HomeMy WebLinkAboutResolutions - 2017.08.10 - 23060MISCELLANEOUS RESOLUTION #17219 July 19, 2017
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE- CONTRACT FOR COURT SECURITY AT THE 47TH DISTRICT COURT —
FARMINGTON HILLS FOR FISCAL YEARS 201812019/2020
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 47th District Court in Farmington Hills is requesting that the Sheriff continue to provide
security to the Court with Part Time Non-Eligible (PTNE) Court Deputies through September 30, 2020,
and the Board of Commissioners has authorized District Courts the opportunity to contract for security;
and
WHEREAS the Court is requesting to continue 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 M.R. #14199 authorized a contract for Court Security for the Farmington Hills District Court
through September 30, 2017; and
WHEREAS the contract to provide services through September 30, 2020 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 47th District Court-
Farmington Hills for the Fiscal Years 2018/2019/2020.
BE IT FURTHER RESOLVED to continue two (2) PTNE 1,000 hrs/yr Court/Park Deputy positions
(4030435-09992 & 09993) and one (1) PTNE 500 hrs/yr Court/Park position (4030435-09994) contingent
upon the level of funding associated with this contract.
Chairperson, on behalf of the Public Services Committee, I move the adopti9npf the foregoing resolution.
CO.Mmissfoner Bill Dwyer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Tietz absent.
2017-2020 CONTRACT TO PROVIDE SECURITY FOR THE 47TH DISTRICT COURT
FARM INGTON HILLS
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 47TH DISTRICT COURT, 31605 Eleven Mile Road, Farmington Hills, Ml 48336
(hereinafter "COURT"), for the purpose of providing security for the 47th 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 47th District Court has requested that the Oakland County Sheriff provide part
time non-eligible (PTNE) Court Deputies 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. PTAIE Deputies Provided. The Oakland County Sheriff will provide part time non-eligible Court
Deputies for Court security at the 47th 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 at the rate established by
the attached Schedule A, which amount includes the hourly rate and required fringe benefits of the
PINE Court Deputies, and a monthly operating fee to cover the cost of the PTNE Court Deputies
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 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, 2017 until September 30, 2020.
4. Termination. Either the COUNTY or the COURT may terminate this Agreement, prior to its
September 30, 2020 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, 2020. 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, 2020. 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.
I
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: 47TH DISTRICT COURT
By:
HONORABLE
Chief Judge, 47TH District Court
Dated:
2
2018/2019/2020
Schedule A
Sheriffs Office
Cost for 47th District Court
Salaries and Fringes
2 PTNE Court /Park Deputy positions
1,000 ea. & 1 PINE CD 11 at 500 hours
(2017/2018422.38 per hour)
(2018/2019-$22,83 per hour)
(2019/2020-$23.29 per hour)
Fringes at 5.64%
10/1/2017-9/30/2018 10/1/2018-9/30/2019 10/1/2019-9/30/2020
$ 55,950.00
$ 57,075.00
$ 58,225.00
$ 3,155.58 $ 3,219.03 $ 3,283.89
$ 59,105.58 $ 60,294.03
$ 61,508.89
Cost per hour 23.64 $ 24.12 24.60
Operating for one 2,000 hr. position
Uniforms
Deputy Supplies
Liability Insurance
Monthly Charge for ea. 2,000 hrs.
Monthly Charge for 2,500 hrs.
Annual Charge for Sergeant
Monthly Charge for Sergeant
Estimated Annual costs
494.00
969.00
964.00
$ 2,427.00
202.25
252.81
$ 7,991.00
665.92
$ 504.00
$ 988.00
$ 1,012.00
$ 2,504.00
$ 208.67
$ 260.83
$ 8,150.82
$ 679.24
$ 514.00
$ 1,008.00
$ 1,032.00
$ 2,554.00
$ 212.83
$ 266.04
$ 8,313.84
$ 692.82
$ 73,015.23 $ 70,130.33 $ 71,574.85
Actual may be higher due to number of hours worked
Resolution #17219 July 19, 2017
The Chairperson referred the resolution to the Finance Committee. There were no objections.
[— Commissioner Thomas Middleton, Distric
Chairperson, Finance Committee
#4
FISCAL NOTE (MISC. #17219) August 10, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE – CONTRACT FOR COURT SECURITY AT THE 47TH DISTRICT COURT –
FARMINGTON HILLS FOR FISCAL YEARS 2018/2019/2020
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 47th District Court requested the Sheriff provide court security with PTNE Court Deputies.
2. The resolution continues funding for two (2) PTNE Court/Park Deputy positions (4030435-09992
and 09993) at 1,000 hours and one (1) PTNE Court/Park Deputy position (4030435-09994) at 500
hours.
3. The contract shall be effective from October 1, 2017 through September 30, 2020.
4. The operating revenue and expenses generated by this contract total $70,130 in FY 2018, $71,575
in FY 2019, and $73,015 in.FY 2020.
5. The Fiscal Year 2018-2020 budgets are amended as follows:
GENERAL FUND (#10100)
Revenue
4030401-121280-631806
9010101-196030-665882
FY 2018 FY2019 FY2020
Reimb. Court Services
Planned Use of Balance
Total Revenue
$ 7,374 $ 1,445 $ 1,440
($ 7,374) ($ 1,445) ($ 1,440)
$ 0 $ 0 $ 0
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with KowaII and Fleming absent.
4-11 11 -7
Resolution #17219 August 10, 2017
Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingen, Hoffman, Jackson, Kochenderfer,
Kowa'', Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE 'MIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.558A (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 August 10,
2017, 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 10th day of August, 2017,
Lisa Brown, Oakland County