HomeMy WebLinkAboutResolutions - 2014.09.04 - 21485MISCELLANEOUS RESOLUTION # 14195 August 20, 2014
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 43RD
DISTRICT COURT - HAZEL PARK FOR 2015/2016/2017
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 43rd District Court in Hazel Park 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 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. #11187 authorized a contract for Court Security for
the Hazel Park 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 43rd District Court-Hazel
Park for the Fiscal Years 2015/2016/2017.
BE IT FURTHER RESOLVED that each of the two (2) PTNE 1,720 hr./yr
Court Deputy II positions (4030435-10382 & 10383) be continued and
reviewed in the budget process.
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.
2015-2017 CONTRACT TO PROVIDE SECURITY FOR THE 43rd DISTRICT COURT
HAZEL PARK
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 43RD DISTRICT COURT, Hazel Park Division, 43 E. Nine Mile Road, Hazel Park,
MI 48030 (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 43rd 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 Irs for Court security at the 43 rd 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: 43rd DISTRICT COURT
By:
HONORABLE CHARLES G. GOEDERT
Judge, 43rd District Court
Dated:
2
2015120'16/2017
Schedule A
Sheriff's Office
Cost for 43rd District Court-Hazel Park
Salaries and Fringes
2 PTNE Court Deputy II positions
1,720 ea. =, 3,440
(201412015-$18.38 per hour)
(201512016-$18.75 per hour)
(2016/2017-$19.12 per hour)
Fringes at 5.76%
10/1/2014-9/30/2015 10/1/2015-9/30/2016 1011/2016-9/30/2017
63227.20
64,500.00
65,772.80
3,641.89 3,715.20 3,788.51
66,869.09 68,215.20 69,561.31
Cost per hour 19.44 $ 19.83 $ 20.22
Operating for one 2000, position
Uniforms
Deputy Supplies
Liability Insurance
Monthly Charge for ea. 2,000 hrs.
Monthly Charge for 3,440 hours
Annual Charge for Sergeant
Monthly Charge for Sergeant
Estimated Annual costs
472.00 481.44 491.07
389.00 396.78 404.72
982.00 1,001.64 1,021.67
1,843.00 1,879.86 1,917.46
153.58 $ 156.66 $
159.79
285.66 $ 291.39 $ 297.21
7,688.00 $ 7,841.76 7,998.60
640.67 $ 653.48 666.55
77,985.07 79,553.50 81,126.38
Actual may be higher due to number of hours worked
Resolution #14195 August 20, 2014
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE(MISC . #14195) September 4, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE — CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT
— HAZEL PARK FOR 20161201612017
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 43rd District Court requested that the Sheriff provide security to the court with two (2)
PTNE Court Deputies.
2. The resolution continues funding for two (2) PTNE Court Deputy II positions (4030435-
10382 & 10383); at authorized hours of 1,720 hours per year in the Court Security unit of
the Corrective Services — Satellites Division.
3. The contract shall be effective October 1, 2014 through September 30, 2017.
4. The operating revenue and expenses generated by this contract total $77,985 in Fiscal
Year 2015, $79,554 in Fiscal Year 2016 and $81,126 in Fiscal Year 2017.
5. No budget amendments are necessary, revenue and expense budgets were amended
during the County Executive Recommended phase of the budget process in anticipation
of contract renewal.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Quarles absent.
Resolution #14195 September 4, 2014
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack,
Bosnic, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 September 4,
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 4th day of September 2014.
xffidd/
Lisa Brown, Oakland County