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HomeMy WebLinkAboutResolutions - 2014.03.19 - 21241MISCELLANEOUS RESOLUTION # 14062 March 19, 2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 46TH DISTRICT COURT SOUTHFIELD FOR 2014 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 46th District Court in Southfield is requesting that the Sheriff 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 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 the contract to provide services through September 30, 2014 has been approved through the County Executive review process; and WHEREAS 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 46th District Court-Southfield for the remainder of Fiscal Year 2014. BE IT FURTHER RESOLVED that four (4) GF/GP PINE 1,000 hours per year Court Deputy II positions be created in the Court Security Unit, Corrective Services Satellite Division (4030435). BE IT FURTHER RESOLVED that the positions be continued contingent upon renewal of this contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with McGillivray absent. 2014 CONTRACT TO PROVIDE SECURITY FOR THE 46th DISTRICT COURT SOUTHFIELD THIS CONTRACT entered into on the first day of April, 2014, between the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter "COUNTY"), and the 46th DISTRICT COURT, 26000 Evergreen Road, Southfield MI 48076 (hereinafter "COURT"), for the purpose of providing security for the 46th 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 46th District Court has requested that the Oakland County Sheriff provide part time non-eligible (PTNE) Court Deputyll'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 II's for Court security at the 46th 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 II 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 ll'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 II'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 tha n 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 WITNESSES: By: MICHAEL J GINGELL., Chairperson, Oakland County Board of Commissioners Dated: 46th DISTRICT COURT By: HONORABLE Judge, 46th District Court Dated: 2014 Schedule A Sheriffs Office Cost for 46th District Court Salaries and Fringes 4 PTNE Court Deputy II positions 1,000 ea. (2013/2014-$17.85 per hour) Fringes at 6.8% Cost per hour 10/1/2013-9/30/2014 71,400.00 4,855.20 76,255.20 19.06 Operating Portable Radio Uniforms Deputy Supplies Liability Insurance Monthly Operating Fee for ea. 1,000 hour position times 4 positions times 12 mos Estimated Annual costs $- 492.00 413.00 938.00 1,843.00 153.58 7,731.84 $ 83,626.84* *Actual may be higher due to number of hours worked STATE OF MICHIGAN 46th DISTRICT COURT DISTRICT JUDGES The Honorable SHELIA RJOHNSON 248-796-5810 The Honorable DEBRA NANCE 248-796-5820 March 3, 2014 Sheriff Michael Bouchard 1200 North Telegraph Road Pontiac, Ml Re: Letter of Agreement The Honorable WILLIAM J. RICHARDS 248-796-5830 ADMINISTRATOR CYNTHIA ARVANT 248-796-5800 CIVIL DIVISION 248-796-5870 Dear Sheriff Bouchard: Please allow this to serve as a Letter of Agreement between the 46 1" District Court and the Oakland County Sheriff Department. The 46 th District Court agrees to pay the Oakland County Sheriff Department an hourly wage of $19.06 for each PTNE that is assigned to perform security services at the 46 th District Court Building until such time that the agreement may be formalized and accepted by the Oakland County Board of Commissioners. Please call me at 248.796.5806 if you have any questions. Sincerely, Cynthia Arvant Magistrate/Court Administrator CIVIL INFRACTION/ PARKING DIVISION 248-796-5860 MISDEMEANOR/ FELONY DIVISION 248-796-5880 PROBATION DEPARTMENT 248-796-5850 TDD 248-354-3329 www.46thdistrictcourt.com 26000 Evergreen Road • P.O. Box 2055 • Southfield, Michigan 48037-2055 STATE OF MICHIGAN 46th DISTRICT COURT March 3, 2014 Sheriff Michael Bouchard 1200 North Telegraph Road Pontiac, MI Dear Sheriff Bouchard: Please accept this letter as a formal request to contract Oakland County Deputy Sheriffs to provide security at the 46 th District Court in Southfield. I understand that your agency provides a similar service to other District Courts throughout Oakland County with much success. We value professionalism and integrity just as you do and a collaboration between your Sheriff Deputies and our Court Officers would allow for a safer, more secure Court building. DISTRICT JUDGES The Honorable SHELIA R. JOHNSON 248-796-5810 The Honorable DEBRA NANCE 248-796-5820 The Honorable WILLIAM]. R.ICHARDS 248-796-5830 Please let me know what the next step is. We look forward to working with you and members of your agency. ADMINISTRATOR Sincerely, CYNTHIA ARVANT 248-796-5800 Cynthia Arvant Magistrate/Administrator CIVIL DIVISION 248-796-5870 CIVIL INFRACTION/ PARKING DIVISION 248-796-5860 MISDEMEANOR/ FELONY DIVISION 248-796-5880 PROBATION DEPARTMENT 248-796-5850 TDD 248-354-3329 www.46thdistrictcourtcorn 26000 Evergreen Road • P.O. Box 2055 • Southfield, Michigan 48037-2055 Resolution #14062 March 19, 2014 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections.