HomeMy WebLinkAboutResolutions - 2014.04.17 - 21270REPORT (MISC . #14062) April 17, 2014
BY: Human Resources Committee, John Scott, Chairperson
IN RE: MR #14062 — 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:
The Human Resources Committee, having reviewed the above referenced resolution on
April 2, 2014, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of
the foregoing report.
HUMAN RESOURCES COMMITTEE
Motion carried unanimously on a roll call vote with Jackson absent.
MISCELLANEOUS 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 (PINE) 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 PTNE 1,000 hours per year Court
Deputy ll 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 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 Irs
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 Irs 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 contrac
t
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 th
e
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 interprete
d
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: 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
L. 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
ADMINISTRATOR
CYNTHIA ARVANT
248-796-5800
CIVIL DIVISION
248-796-5870
March 3, 2014
Sheriff Michael Bouchard
1200 North Telegraph Road
Pontiac, MI
Re: Letter of Agreement
Dear Sheriff Bouchard:
Please allow this to serve as a Letter of Agreement between the 46 th District Court and the
Oakland County Sheriff Department. The 46th 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 46th 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
DISTRICT JUDGES
The Honorable
SHELIA RJOHNSON
248-796-5810
The Honorable
DEI3RA NANCE
248-796-5820
The Honorable
WILLIAM J. RICHARDS
248-796-5830
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 J. RICHARDS
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.46thdistrictcou rt.com
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.
NCE COMMITTEE
FISCAL NOTE (MISC. #14062) April 17, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 46TH DISTRICT
COURT SOUTHFIELD FOR 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 46th District Court in the City of Southfield has requested that the Sheriff provide
security to the court with PTNE Court Deputies.
2. With this resolution, four (4) GFGP PTNE 1,000 hour per year Court Deputy ll positions
will be created in the Court Security unit of the Corrective Services — Satellites Division.
3. The contract shall be effective from the date signed through September 30, 2014.
4. The operating revenue and expenses generated for the term of this contract total $41,813
for Fiscal Year 2014.
5. A budget amendment is recommended as follows:
FY 2014
GENERAL FUND #10100
Revenue
4030401-121280-631806-62220
Expenditures
4030401-121280-702010-62220
4030401-121280-722790-62220
4030401-121280-722820-62220
4030401-121280-722750-62220
4030401-121280-722770-62220
4030401-121280-750070-62220
4030401-121280-750581-62220
4030401-121280-774677-62220
4030401-121280-712020-62220
Reimb. Court Services
Total General Fund Revenue
Salary
Social Sec.
Unemployment
Workers Comp
Retirement
Deputy Supplies
Uniforms
Liability Insurance
Overtime
Total General Fund Expenditures
$41,813
$41,813
$35,700
518
114
482
893
826
984
1,876
420
$41,813
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #14062 April 17, 2014
Moved by Crawford supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
Vote on amended Consent Agenda:
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
6144, sti)
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY 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 Commissioners on April 17, 2014,
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 17th day of April 2014.
Lisa Brown, Oakland County