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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26925MISCELLANEOUS RESOLUTION #02126 May 16, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT - MADISON HEIGHTS FOR 2003/2004/2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 43rd District Court in Madison Heights requested that the Sheriff provide security to the Court with PTNE Court Deputies and the Board of Commissioners has authorized other 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. #01191 authorized a contract for Court Security for the Madison Heights District Court through September 30, 2002; 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- Madison Heights for the Fiscal Years 2003/2004/2005. BE IT FURTHER RESOLVED that the two (2) PTNE 1,000 hrs/yr Court Deputy II positions be continued and be reviewed in the budget process. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Buckley, Obrecht, Galloway and Causey-Mitchell absent. CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-MADISON HEIGHTS THIS CONTRACT entered into on the first day of October, 2002, 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-MADISON HEIGHTS, 200 West Thirteen Mile Rd., Madison Heights, Michigan 48071 (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 a part time non-eligible (PTNE) Court Deputy II 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) The Oakland County Sheriff will provide a certified part time non-eligible Court Deputy ll for Court security at the 43rd District Court during normal COURT business hours; and, (2) The COURT will pay the COUNTY for the PTNE Court Deputy II at the rate established by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE Court Deputy II's uniforms, supplies, liability insurance, and portable radio, all of which are associated with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours worked, fringe benefits and operating costs of the PTNE Court Deputy II. The term of this Contract shall be from the date first signed above until September 30, 2005. It is intended that this Contract will be renewed at the beginning of each fiscal year of the COUNTY, and that the hourly rate, fringe benefit rate and the monthly operating rate will be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a PTNE Court Deputy Sheriff to the COURT. (4) Subject to the following Paragraph, this Contract shall become effective at 12:01 A.M., October 1, 2002, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on September 30, 2005. In addition, either the COUNTY or the COURT may terminate this Agreement, prior to its September 30, 2005 expiration, upon written notification to all others 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 this Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract shall end. *a, (3) 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, 2005. If the COURT, as above, 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, 2005. In no event shall this paragraph be interpreted to obligate (5) WITNESSES: TRICT COURT WITNESSES: COUNTY OF OAKLAND By: MAS A. LAW, Chairperson, Oakland County Board of Commissioners Dated: LI, 1 Val 0 HONORAKE ROBERT J. TURNER Judge, 43rd District Court 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. The parties, through their representatives, warrant that they have full and complete authority to enter into, execute and perform this Contract. IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below. Schedule A Sheriff Department Cost for 43 District Court-Madison Heights Salaries and Fringes 10/01/02-9/30/03 10/01/03-9/30/04 10/01/04-9/30/05 2-PTNE Court Deputy II positions 1,000 ea. $ 37,120.00 $ 38,600.00 $ 39,760.00 (200212003-$18.56 per hour) (2003/2004-$19.30 per hour) (2004/2005-$19.88 per hour) Fringes at 9.8% $ 3,637.76 $ 3,782.80 3,896.48 $ 40,757.76 $ 42,382.80 $ 43,656.48 Cost per hour 20.38 21.19 21.83 Operating Portable Radio $ 586.89 $ 610.37 $ 634.78 Uniforms $ 1,844.00 $ 1,917.76 $ 1,994.47 Deputy Supplies $ 1,796.00 $ 1,867.84 $ 1,942.55 Liability Insurance $ 2,178.00 $ 2,265.12 $ 2,355.72 $ 6,404.89 $ 6,661.09 $ 6,927.53 Monthly Charge $ 533.74 $ 555.09 $ 577.29 Estimated costs $ 47,162.65 $ 49,043.89 $ 50,584.01 Resolution #02126 May 16 2002\ The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #02126) May 30, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43 RD DISTRICT COURT - MADISON HEIGHTS FOR 2003/2004/2005 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 PTNE Court Deputies and M.R. #01191 authorized a contract for Court Security for the Madison Heights District Court through September 30, 2002. 2. The Court is requesting to continue the contract for Fiscal Years 2003/2004/2005. 3. The County Executive's FY 2003 and FY 2004 Recommended Budget will include revenues and expenditures related to this contract. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Douglas, Friedman Appel and Melton absent. Resolution #02126 May 30, 2002 G. William Caddell, County Clerk Moved by Moss supported by Crawford the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 May 30, 2002, 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 30th day of May, 2002.