123 AGENDA ITEM: Interlocal Agreement with the City of Southfield for Precision Driving Training Services DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, May 22, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-5226 Motion to approve the interlocal agreement with the City of Southfield to train their police officers in pursuit termination techniques for the period of May 23, 2025 through December 31, 2025; further, authorize the Chair of the Board of Commissioners to sign the attached agreement; further, amend the FY 2025 budget detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Interlocal Agreement Penny Luebs INTRODUCTION AND BACKGROUND The City of Southfield has requested that the Sheriff's Office train its police officers in pursuit termination techniques. The Oakland County Board of Commissioners adopted MR #2024-4636, which established an overtime rate for billing non-contracted entities for 2025. The City of Southfield has agreed to reimburse the Sheriff's Office for this training on an overtime basis, and the Sheriff has agreed to this training for the Southfield Police Department. Corporation Counsel and Risk Management have reviewed the agreement. POLICY ANALYSIS • Each training session, conducted by the OCSO Training Unit, will train Municipality police officers in Pursuit Driving and the deployment of Pursuit Termination Techniques (PTT) over the course of four separate training dates. o Pursuit Termination Techniques (PTT): Officers will be taught the knowledge through instruction and practical experiences to correctly apply PTT’s 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 Emergency Vehicle Operations (EVO), specifically Pursuit Driving and the deployment of PTT’s (when applicable). The PTT’s are specifically described as: the Precision Immobilization Technique (PIT), Vehicle Intervention (reasonable vehicle to vehicle contact or intentional vehicle collision, outside the scope of PIT, at reasonable speeds, when the intentional contact is not likely to result in personal injury to all involved and any 3rd party in the area of the intentional contact, and minimal vehicle damage to all vehicle involved), Rolling Roadblock/Boxing In, Channeling, and Vehicle Intercept (blocking a vehicle in when stopped or stopping at stationary position, stopping a pursuit before it even begins). o Precision and Pursuit Driving: Officers will navigate a precision driving course (mock pursuit) with an instructor. Officers will be exposed to a road course where they will need to evaluate prudent speeds and negotiate tight turns based on road conditions and layout all while employing good defensive driving skills. o 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. • Persuant to section 8.1 of the attached contract, the City of Southfield will reimburse the County for any and all OCSO costs. • Persuant to section 8.3 of the attached contract, the OSCO personnel will be assigned to provide Training Services on an overtime basis. The 2025 Hourly Overtime Non-Contracted Rates for the OCSO Staff are as follows: o Lieutenant, $122.50 o Patrol Sergeant, $111 o Deputy II, $90.86 FISCAL IMPACT: Budget Amendment Attached Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Tim Willis Gaia Piir, Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 5/23/2025 AGENDA DEADLINE: 05/08/2025 4:30 PM ATTACHMENTS 1. Schedule A - Sheriff's Office - Southfield Police Officers Drivers Training - MR#2025-5226 2. RM2025-0533 - DRAFT Southfield PIT Training Contract LS 04.16.25c COMMITTEE TRACKING 2025-05-13 Public Health & Safety - Recommend to Board 2025-05-22 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Christine Long Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Brendan Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, Kristen Nelson, Angela Powell, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward (16) No: None (0) Abstain: None (0) Absent: Michael Gingell, Robert Smiley (2) Passed Oakland County, Michigan Sheriff's Office - Southfield Police Officers Drivers Training May 23rd 2025- Dec 31st 2025 - MR#2025-5226 Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ)Region (REG) Budge t Fund Affiliat e (BFA) Ledger Account Summar y Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment R General Fund Emergency Response & PrepFND10100 CCN4030501 RC631827 PRG110110 Reimb Salaries $51,200 $-$- Total Revenues $51,200 $-$- E General Fund Emergency Response & PrepFND10100 CCN4030501 SC712020 PRG110110 Overtime $51,200 $-$- Total Expenditures$51,200 $-$- Oakland County, Michigan Sheriff's Office - Southfield Police Officers Drivers Training May 23rd 2025- Dec 31st 2025 - MR#2025-5226 Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ)Region (REG) Budge t Fund Affiliat e (BFA) Ledger Account Summar y Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment Precision Driving Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 1 of 10 OAKLAND COUNTY SHERIFF'S OFFICE PRECISION DRIVING TRAINING SERVICES CONTRACT FOR CITY OF SOUTHFIELD May 23rd 2025 – December 31st 2025 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. #38 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 Four Training Sessions 2.4.Exhibit D: 2025 Hourly Overtime Non-Contracted 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 Request Training Services. The Municipality may request Training Services by completing and submitting a signed copy of Exhibit B: Request for Training Services to the Sheriff. 