HomeMy WebLinkAboutResolutions - 2014.09.04 - 21487PUBLIC SERVIcE.S-e01MITTEE
MISCELLANEOUS RESOLUTION # 14197 August 20, 2014
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFFS OFFICE - CONTRACT FOR COURT SECURITY AT THE 46TH DISTRICT
COURT — SOUTHFIELD FOR 2015-2017
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 M.R. #14062 authorized a contract for Court Security for the Southfield
District Court through September 30, 2014; 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 Fiscal Years 201512016/2017. .
BE IT FURTHER RESOLVED that four (4) GF/GP PTNE 1,000 hours per year Court
Deputy II positions (4030435-11439,11440,11441,11442) be continued and reviewed in the
budget process.
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.
2015-2017 CONTRACT TO PROVIDE SECURITY FOR THE 46th DISTRICT COURT
SOUTHFIELD
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 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 (PINE) 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. PTNE Deputies Provided. The Oakland County Sheriff will provide certified part time non-eligible
Court Deputy II'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: 46th DISTRICT COURT
By:
HONORABLE
Chief Judge, 46th District Court
Dated:
2015/2016/2017
Schedule A
Sheriff's Office
Cost for 46th District Court-Southfield
Salaries and Fringes
4 PTNE Court Deputy II positions
1,000 ea.
(2014/2015-$18.38 per hour)
(2015/2016-$18.75 per hour)
(2016/2017-$19.12 per hour)
Fringes at 576%
10/1/2014-9/30/2015 10/1/2015-9/30/2016 10/1/2016-9/30/2017
73,520.00
75,000.00
4,234.75 $ 4,320.00
77,754.75 79,320.00
76,480.00
4,405.25
80,885.25
Cost per hour 19.44 $ 19.83 $ 20.22
Operating for one 2000, hr. position
Uniforms
Deputy Supplies
Liability Insurance
Monthly Charge for ea. 2,000 hrs.
Monthly Charge for 4,000 hrs.
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
307.16 $ 313.32 $ 319.58
15,376.00 15,683.52 15,997.19
1,281.33 1,306.96 1,333.10
96,816.75 98,763.24 100,717.36
Actual may be higher due to number of hours worked
Resolution #14197 August 20, 2014
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FINANCE C0,414-17EE
A
FISCAL NOTE (MISC. #14197) September 4, 2014 BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 46TH DISTRICT COURT
— SOUTHFIELD FOR 2015-2017
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:
I. The 46th District Court in the City of Southfield requested that the Sheriff provide security
to the court with PINE Court Deputies (Pos. #11439, 11440, 11441, and 11442).
2. The resolution continues four (4) PTNE 1,000 hour per year Court Deputy II positions
(4030435-11439, 11440, 11441, and 11442) 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 $96,817 in Fiscal
Year 2015, $98,763 in Fiscal Year 2016 and $100,717 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.
Resolution #14197 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).
/ y
I HEREBY APPRO 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 4 th day of September 2014.
Lisa Brown, Oakland County