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HomeMy WebLinkAboutResolutions - 2014.08.20 - 21453MISCELLANEOUS RESOLUTION # 14199 August 20, 2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 48TH DISTRICT COURT— BLOOMFIELD HILLS FOR 20151201612017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 48th District Court in Bloomfield Hills is requesting that the Sheriff continue to provide security to the Court with Part Time Non-Eligible (PTNE) Court Deputies through September 30, 2017, 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. #11183 authorized a contract for Court Security for the Bloomfield Hills District Court through September 30, 2014; and WHEREAS the contract to provide services through September 30, 2017 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 Hills for the Fiscal Years 2015/2016/2017. BE IT FURTHER RESOLVED that the three (3) PTNE 1,000 hrs/yr Court Deputy 11 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 coiymar PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. 2014-2017 CONTRACT TO PROVIDE SECURITY FOR THE 48TH DISTRICT COURT BLOOMFIELD HILLS THIS CONTRACT is entered into 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 48th 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 ll'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. PTNE Deputies Provided. The Oakland County Sheriff will provide certified part time non-eligible Court Deputy ll's for Court security at the 48th District Court during normal COURT business hours in accordance with the attached Schedule A. 2. Payment. 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 of the PTNE Court Deputy II's, and a monthly operating fee to cover the cost of the PTNE Court Deputy ll's uniforms, supplies, liability insurance, portable radios, etc. The rates established by Schedule A will be adjusted by the COUNTY at the beginning of each fiscal year of the COUNTY to reflect any changes in cost to the COUNTY for providing PTNE Court Deputies to the Court. Within 10 days of receipt of a monthly invoice from the COUNTY, payments by the COURT shall be made payable to the County of Oakland and delivered to the attention of: Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac MI 48341-0479. 3. Term. The term of this Contract shall be from October 1,2014 until September 30, 2017. 4. Termination. Either the COUNTY or the COURT may terminate this Agreement, prior to its September 30, 2017 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. 5. Renewal. 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, 2017. 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, 2017. In no event shall this paragraph 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. 6. Claims Against Parties. 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. For 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. 7. No Indemnification. 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. 8. Governmental Immunity and Authority Unaffected. This Agreement does not 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. IN WITNESS WHEREOF, the parties, through their representatives, warrant that they have full and complete authority to enter into, execute and perform this Contract, and have executed this Contract as of the date set forth below. WITNESSES: COUNTY OF OAKLAND By: MICHAEL J GINGELL., Chairperson, Oakland County Board of Commissioners Dated: WITNESSES: 48TH DISTRICT COURT By: HONORABLE DIANE D'AGOSTINI Chief Judge, 48TH District Court Dated: 2 20151201612017 Schedule A Sheriffs Office Cost for 48th District Court Salaries and Fringes 10/1/2014-9/30/2015 10/1/2015-9/30/2016 10/1/2016-9/30/2017 3 PTNE Court Deputy II positions 1,000 ea. (2014/2015-$18.38 per hour) $ 55,140.00 (201512016-$18.75 per hour) $ 56,250.00 (201612017-$19.12 per hour) Fringes at 5.76% $ 3,176.06 $ 3,240.00 $ 58,316.06 $ 59,490.00 $ 57,360.00 $ 3,303.94 $ 60,663.94 Cost per hour $ 19.44 $ 19.83 $ 20.22 Operating for one 2,000 hr. position Uniforms Deputy Supplies Liability Insurance 472.00 389.00 982.00 1,843.00 $ 481.44 $ 396.78 $ 1,001.64 $ 1,879.86 $ 491.07 $ 404.72 $ 1,021.67 $ 1,917.46 Monthly Charge for ea. 2,000 hrs. Monthly Charge for 3,000 hrs. $ $ 153.58 $ 230.38 $ 156.66 $ 234.98 $ 159.79 239.68 Annual Charge for Sergeant $ 11,532.00 $ 11,762.64 $ 11,997.89 Monthly Charge for Sergeant $ 961.00 $ 980.22 $ 999.82 Estimated Annual costs $ 72,612.56 $ 74,072.43 $ '75,538.01 Actual may be higher due to number of hours worked Resolution #14199 August 20, 2014 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.