5. Obtaining 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 four training sessions is attached as Exhibit C: Estimated Costs for Four Training Sessions. Precision Driving Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 2 of 10 6. Withdrawing Request 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. 7. 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 Sheriff’s 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. Municipality’s Payment 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 sent to: 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 non-contracted cost rates as determined each year by the County Board of Commissioners. The hourly overtime non-contracted cost rates for 2025 are set forth in Exhibit D: 2025 Hourly Overtime Non-Contracted 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 Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 3 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. Compliance with Law, Permits, and Licensing Requirements. 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. Municipality 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. 11.2.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 for Training Services for the Municipality, have legal authority to sign and Precision Driving Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 4 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., May 23rd, 2025, and shall remain in effect until it expires without any further act or notice, at 11:59:59 P.M. on December 31st, 2025. 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 Party 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 6th 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 Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 5 of 10 20. Captions and Contract Language. 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 Exhibit B: 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 Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 6 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: Kenson J. Siver, Mayor WITNESSED: Name: Title: DATE: DATE: 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: DAVID T. WOODWARD, Chairperson, Oakland County Board of Commissioners WITNESSED: Name: Title: DATE: DATE: IN WITNESS WHEREOF, Michael J. Bouchard, Oakland County Sheriff, hereby concurs and accepts the terms and conditions of this Contract: OAKLAND COUNTY SHERIFF, EXECUTED: MICHAEL J. BOUCHARD, Sheriff WITNESSED: Name: Title: DATE: DATE: Precision Driving Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 7 of 10 EXHIBIT A SCOPE OF SERVICES Each training session, conducted by the OCSO Training Unit, will train Municipality police officers in Pursuit Driving and the deployment of Pursuit Termination Techniques (PTT) over the course of four separate training dates. Pursuit Termination Techniques (PTT): Officers will be taught the knowledge through instruction and practical experiences to correctly apply PTT’s 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 Emergency Vehicle Operations (EVO), specifically Pursuit Driving and the deployment of PTT’s (when applicable). The PTT’s are specifically described as: the Precision Immobilization Technique (PIT), Vehicle Intervention (reasonable vehicle to vehicle contact or intentional vehicle collision, outside the scope of PIT, at reasonable speeds, when the intentional contact is not likely to result in personal injury to all involved and any 3rd party in the area of the intentional contact, and minimal vehicle damage to all vehicle involved), Rolling Roadblock/Boxing In, Channeling, and Vehicle Intercept (blocking a vehicle in when stopped or stopping at stationary position, stopping a pursuit before it even begins). Precision and Pursuit Driving: Officers will navigate a precision driving course (mock pursuit) with an instructor. Officers will be exposed to a road course where they will need to evaluate prudent speeds and negotiate tight turns based on road conditions and layout all while employing good defensive driving skills. 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 Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 8 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: FOUR Session(s) of Training Services. Municipality’s Representative for further communication and coordination with OCSO regarding these Training Services is: Name: Title: Address: Shawn Wilson Lieutenant – ERP (Training) 1200 North Telegraph, 38E, Pontiac Email: wilsonsm@oakgov.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 Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 9 of 10 Exhibit C: EXAMPLE OF ESTIMATED OCSO COSTS FOR ONE DAY TRAINING SESSION, FOUR SHIFTS The following is an example of the breakdown of the estimated OCSO Costs for providing four shifts, training session. This is only any estimate. Municipality will be charged the actual OCSO Costs incurred, based on usage and need. Description Session Rate Totals Estimated PTT Operator Instructor Staffing (rate p/session) $11,940 $47,760 Estimated Vehicle Fuel (estimated $3.50 p/gallon x 10-gallon p/vehicle x 10 vehicles) $350 $1,400 Estimated Vehicle Tire Replacement ($170 p/tire x 3 tires p/session) $510 $2,040 Estimated Grand Total $51,200 Precision Driving Training Services Contract for City of Southfield May 23, 2025 – December 31, 2025 Rev. 04/16/2025 Page 10 of 10 Exhibit D: 2025 Hourly Overtime Non-Contracted Rates for OCSO Staff RANK Non- Contracted Overtime Hourly Rate 2025 Lieutenant $122.50 Patrol Sergeant $111.00 Deputy II $90.86