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HomeMy WebLinkAboutResolutions - 2014.09.04 - 21491REPORT (MISC. #14205) September 4, 2014 BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF'S OFFICE — CONTRACT FOR COURT SECURITY AT THE 43 R0 DISTRICT COURT — FERNDALE FOR 20151201612017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on August 27, 2014 reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of irHiloytt bMAN RESOIJ ROES COSIMITTEE HUMAN RESOURCES COMMITTEE Motion carried unanimously on a roll call vote with Hoffman, Jackson and Runestad absent. MISCELLANEOUS RESOLUTION # 14205 September 4, 2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AN THE 43RD DISTRICT COURT - FERNDALE FOR 2015/2016/2017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 43rd District Court in Ferndale is requesting that the Sheriff provide security to the Court with Part Time Non-Eligible (2TNE) 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 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 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 - Ferndale for the Fiscal Years 2015/2016/2017. BE IT FURTHER RESOLVED that two (2) PTNE 1,000 hrs./yr. Court Deputy II positions (4030435) be created. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Motion to directly refer the resolution to the Human Resources Committee and Finance committee carried on a voice vote. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. 2015-2017 CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-FERNDALE 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-FERNDALE, 305 E. Nine Mile Rd, Ferndale, MI 48220 (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 ll's for Court security at the Court during normal COURT business hours in accordance with the attached Schedule A. 2. Payment. The COURT will pay the COUNTY for each PINE 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 Chief Judge, 43rd District Court Dated: ') 472.00 389.00 982.00 1,843.00 153.58 $ 7,688.00 640.67 48,408.38 481.44 396.78 1,001.64 1,879.86 156.66 $ 7,841.76 653.48 49,381.62 491.07 404.72 1,021.67 1,917.46 159.79 7,998.60 666.55 50,358.68 2015/2016/2017 Schedule A Sheriffs Office Cost for 43rd District Court-Ferndale Salaries and Fringes 10/1/2014-9/30/2015 10/1/2015-9/30/2016 10/1/2016-9/30/2017 2 PTNE Court Deputy II positions 1,000 ea. (2014/2015418,38 per hour) 36,760.00 (2015/2016-$18.75 per hour) 37,500.00 (2016/2017-$19.12 per hour) Fringes at 5.76% 2,117.38 2,160.00 38,877.38 39,660.00 38,240.00 2,202.62 40,442.62 Cost per hour 19.44 $ 19.83 20.22 Operating for one 2,000 hr. position Uniforms Deputy Supplies Liability Insurance Monthly Charge for ea. 2,000 hrs. $ Annual Charge for Sergeant Monthly Charge for Sergeant Estimated Annual costs Actual may be higher due to number of hours worked Oakland County Department of Corporation Counsel Request for Legal Assistance* (See 'Note' below) PRIVILEGED AND CONFIDENTIAL —ATTORNEY/CLIENT COMMUNICATION Date: August 26, 2014 Requested By: Dale Cunningham Phone Number: 248-858-5512 Department:Sheriff Contact Person: Dale Cunningham Authorization (Elected Official/Dept. Head/Division Manager or Other Authorized Supervisor) Signature: Division: Front Office Email address: cunninghamd@oakgov.com Contact Person is the individual authorized by the Department HeadlManager to represent the department in t h i s m a t t e r _ T h e C o n t a c t Person should be authorized to decide any 'client! -issues, make necessary buSineas decisions as well as provide any additional factual information or documents requested. This individual must also:be able to participate in•any negotiations o r d i s p u t e r e s o l u t i o n with third parties as necessary. BRIEF SUMMARY OF LEGA QUESTION Request for review of contract. The 43rd Ferndale District Court is requesting Security from the Sheriffs Office. I have attached a draft contract and cost schedule. Requesting Department is responsible for providing all factual and historical. background .informatibn/document a t i o n i n c l u d i n g , b u t not limited to all applicable Board of 'Commissioners. resolutions, County policies grants, prior leg a l o p i n i o n s ; contractual details or requirements, Department actions, etc., that Might bear on the immediate request. • Corporation Counsel legal response will not begin until all relevant documentation has been received ,and.will,be based-upon:the facts, information,.and documents provided. DESIRED RESPONSE'TIMEFRAIVIE (brief explanation — e.g. Board of Commissioners meeting; contract .expiration; hearing date; mai l i n g d e a d l i n e ; e t c . , t o a s s i s t Corporation Counsel in establishing priorities) Needs to be approved this week so we can present to Committee by September 9. Attachments: El Yes 0 No Sending by: El Inter-County mail Email 0 Hand delivery THIS COMPLETED FORM, WITH REQUIRED AUTHORIZATION CAN BE "E-MAILED" TO: corpcounseloakoov.com OR SENT BY FAX: (248) 858-1003 Deliver hard copies to the attention of: Corporation Counsel Assignments • *NOTE:-.' ANY NEW LAws.unr, FREEDOM OF -INFORMATION; ACT.:REQUESTS -,,EE0C, M:DCR COMPLAINTS AND RELATED DOCUMENTS SHOULD BE DATE STAMPED AND - HAND7DELIVERED-p.N'THE ,PAY RECEIVED Dale Cunningham From: Sent: To: Cc: Subject Cullen, Sharon <cullensh©oakgov.com › Monday, August 25, 2014 2:49 PM 'Dale Cunningham' 'McCabe, Mike'; 'Robert Smith'; 'Snarey, Charles'; Nicole Tebin; 'Blaszczak, Mike'; 'Davis, Patricia'; 'Lerminiaux Keith'; 'Shortley, Joelien' #2014-0909 FY2015-2017 43rd District Court (Ferndale) Security Interlace! Agreement - Part-time (PTNE) Court Deputies Privileged and Confidential - Attorney-Client Communication Please be advised that your above referenced request for this office's assistance has been assigned to Nicole Tabin (ext. 81475). If you have not done so already, please forward immediately all related information/documentation, including all applicable Board of Commissioners resolutions or other authorizations, regarding your request to the attorney assigned. Nicole will be contacting your office's contact person to further discuss this matter within the next day or so. If you find this requires immediate attention, please do not hesitate to contact Nicole directly. Also, it would assist our office if in any future correspondence or e-mail regarding this matter your department could include the above eight (8) digit file number. This will allow us to better direct and respond to all such writings. OAKLAND-7 nuJ p,ry C.Alq Sharon L. Cullen Technical Assistant Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 Phone Number: (248) 858-1946 Fax Number: (248) 858-1003 E-mail: ourlensh@oakgov.com PRIVILEGED AND CONFIDENTIAL—ATTORNEY CLIENT COMMUNICATION This e-mall is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attomey-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 1 Salaries Overtime Social Sec. Retirement Workers Comp Unemployment Deputy Supplies Uniforms Insurance Fund Total Expenditures $ 36,760 7,688 533 962 504 118 389 472 982 $ 48,408 $ 37,500 7,842 544 982 514 120 397 481 1,002 $ 49,382 $ 38,240 7,999 554 1,002 524 122 405 491 1,022 $ 50,359 FISCAL NOTE (MISC. #14205) September 4, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT — FERN DALE FOR 2015/2016/2017 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: 1. The 43rd District Court requested that the Sheriff provide security to the court with PINE Court Deputies. 2. The resolution authorizes the creation of two (2) PTNE Court Deputy II positions at 1,000 hours each per year in the Court Security unit of the Corrective Services — Satellites Division (4030435). 3. The contract shall be effective from October 1, 2014 through September 30, 2017. 4. The operating revenue and expenses generated by this contract total $48,408 in Fiscal Year 2015, $49,382 in Fiscal Year 2016 and $50,359 in Fiscal Year 2017. 5. A budget amendment is recommended: GENERAL FUND #10100 4030401-121280-631806 Reimb. Court Svcs. Total Revenues FY 2015 FY2016 FY2017 5 48 408 $ 49,382 $ 50,359 $ 48,408 $ 49,382 $ 50,$59 Sheriff Patrol Services Expenditures 4030601-116181-702010 4030501-116230-712020 4030601-116181-722790 4030601-116181-722770 4030601-116181-722750 4030601-116181-722820 4030601-116181-750070 4030601-116181-750581 4030601-116181-774677 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #14205 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). f r I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUT1VE 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. Lisa Brown, Oakland County