HomeMy WebLinkAboutResolutions - 2011.08.31 - 18715FISCAL REPORT (MISC. #11183)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT — CONTRACT FOR COURT SECURITY AT THE 48 TH
DISTRICT COURT — BLOOMFIELD TOWNSHIP
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, recommends
the following changes:
Strike the word Township and insert the word Hills in the Resolution title, l st and 3rd
WHEREAS, and NOW THEREFORE BE IT RESOLVED paragraphs.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the
foregoing report.
FINANCE COMMITTEE
August 18, 2011
MISCELLANEOUS RESOLUTION #11183
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 48TH
DISTRICT COURT — BLOOMFIELD TOWNSHIP FOR 2012/2013/2014
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 48th District Court in Bloomfield Township is requesting that the Sheriff
continue to provide security to the Court with Part Time Non-Eligible (PTNE) Court Deputies
through September 30, 2014, and the Board of Commissioners has authorized District Courts the
opportunity to contract for security; and
WHEREAS the Court is requesting to continue the contract for PTNE Court Deputies to
provide the ability to quickly respond to and control situations, minimizing the risk to both the
public and District Court staff; and
WHEREAS M.R. #08152 authorized a contract for Court Security for the Bloomfield
Township District Court through September 30, 2011; and
WHEREAS the contract to provide services through September 30, 2014 has been
approved through the County Executive review process; and
WHEREAS the approval of the contract to reimburse the County for this service will be
necessary (see attached contract and Schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board to enter into the attached contract for
Court Security with the 48th District Court-Bloomfield Township for the Fiscal Years
2012/2013/2014.
BE IT FURTHER RESOLVED that the three (3) PINE 1,000 hrs/yr Court Deputy ll
positions (4030435-09007, 09008 & 09899) be continued and be reviewed in the budget process.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote
Motion carried unanimously an a roll call vote
2011-2014 CONTRACT TO PROVIDE SECURITY FOR THE 48TH DISTRICT COURT
BLOOMFIELD HILLS
THIS CONTRACT entered into on the first day of October, 2011, between the COUNTY OF
OAKLAND ; a Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac,
Michigan 48341 (hereinafter "COUNTY"), and the 48TH DISTRICT COURT, 4280 Telegraph Road,
Bloomfield Hills MI 48302 (hereinafter "COURT"), for the purpose of providing security for the 43rd District
Court pursuant to the following terms and conditions; and,
WHEREAS, the Oakland County Sheriff is required to provide security for the Court when
requested by the District Courts of the Third Class; and,
WHEREAS, the District Courts of the Third Class are required to pay for the Court security so
provided; and,
WHEREAS, the 48th District Court has requested that the Oakland County Sheriff provide part
time non-eligible (PTNE) Court Deputy II's for security;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the COUNTY and the COURT agree as follows:
(1) The Oakland County Sheriff will provide certified part time non-eligible Court Deputy Il's
for Court security at the 48th District Court during normal COURT business hours
(2) Each party shall be responsible for any CLAIMS made against that party and for the acts
of its Employees or Agents. CLAIMS shall be defined to include any and all losses, complaints, demands
for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and
expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigation, litigation expenses, amounts paid in settlement, and /or any other amount for which
either party becomes legally and/or contractually obligated to pay, whether direct, indirect or
consequential, whether based upon any alleged violation of the constitution (federal or state), any statute,
rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
(3) In any CLAIMS that may arise from the performance of this Agreement, each Party shall
seek its own legal representation and bear the costs associated with such representation including any
attorney fees.
(4) 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) 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) The COURT will pay the COUNTY for each PTNE Court. Deputy H at the rate established
by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The
COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE
Court Deputy II's uniforms, supplies, liability insurance, and portable radio, all of which are associated
with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to
the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours
worked, fringe benefits and operating costs of the PTNE Court Deputy Il's.
(7) The term of this Contract shall be from the date first signed above until September 30,
2014. The parties agree that rates established by Schedule A will be renewed at the beginning of each
fiscal year of the COUNTY and that the hourly rate, fringe benefit rate, and the monthly operating rate will
be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a
PTNE Court Deputy Sheriff to the Court.
