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Home My WebLink AboutResolutions - 2016.02.17 - 22214PUBLIC SERV! , COMMITTEE // / -1 --- ----- MISCELLANEOUS RESOLUTION #16036 February 17, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT AMENDMENT #1 FOR CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT-FERNDALE FOR 20151201612017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized the Sheriff to contract with local District Courts for court security; and WHEREAS the 43 rd District Court in Ferndale has contracted with the Oakland County Sheriffs Office to provide security for the court with Part Time Non-Eligible (PINE) Court Deputies through September 30, 2017 (M.R. #14205); and WHEREAS the 431d District Court in Ferndale is requesting additional service; and WHEREAS the Sheriff has agreed to the additional hours for the Court; and WHEREAS this request has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Amendment #1 to the original Oakland County Sheriffs Office 2015/2016/2017 Contract for Court Security at the 43 rd District Court-Ferndale. BE IT FURTHER RESOLVED that the Chairperson of the Board be authorized to sign Amendment #1 with the 43rd District Court-Ferndale. BE IT FURTHER RESOLVED that two (2) 1,000 hour/year Court Deputy II positions (4030435) be created. BE IT FURTHER RESOLVED that this amendment will take effect March 19, 2016. 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 Dwyer absent. FIRST AMENDED 2015-2017 CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-FERNDALE THIS FIRST AMENDED 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 an increased number of 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 48th District Court during normal COURT business hours in accordance with the attached Amendment #1 to Schedule A. 2. Payment. The COURT will pay the COUNTY for each PINE Court Deputy II at the rate established by the attached Amendment #1 to 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 Amendment #1 to 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 PINE 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 First Amended Contract, 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 First Amended Contract, 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 contract for Court Security upon the expiration of this First Amended Contract, 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 contract, 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 First Amended 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 First Amended Contract, 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 First Amended Contract, 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 First Amended Contract 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 First Amended Contract 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 First Amended Contract, and have executed this First Amended 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: 2 2015/2016/2017 Schedule A Amendment #1 19-Mar-16 Sheriff's Office Cost for 43rd District Court-Ferndale Salaries and Fringes 10/1/2015-9/30/2016 10/1/2016-9/30/2017 4 PTNE Court Deputy H positions 1,000 ea. (2015/2016-$18.75 per hour) 75,000.00 (2016/2017-$19.12 per hour) 76,480.00 Fringes at 5.76% 4,320.00 4,405.25 79,320.00 80,885.25 Cost per hour 19.83 $ 20.22 Operating for one 2,000 hr. position Uniforms Deputy Supplies Liability Insurance 962.88 $ 793.56 $ 2,003.28 $ 3,759.72 $ 313.31 $ 7,841.76 653.48 982.14 809.43 2,043.35 3,834.91 319.58 7,998.60 666.55 Monthly Charge for 4,000 hrs. Annual Charge for Sergeant Monthly Charge for Sergeant Estimated Annual costs 90,921.48 92,718.76 Actual may be higher due to number of hours worked Resolution #16036 February 17, 2016 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections,