HomeMy WebLinkAboutResolutions - 2016.03.17 - 22221REPORT (MISC #16036) March 17, 2016
BY: Human Resources Committee, Bob Hoffman, Chairperson
IN RE: MR #16036 - SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR CONTRACT FOR
COURT SECURITY AT THE 43RD DISTRICT COURT - FERNDALE FOR 20161201612017
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on March 9, 2016,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PUBLIC SERVICES COMMITTEE
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 201512016/2017
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 43rd District Court in Ferndale has contracted with the Oakland County Sheriff's Office to
provide security for the court with Part Time Non-Eligible (PTNE) Court Deputies through September 30,
2017 (MR. #14205); and
WHEREAS the 43 rd 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 43rd 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
2016-2017 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 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 Amendment #1 to Schedule A.
2. Payment. The COURT will pay the COUNTY for each PTNE 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 II'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 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 end 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.
1
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 10/112016-9/30/2017
4 PTNE Court Deputy II 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 $ 982.14
$ 793.56 $ 809.43
$ 2,003.28 $ 2,043.35
$ 3,759.72 $ 3,834.91
Monthly Charge for 4,000 hrs. 313.31 $
319.58
Annual Charge for Sergeant 7,841.76 7,998.60 Monthly Charge for Sergeant
653.48 666.55
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,
FY 2016 FY2017- FY2018
Reimb. Court Svcs.
Total Revenues
$ 25,640
$ 25,640
$ 52,276
$ 52,276
Salaries
Overtime
Social Sec.
Retirement
Workers Comp
Unemployment
Deputy Supplies
Uniforms
Insurance Fund
Total Expenditures
$ 18,750
3,920
272
491
257
60
397
491
1,002
$ 25,640
$ 38,240
8,000
554
1,002
524
122
809
982
2,043
$ 52,276
FISCAL NOTE (MISC. #16036) March 17, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — CONTRACT AMENDMENT #1 FOR COURT SECURITY AT THE 43RD
DISTRICT COURT — FERNDALE 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 in Ferndale is requesting additional service from the Sheriff's
Office.
2. The resolution is authorizing the creation of two (2) new 1,000 hour Part-Time Non-
Eligible Court Deputy II positions in the Court Security unit of the Corrective Services —
Satellites Division.
3. The contract amendment shall take effect March 19, 2016.
,4. A budget amendment is recommended:
GENERAL FUND #10100
Revenue
4030401-121280-631806
Expenditures
4030601-121280-702010
4030601-121280-712020
4030601-121280-722790
4030601-121280-722770
4030601-121280-722750
4030601-121280-722820
4030601-121280-750070
4030601-121280-750581
4030601-121280-774677
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll calf vote with Woodward absent.
Resolution #16036 March 17, 2016
Moved by Kochenderfer supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Bowman,
Crawford. (19)
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 March 17,
2016, 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 17 th day of March, 2016.
Lisa Brown, Oakland County