(8) Either the COUNTY or the COURT may terminate this Agreement, prior to its September
30, 2014 expiration upon written notification at least ninety (90) days prior to the proposed termination
date, which date shall be clearly stated in the written notice. Upon the expiration or termination of the
Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract
shall end.
(9) In the event that the COURT wishes to enter into a new agreement for Court Security
upon the expiration of this Agreement, it will notify the COUNTY, in writing, of this intent no later than
June 30, 2014. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the
COUNTY has a similar interest, the COUNTY shall present the COURT with a new proposed contract for
continued Court Security on, or before, August 30, 2014. In no event shall this paragraph be interpreted
to obligate the COUNTY or the COURT to continue any contract for any Court Security beyond the
expiration of this contract unless a new fully executed contract is executed by the parties.
The parties, through their representatives, warrant that they have full and complete authority to
enter into, execute and perform this Contract.
IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below.
WITNESSES: COUNTY OF OAKLAND
By:
MICHAEL J GINGELL., Chairperson,
Oakland County Board of Commissioners
Dated:
WITNESSES: 48TH DISTRICT COURT
By:
HONORABLE MARC B. BARRON
Judge, 48TH District Court
Dated:
2012/2013/2014
Schedule A
Sheriff's Office
Cost for 48th District Court
Salaries and Fringes 10/1/2011-9/30/2012 10/1/2012-9/30/2013 10/1/2013-9/30/2014
3 PTNE Court Deputy II positions
1,000 ea.
(2011/2012-$17,50 per hour) 52,500.00
(2012/2013-$17.67 per hour) 53,010.00
(201312014-$17.85 per hour) 53,550.00
Fringes at 6.8% 3,570.00 $ 3,604.68 $ 3,641.40
56,070.00 $ 56,614.68 $ 57,191.40
Cost per hour 18.69 $ 18.87 $ 19.06
Operating
Portable Radio $- $- $-
Uniforms $ 464.00 $ 478.00 $ 492.00
Deputy Supplies $ 390.00 $ 401.00 $ 413.00
Liability Insurance $ 776.00 $ 853.00 $ 938.00
$ 1,630.00 $ 1,732.00 $ 1,843.00
Monthly Charge for ea. 1,000 135.83 $ 227.25 $ 234.17
hour position
Estimated Annual costs 57,700.00 $ 58,346.68 $ 59,034.40
Actual may be higher due to number of hours worked
Resolution #11183 August 18, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
August 31, 2011
FISCAL NOTE (MISC. #11183)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 48TH DISTRICT
COURT — BLOOMFIELD HILLS FOR 2012/2013/2014
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The 48th District Court requested that the Sheriff provide security to the court with PTNE
Court Deputies (Pos. #09007, 09008 and 09899).
2. Miscellaneous Resolution #8152 authorized a contract extension for court security for the
Bloomfield Hills District Court through September 30, 2011. The court is requesting to
continue the contract for Fiscal Years 2012/2013/2014.
3. The resolution continues funding for three (3) PTNE Court Deputy II positions (4030435-
09007, 09008 & 09899) at 1,000 hours per year in the Court Security unit of the
Corrective Services — Satellites Division.
A The contract shall be effective from the date signed through September 30, 2014.
5. The operating revenue and expenses generated by this contract total $57,700 in Fiscal
Year 2012, $58.347 in Fiscal Year 2013 and $59,034 in Fiscal Year 2014.
6. No budget amendments are necessary, revenue and expense budgets were included in
the FY 2012, FY 2013, and FY 2014 County Executive Recommended Budget.
FINANCE COMMITTEE
Finance Committee Vote:
Motion carried unanimously on a roll call vote with Greimel absent
Resolution #11183 August 31, 2011
Moved by Runestad supported by McGillivray the resolution (with fiscal note attached) be adopted.
Moved by Runestad supported by McGillivray the Finance Committee report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward,
Zack, Bosnic, Covey, Crawford, Dwyer. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 August 31,
2011, 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 County of Oakland at
Pontiac, Michigan this 31 st day of August, 2011.
LL tQL1 694,
Bill Bullard Jr., Oakland County