HomeMy WebLinkAboutResolutions - 1995.04.06 - 24349SERVICES COMM
MISCELLANEOUS RESOLUTION #55108 April 6, 1995
BY: Ppublic Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: Sheriff's Department - Southfield Detention Facility Agreement
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous
Resolution #8852 dated March 22, 1979, authorized an agreement between the City
of Southfield and the County of Oakland wherein the County would operate
Southfield' s Detention Facility in the City of Southfield's Safety Building; and
WHEREAS the Board of Commissioners approved the most recent agreement by
Miscellaneous Resolution #92170 dated July 23, 1992, which nn ,Ttin
1994; and
WHEREAS representatives of the City of Southfield and the County have
tentatively agreed upon a multi-year contract beginning July 1, 1994 and
extending to June 30, 1957 or the length of the collective bargaining agreement
between the County and the Oakland County Deputy Sheriff's Association, which
ever is longer; and
WHEREAS this agreement includes flat fee payments by the City of $400,000
for the period July 1, 1994 through June 30, 1995 and $420,000 for the period
July 1, 1995 through June 30, 1996; the amount of the payment for subsequent
years of the contract will be indexed to the annual percentage increase in total
compensation included in the collective bargaining agreement with the Oakland
County Deputy Sheriff's Association; and
WHEREAS in order to fulfill the terms of the agreement, the Sheriff is
requesting one (1) full-time eligible, governmental funded Clerk III position be
created in the Corrective Services - Satellites Division, Southfield Unit (#434-
2S) to provide necessary intake duties; and
WHEREAS the proposed agreement has been approved in accordance with the
County Executive's review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approved the attAelig,d Agrement with the City of Southfield for the operation of
the SnuthfiRifi nsttpntiop Farility and authorizes the Chairperson of the Board of
Commissioners to execute the said agreement.
BE IT FURTHER RESOLVED that the Oakland County Sheriff prepare written
quarterly reports on inmate population and characteristics to be presented to the
Public Services Committee.
BE IT FURTHER RESOLVED that one (1) full-time eligible, governmental funded
Clerk III position be created in the Sheriff's Department, Corrective Services -
Satellite Division, Southfield Unit (4434-25).„
Chairperson, on behalf of the Public SØvces Committee, I move adoption
of the foregoing resolution.
SOUTHFIELD DETENTION FACILITY
1994 - 1997
JOINT OPERATING AGREEMENT
This SOUTHFIELD DETENTION FACILITY 1994 - 1997 JOINT OPERATING AGREEMENT
(hereafter "Agreement") is made and entered into between the CITY OF SOUTHFIELD, a
Michigan Constitutional and Municipal Corporation, whose address is 26000 Evergreen Road,
Southfield, Michigan 48076 (hereafter the "CITY"), and the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 (hereafter the "COUNTY"). The COUNTY is also represented in this Agreement
by the OAKLAND COUNTY SHERIFF, JOHN F. NICHOLS, in his official capacity as a Michigan
Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 46341
(hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are
intended to be referred to jointly and collectively, they will be referred to as either the "OAKLAND
COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.".
INTRODUCTORY STATEMENTS
A. The CITY maintains and owns the Southfield Public Safety Building in the CITY's complex
of public buildings in Southfield. Within and connected to its Public Safety Building the CITY
maintains and has available thirty-seven (37) jail cells, two (2) behavior modification units
(cells), and two (2) temporary holding cells, commonly known as the "Southfield Detention
Facility" (hereafter "Facility").
B. The OAKLAND COUNTY SHERIFF's DEPARTMENT or 0.C.S.D, presently operates the
Oakland County Jail and numerous satellite jail operations and has L;unsiLivi able experience
in detention operations.
C. For the past several years, the CITY and the 0.C.S.D. have contracted to jointly operate the
Facility as a jail for the purposes of housing prisoners. The CITY and the 0.C.S.D. each
find that continuing in the joint endeavor contemplated in this Agreement to be in each of
its best interests and in the interest of providing efficient law enforcement services.
D. The most recent written contract between the CITY and the COUNTY to jointly operate the
Facility expired on June 30, 1994. Following the expiration of the written contract, the CITY
and the COUNTY verbally agreed to extend the term of the expired written contract until this
new Agreement is finalized.
NOW, THEREFORE, in consideration of these premises and the promises, agreements,
representations, and acknowledgments contained in this Agreement, it is mutually agreed as
follows:
1. The OAKLAND COUNTY SHERIFF'S DEPARTMENT (0.C.S.D.) agrees, subject to the
terms of this Agreement:
a. To provide such 0.C.S.D. personnel as reasonably necessary to supervise and control
prisoners housed in the Facility in accord with all applicable federal and state laws,
rules and regulations in order to prevent and/or minimize any injury to prisoners under
0.C.S.D. care and custody and/or damage to the Facility.
b. To be responsible for the day-to-day care and security for prisoners housed in the
Facility.
c. Except as expressly provided for in this Agreement, there shall be no charge to the
CITY for any prisoner received into the 0.C.S.D.'s custody at the Facility who was
arrested by a CITY AGENT (i.e., police officer). The 0.C.S.D. shall receive and book
into the Facility, as required by applicable law, any person arrested and presented by
any CITY AGENT (i.e., CITY police officer) except that the 0.C.S.D reserves the
absolute right to reject any prisoner for admittance into the Facility who, in the
0.C.S.D.'s opinion, requires immediate medical attention.
d. To provide, at the 0.C.S.D.'s sole cost and expense, all food, clothing, bedding,
medical services, library services through the Oakland County Library Board, and
other inmate programs that may be required by the Michigan Department of
Corrections for prisoners in the Facility.
To charge or otherwise assume all costs for prisoner care while such prisoners are in
the Facility at the same daily rate as prisoners may be charged at the Oakland County
Jail and that any revenues generated for prisoner care will be credited solely to the
benefit of the C.C.S.D.
f. Upon a request to the SHERIFF, if the CITY can show cause why a particular inmate
should not continue to be housed in the Facility, the SHERIFF agrees to remove that
inmate from the Facility, within 24 hours, or if such inmate has not yet been arraigned
then within 24 hours following arraignment.
To provide and maintain such signs within the facility as may be necessary for its
operation.
2. The CITY agrees, subject to the terms of this Agreement:
a. To provide and hereby grant onto the 0.C.S.D. a License over and upon that portion
of the Southfield Public Services Building, described as the Facility, for the purpose
of operating a jail within the Facility and further that:
i. The Facility will only be used for the detention and housing of 0.C.S.D. prisoners
and as related office facilities and accommodations required by 0.C.S.D.
personnel and as necessary for the safe and orderly operation of the Facility.
ii. During the term of this License, the 0.C.S.D. shall be authorized to limit access
to the Facility to any persons by any reasonable means necessary to insure the
security and safety of the Facility. However, access shall be made available to
CITY, or its AGENTS, as defined herein, to fulfill any CITY obligations under this
Agreement and/or upon the CITY's showing of good cause.
iii. During the term of the License, Grantor agrees to provide 0.C.S.D. reasonable
access and easement rights for any necessary utilities, ingress and egress to the
Facility, and contiguous parking spaces for 0.C.S.D. vehicles as required for the
safe and effective operation of the Facility through the CITY's contiguous property.
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 2
g.
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iv. This grant of License shall terminate upon the termination of this Agreement as
provided herein.
b. To be responsible. at its sole cost and expense, for the maintenance of the Facility in
conformity with state and federal law, as well as State of Michigan Department of
Corrections specifications, for the operation and certification of a jail facility. As used
in this paragraph, "maintenance" includes: any necessary repairs, improvements,
installation and maintenance of all necessary security locks and devices and fire safety
devices and precautions, reconstruction, equipment renovation, custodial services,
including rubbish and trash removal, for the Facility, and also includes the provision
of all utilities required to operate the Facility as a jail, including but not limited to heat,
air conditioning, power, internal (not external) telephone service, and water at no cost
to the 0.C.S.D. The CITY shall provide, at no cost to the 0.C.S.D., all equipment
necessary for any "Intake and Booking" function.
c. To purchase, install and maintain, at its sole expense. any necessary communications
equipment and electronic surveillance equipment reasonably necessary for prisoner
security and protection at the Facility.
d. To pay to the COUNTY the following amounts:
i. FOUR HUNDRED THOUSAND ($400,000.00) DOLLARS per year, which amount
shall be paid the COUNTY in equal monthly installments (one-twelfth of the
annual $400,000.00 amount or approximately $33.333.33/month) for each and
every month, and any part of any month (prorated on the basis of a 30 calendar
days/month), that this Agreement is in effect. Except as otherwise provided
herein, each monthly installment shall be paid to the COUNTY on or before the
15th day of the month for which the monthly payment is due and owing. The
COUNTY shall invoice the CITY on or about the beginning of each month
showing any amounts due that month, as well as any past due amounts;
however, the receipt of any invoice shall not be a condition precedent to the
CITY's payment obligation. The CITY further agrees that the annual FOUR
HUNDRED THOUSAND ($400,000.00) DOLLARS shall be subject to annual
percentage increases as follows:
Effective and commencing on July 1, 1995, this annual FOUR HUNDRED
THOUSAND ($400,000.00) DOLLARS amount shall be increased to FOUR
HUNDRED TWENTY THOUSAND ($420,000.00) DOLLARS. One-twelfth
of this increased annual amount ($420,000.00) shall be paid to the
COUNTY beginning in July, 1995, on the same monthly basis as provided
for above.
(2) Effective and commencing on July 1, 1996, the then current annual
($420,000.00) amount calculated shall be increased in the same
percentage amount as any percentage increase in the total compensation
paid to the 0.C.S.D.'s Deputy Sheriffs Bargaining Unit, or its successor
bargaining units, under any collective bargaining agreement in effect on
that July 1, 1996, over and above the total compensation amounts paid to
such persons on July 1. 1995, except that this percentage increase shall
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 3
(1)
again not exceed six (6%) percent. One-twelfth of this increased annual
amount shall be paid to the COUNTY beginning in July, 1996, on the same
monthly basis as provided for above.
ii. Effective and commencing on July 1, 1994, the CITY further agrees to pay to the
COUNTY, THIRTY THREE THOUSAND, THREE HUNDRED THIRTY THREE
($33,333.33) and 33/100 DOLLARS for each and every month beginning with
and including July 1994, and continuing thereafter, until the effective date of this
Agreement as monthly amounts due and owing to the COUNTY by the CITY.
The CITY hereby acknowledges the existence of such prior months payment
obligations for services rendered by the 0.C.S.D. at the Facility after the
expiration of the prior contract and prior to the effective date of this Agreement
and agrees that ali such amounts due and owing are ongoing obligations under
this Agreement. The CITY agrees to pay all such amounts due and owing to the
COUNTY, subject to a credit for any payments or partial payments already made
to the COUNTY for such months, no later than thirty (30) days after the effective
date of this Agreement.
e. To provide fire, extended coverage, public liability, and property damage insurance
policies covering the Facility. The CITY hereby waives any right to subrogation
against the 0.C.S.D. or any of its AGENTS under such insurance policies and further
agrees to notify its insurance carriers of this waiver and obtain the appropriate written
waivers of subrogation from each of the applicable insurance carriers.
f. To install and maintain all necessary outside building signs and make available to
Facility inmates Southfield's library services and such other similar available CITY
resources or services which may be helpful in any prisoner rehabilitation effort.
3. The CITY and the 0.C.S.D. mutually agree:
a. That subject to the following Paragraph, the term of this Agreement shall cover the
period beginning July 1, 1994, and shall remain in effect continuously until it expires
without any further act or notice being required of any party at 11:59 p.m. on June 30,
1997. This Agreement may be cancelled by the CITY, the COUNTY. or the SHERIFF
for any reason and at any time, without any penalty, costs, damages, or liability to the
CITY or the 0.C.S.D., upon the giving of forty-five (45) days written notice thereof, by
certified mail addressed to the Oakland County Clerk, if cancelled by the CITY, or
addressed to the Southfield City Clerk, if cancelled by either the COUNTY and/or the
SHERIFF.
b. That this Agreement, and any subsequent amendments, shall not become effective
prior to the approval by concurrent resolutions of the COUNTY Board of
Commissioners and the CITY Council. The approval and terms of this Agreement shall
be entered into the official minutes and proceedings of the COUNTY Board of
Commissioners and CITY Council and shall also be filed with the offices of the Clerk
for the COUNTY and the CITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the
0.C.S.D. and shall not become effective or implemented prior to its filing with the
Secretary of State.
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 4
c. That they will work together cooperatively to assure the security of the Facility,
including protected ingress and egress of prisoners and activities related to prisoner
visitation.
d. To not illegally discriminate against any employee or applicant for employment with
the CITY or 0.C.S.D. contrary to any applicable provisions in the federal or state
constitutions or any applicable state statute.
e. That the CITY and the COUNTY agree that none of their respective AGENTS as
defined herein, either as a result of this Agreement, or arising out of any act(s) by any
person in the performance of any duty under this Agreement, shall be considered or
asserted to be an employee or AGENT of the other. The CITY and the COUNTY
agree that they shall be solely and completely liable for any and all their respective
AGENT'S past, present, or future wages, compensation, overtime wages, expenses,
fringe benefits, pension or retirement benefits, travel expenses, mileage allowances.
training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, worker's disability compensation benefits,
unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any CITY or COUNTY AGENTS' employment status or any
alleged violation of any CITY or COUNTY AGENTS' statutory. contractual, or
constitutional rights by their respective employer.
f. The CITY agrees to indemnify and hold the COUNTY and its AGENTS harmless from
and against any and all CLAIM(S), as defined herein, which are imposed upon,
incurred by, or asserted against the COUNTY or its AGENTS by any current or former
prisoner or inmate who was housed within the Facility, or such prisoner's successors
and assigns, and which are based upon, result from, or arise from, or are in any way
related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by
the CITY and/or any CITY AGENT. The COUNTY agrees to indemnify and hold the
CITY and its AGENTS harmless from and against any and all CLAIM(S), as defined
herein, which are imposed upon, incurred by, or asserted against the CITY or its
AGENTS by any current or forrner prisoner or inmate who was housed within the
Facility, or such prisoner's successors and assigns, and which are based upon, result
from, or arise from, or are in any way related to any alleged error, mistake, negligent
or intentional act(s) or omission(s) by the COUNTY and/or any COUNTY AGENT.
Notwithstanding the above, neither the CITY nor the COUNTY shall be required or
obligated to indemnify, and/or hold the other or any of the other's AGENTS harmless
in any CLAIM(S) involving, or which in any part or any manner result or arise from, or
are in any way related to: a) any criminal investigation, criminal charges. criminal
prosecution or criminal proceeding, or pay any costs, expenses, attorney fees, fines,
damages, or liabilities of any kind whatsoever which are incurred in or result from any
criminal investigation or prosecution, or b) any CLAIM(S) which may be brought
against the CITY by, or on behalf of, any CITY AGENT or any CLAIM(S) which may
be brought against the COUNTY by, or on behalf of, any COUNTY AGENT.
That for all purposes, and as used throughout this Agreement:
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 5
"CLAIM(S)" shall be defined to include any and all losses, complaints, demands
for relief or damages, grievances, suits, causes of action, proceedings,
judgments, deficiencies, penalties, costs and expenses, including, but not limited
to, any reimbursement for reasonable attorney fees, witness fees. court costs,
investigation and/or litigation expenses, any amounts paid in settlement, or any
other amount or any other liabilities of any kind whatsoever 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.
ii. "AGENT" or "AGENTS", whenever used as referring to either AGENTS of either
the COUNTY or the CITY shall be defined to include any and all of either party's
officers, elected officials (the SHERIFF is also herein defined as an AGENT of
the COUNTY), appointed official, directors, board members, council members,
commissioners, authorities, authority board members, boards, committees,
commissions, employees (including any law enforcement officers), managers,
departments, divisions, volunteers, contractors, agents, representatives, and/or
any such person's successors or predecessors, agents, employees, attorneys,
or auditors (whether such persons act or acted in their personal, representative,
or official capacities), and/or any and all persons acting by, through, under, or
in concert with any of them. "AGENT" or "AGENTS" shall also include any
person who was an AGENT of either the COUNTY or the CITY at any time
during the term of this Agreement but, for any reason. is no longer employed,
appointed, or elected in their previous capacity.
That all CITY and/or COUNTY indemnification and hold harmless promises, waivers
of liability, representations, liabilities, payment obligations, and/or any other related
obligations provided for in this Agreement with regard to any acts, occurrences.
events, transactions, or CLAIM(S) either occurring or having their basis in any events
or transactions that occurred before the cancellation or expiration of this Agreement,
shall survive the cancellation or expiration of this Agreement.
h. The SHERIFF, the CITY, and the COUNTY reserve to themselves any rights and
obligations relating to the provision of any and all police and/or governmental law
enforcement services, within their respective jurisdictions, and this Agreement does
not, and is not intended to, diminish, delegate, divest, impair, or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty.
capacity, immunity, or character of office of either the CITY. the SHERIFF and/or the
COUNTY
i. The CITY and the 0.C.S.D. agree that this Agreement does not, and is not intended
to limit, modify, control, or otherwise affect in any manner the SHERIFF'S sole and
exclusive right, obligation, and responsibility to determine, establish, modify, or
implement any and all operational policies, procedures, orders, rules, regulations,
ethical guidelines, and/or any other judgment, policy or directive which in any way
governs or controls any activity or the performance of any duty by any SHERIFF's
AGENT.
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 6
g.
The CITY agrees that this Agreement does not, and is not intended to, transfer,
delegate, or assign to the 0.C.S,D. any civil or legal responsibility, obligation, duty of
care, or liability associated with the ownership or maintenance of the Facility.
k. Except as expressly provided herein for the benefit of the CITY or the COUNTY, this
Agreement does not, and is not intended to, create, by implication or otherwise, any
direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or
any other right of any kind, in favor of any person, organization, alleged third party
beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated
to any indemnification or any other right provided under the terms of this Agreement.
I. The CITY and the COUNTY each warrant that they have reviewed all of their current
or proposed employment, labor and/or union contracts with any and all persons who
are or may be affected by this Agreement, and each hereby warrants that it presently
does not have, and does not anticipate, during the term of this Agreement, that they
will have any employment, labor and/or union contracts that will in any manner restrict,
interfere with, or prohibit the CITY or the COUNTY from complying with their
respective obligations and duties as set forth in this Agreement.
m. The CITY and the 0.C.S.D. shall promptly deliver to the other written notice and/or
copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or
allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that
either becomes aware of which involves in any way the CITY or 0.C.S.D. or any of
their AGENTS. The CITY and the 0.C.S.D. agree to cooperate with each other in any
investigation conducted into any act(s) or work performance of their respective
AGENTS.
n. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of
Michigan. The language of all parts of this Agreement is intended to and, in all cases.
shall be construed as a whole according to its fair meaning and not construed strictly
for or against any party. As used in this Agreement, any use of the singular or plural
number, any reference to the male, female, or neuter gender(s), possessive or
nonpossessive shall also be deemed to include the appropriate other whenever the
context so suggests or requires.
o. Absent an express written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right regarding any existing
or subsequent breach or default under this Agreement. No failure or delay on the part
of any party in exercising any right, power or privilege hereunder shall operate as a
waiver thereof, nor shall a single or partial exercise of any right, power or privilege
preclude any other or further exercise of any other right, power or privilege.
p. The COUNTY, the SHERIFF, and the CITY acknowledge that this Agreement shall be
binding upon each of them and, to the extent permitted by law, upon their
administrators, representatives, subsidiaries, executors, successors and assigns, and
all persons acting by, through, under, or in concert with any of them.
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 7
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j.
This Agreement, consisting of a total of nine (0) pages, sets forth the entire Agreement
for joint operation of the Facility between the 0.C.S.D. and the CITY and fully
supersedes any and all other agreements or understandings between them in any way
related to the subject matter hereof. It is further understood and agreed that the terms
and conditions herein are contractual and are not a mere recital and that there are no
other agreements, understandings, contracts, or representations between the 0.C.S.D.
and the CITY in any way related to the subject matter hereof, except as expressly
stated herein.
4. For and in consideration of the mutual promises, representations, and agreements set forth
in this Agreement, and for other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the 0.C.S.D. and the CITY hereby agree and promise to
be bound by the terms and provisions of this Agreement.
.f
q.
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 8
Laem ,
And
P. CRAKE, Chairperson,
Board of Commissioners
IN WITNESS WHEREOF, DONALD F. FRACASSI, Mayor, for the CITY, hereby acknowledges
that he has been authorized by a resolution of the CITY COUNCIL (a certified copy of which is
attached) to execute this Agreement on behalf of CITY OF SOUTHFIELD, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and
hereby accepts and binds the CITY OF OUTHFIELD to the terms and conditions of this
Agreement on this 11 day of , 1995.
WITNESSES: CITY OF SOUTHFIELD,
a Michigan Municipal Corporation
,f
DONALD F. FRACASSI
Mayor. City of Southfield
By
MARY Al BONNER
Clerk, City of Southfield
IN WITNESS WHEREOF, LARRY P. CRAKE, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners (a certified copy of which is attached) to execute this Agreement
on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation
and political subdivision of the State of Michigan, and hereby accepts and binds the COUNTY OF
OAKLAND to the terms and conditions of the Agreement on this 41 day of •
1995.
INITNESS: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
IN WITNESS WHEREOF, JOHN F. NICHOLS, in his official capacity as the OAKLAND COUNTY
SHERIFF. a Michigan Constitutional Officer, hereby accepts and binds the Office of the
OAKLAND C,..01ITY SHERIFF to the terms and conditions of this Agreement on this b2—day
of fiii4A1 , 1995.
WITN.g,SS:
By: 24Ir N F. NICHOLS,
kland County Sheriff
SOUTHFIELD DETENTION FACILITY
1994-1997 JOINT OPERATING AGREEMENT Page 9
RESOLVED: That the City Council of the City of Southfield hereby approves
the joint operating agreement with Oakland County for a three-year period,
commencing July 1, 1994 through June 30, 1997 for the operation of the
Southfield Detention Facility.
Further, Council approves the financial terms which are as follows:
For the period July 1, 1994 - June 30, 1995 $400,000.
For the period July 1, 1995 - June 30, 1996 $420,000.
For the period July 1, 1996 - June 30, 1997
an amount not to exceed $445,200.
and authorizes the Mayor and the City Clerk to sign the agreement on behalf of
the City.
Resolution unanimously adopted.
I, Mary A. Bonner, the duly elected and qualified City Clerk of the City of Southfield, County
of Oakland, State of Michigan, do hereby certify that the foregoing resolution was adopted by
the Southfield City Council at their Regular Council Meeting held on Monday, April 10, 1995,
in the Council Chambers of the Municipal Building, 26000 Evergreen Road, Southfield,
Michigan.
Dated: April 12. 1995
M . Bonner, City Clerk Mary('A. Bonner, City Clerk
5 (120,000)
$ 14,543
8,981
8(141,524)
$(120.000)
$ 0
FISCAL NOTE (Misc. #95108) April 6, 1995
BY FINANCE AND PERSONNEL COMMI1TEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: SHERIFF DEPARTMENT - SOUTHFIELD DETENTION FACILITY AGREEMENT -
MISCELLANEOUS RESOLUTION #95XXX
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel
Committee has reviewed Miscellaneous Resolution #95106 and finds:
1. Contract rates for renewal of the Southfield Detention Facility
Agreement have been proposed for the period July 1, 1994 through
June 30, 1997 at an annual rate of $400,000 for fiscal year
1994/1995 and $420,000 for fiscal year 1995/1996.
2. Annual rates for the remainder of the contract will be indexed to
the annual percentage increase in total compensation included in
the col1ective bargaining agreement with the Oakland County Deputy
Sheriff's Association.
3. The resolution also authorizes the creation of an additional Clerk
III position to provide intake services at the Southfield
Detention Facility. Annual cost of the position equals $31,089 of
which $21,006 is salary cost and $10,083 is fringe benefit cost.
Cost for the balance of 1995 equals (assuming an April 15 start
date) equals $21,324.
4. The projected 1993 revenue is $170,000 less than the 1995 budgeted
revenue of $580,000.
5. The combined contract revenue reduction and additional position
will increase County cost by $191,524 for 1995, as detailed on the
attached schedule. Two (2) sources are available to cover the
variance. First is a 850,000 balance from a payable account
created in 1994 in anticipation of a reduced Southfield contract
amount. Second is the non-departmental account for future jail
operation created with the 1994 Year End Report resoluti_on.
4.
The 1995 budget he amended, as specified below, to account for the
new contract:
Revenue
3-10100-434-25-00-2605 Special Deputies
Expenditur
4-10100-434-25-00-1001 Sthfld. Salaries
4-10100-434-25-00-2070 Sthfld. Fringes
4-10100-909-01-00-3080 Non. Dept - Jail Op.
FINANCE AND PERSONNEL COMMITTEE
Schedule A
SOUTHFIELD DETENTION FACILITY
1994-1997 CONTRACT
CONTRACT PERIOD COMPARISONS (JULY-JUNE)
1994/1995 1995/1996 1996/1997
Cost Category Contract Period Contract Period Contract Period
Expenditures
Salaries
Fringe Benefits
Overtime
Operating
Total Expenditures
Revenues
$585,087 $628,620 $656,776
307,978 314,310 328,387
67,737 81,702 84,970
18,542 16.504 17,164
3979.344 $1.04t136 $1_087.297
$400.000 3420.000 3441.000
Net County Cost
Estimated Prisoner Days
$679.344 $621.136 6646.297
20,381 23,725 23,725
County Cost Per Day falia S26.18 627.24
Notes:
1. Expenditures assumes a 4.0% annual salary increase for the Deputy position as well as
the hiring of an additional Clerk III position effective 4115/95. Operating expenditures are
also assumed to increase 4.0% annually.
2. Revenues are contracted for the first two fiscal years of the agreement at $400,000 and
$420,000 respectively. The 1996/1997 estimate assumes a 5.0% increase.
3. Estimated prisoner days assumes an average of 90% capacity. It also assumes
available beds increase from 54 to 65 effective May 1, 1995.
$580,000
410,000 - 1/95 - 6/95 = $200,000 (.5 x $400,000)
7/95 - 12195 = $210,000 (.5 x $420,000)
($170,000)
50.000
($120.0001
SAMODA
$997,613
21.524 - effective date 4/15/95. Annual cost
equals $31,089.
51_019.137
Schedule B
SOUTHFIELD DETENTION FACILITY
1994 - 1997 CONTRACT
EFFECT ON 1995 COUNTY BUDGET
$417,613 -
559.137 -
(S141.524) -
Revenues
Amended Budget as of 2128/95
Anticipated Revenue per new
Contract
Revenue Reduction Per Contract
Use of Balance in Payable Account
Total Revenue Reduction
Adjusted Revenue Budget
Expenditures
Amended Budget as of 2128/95
Additional Clerk Iii position
Adjusted Expenditure Budget
Net Effect on County Budget
County Cost - Current Amended Budget
County Cost - New Contract
Net (Increase) in County Cost
Expenditures of $997,613, revenue of
$580,000
Expenditures of $1,019,137, revenue
of $460,000.
Funding to be transferred from the non-
departmental Future Jail Operations
account.
Prepared by: Budget Division 03/20/95
Resolution #95108 April 6, 1995
Moved by Obrecht supported by Pernick the resolution be adopted.
Moved by Obrecht supported by Pernick to amend the Sheriff's Department -
Southfield Detention Facility Contract to incorporate language changes to the
contract, paragraph 3j as follows:
"The CITY agrees that this Agreement does not, and is not intended
to, transfer, delegate, or assign to the 0.C.S.D. any civil or legal
reqpnrigihility, obligation. duty of care, or liability associated with the
ownership or maintenance, or liability for of the Facility."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
1 HERE
L. BroaK5 patter!.2
ROV OREGOING RESOLUTION
Date ‘-;--Th
County ExecUtIVe
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 April 6, 1995 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 6th day 4 April
Allen, County Clerk