HomeMy WebLinkAboutResolutions - 2006.08.03 - 28075August 3, 2006
REPORT MR #06153
BY: Personnel Committee, Gregory C. Jamian, Chairperson
RE: MR #06153 SHERIFFS OFFICE — CONTRACT FOR SERVICES BETWEEN
THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND FOR WARRANT
ENFORCEMENT PAROLE ABSCONDERS
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed MR #06153 on August 3, 2006 Reports with
the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
L-ZA
Personnel Committee Vote:
Motion carried on a unanimous roll call vote with Coleman absent
MISCELLANEOUS RESOLUTION # 06153 July 20, 2006
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE
AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Wayne County Sheriff has requested that the Oakland County
Sheriff participate in a Parole Absconder Unit; and
WHEREAS the Sheriff has agreed to participate in said unit; and
WHEREAS the Sheriff is requesting one (1) Deputy II and a vehicle to
adequately perform these duties; and
WHEREAS Wayne County has agreed to fund up to $6,250 a month towards
this effort for at least 14 months; and
WHEREAS the Sheriff has agreed to fund the remaining portion from the
Sheriff's Office Law Enforcement Enhancement Account; and
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to
distribute property and funds forfeited through narcotic seizures to
participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the courts have distributed $327,901.66 to the Sheriff's Office
Law Enforcement Enhancement Account (balance as of 6/30/06) as a result of
Sheriff Department forfeiture efforts; and
WHEREAS the Sheriff is requesting that a portion of these funds be used
to continue to fund this oosition until September 30, 2007; and
WHEREAS the estimated costs are $133,798 for the period of July 29,
2006 through September 30, 2007.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the use of the Sheriff's Office Law Enforcement
Enhancement Account (#10100-4030101-222430) to fund one (1) Deputy II and
authorize the Chairperson of the Board to sign the attached contract for the
period of July 29, 2006 through September 30, 2007.
BE IT FURTHER RESOLVED that one (I) Deputy It position be created in
the Sheriff's Technical Services Division/Special Teams Unit.
BE IT FURTHER RESOLVED that one (1) unmarked vehicle with mobile radio
and prep be added to the county fleet.
BE IT FURTHER RESOLVED that future level of service, including
personnel, be contingent upon the level of funding associated with this
contract.
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 on a roll call vote with Molnar absent.
Wayne/Oakland Absconder Unit
10/01/2006
Salaries and fringes (14 mo.) $112,282
Overtime 9,000
Radio Rental 576
Vehicle 11,200
Deputy supplies 740
Total $133,798
CONTRACT FOR SERVICES BETWEEN
COUNTY OF WAYNE AND THE COUNTY OF OAKLAND
(CONTRACT #
THIS CONTRACT is between the County of Wayne, Michigan, a body corporate and
Charter county, acting through the Office of the Sheriff, (the "County") and the County
of Oakland, Michigan, acting through its Office of the Sheriff (the "Contractor").
1. PURPOSE
1.01 The County desires to contract with the Contractor for one (1) deputy
sheriff to be assigned to the Wayne County Sheriff's Warrant Enforcement
Bureau Parole Absconder Unit to supervise personnel, investigate, locate and
arrest Michigan Department of Corrections' Correctional Facilities
Administration escapees, Field Operations Administration escapees, parole
violators, and when authorized by the court, Field Operations Administration,
Special Alternative Incarceration probation violators.
1.02 The Contractor desires to provide services to this program by providing
police personnel.
2. SCOPE OF SERVICE
2.01 The County engages the Contractor, and the Contractor agrees to provide
one (1) Oakland County deputy sheriff to service this Contract.
2.02 The Contractor's deputy shall carry out all duties
necessary to accomplish the goals of the contract under the daily
administrative direction of the Chief of Field Operations for the Wayne
County Sheriffs Office or designee in coordination with the Oakland County
Sheriffs Office. The deputy will not be diverted from the exclusive service of
this Contract, unless mutually agreed upon by the parties. The Oakland
County Sheriffs Office shall retain ultimate responsibility for the supervision,
direction, control, assignment, discipline and compensation of its assigned
personnel.
2.03 The deputy shall at all times remain the employee of the Contractor and
shall be subject to the same terms of employment, and retain all rights under
the assigned deputy's current collective bargaining agreement with the
Contractor. Continued assignment of personnel to this Contract will be based
upon performance and will be at the discretion of the Oakland County
Sheriffs Office.
2.04 The parties shall confer as necessary so that the services to be performed
under this Contract proceed in an efficient and mutually satisfactory manner.
If there is any dispute between the parties regarding the extent and character
of the services to be performed, the interpretation and determination of the
County governs.
2.05 This contract is effective July 29, 2006 through September 30, 2007.
2.06 The County shall reimburse the Contractor for the cost of general
operations related to participation not to exceed the total amount of Eighty
Seven Thousand Five Hundred Dollars ($87,500.00) over the course of this
agreement.
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2.07 The Contractor shall submit a monthly invoice for general operations
participation costs at one-fourteenth (1/14) of the total compensation, or Six
Thousand Two Hundred Fifty and 00/100 Dollars ($6,250.00).
3. RECORDS - ACCESS
3.01 Each party must maintain complete books, ledgers, journals accounts, or
records in which it keeps all entries reflecting its operation pursuant to this
Contract. Each party must keep the records according to generally accepted
accounting practices and for a minimum of 3 years after the Contract's
termination and completion.
4. RELATIONSHIP OF PARTIES
4.01 The parties are independent contractors. No liability or benefits, such as
workers' compensation, pension rights, or insurance rights, arising out of, or
related to a contract for hire or employer/employee relationship, accrues to
either party or either party's agent, subcontractor or employee as a result of
the Contract. No relationship, other than that of independent contractor will
be implied between the parties, or either party's agent, employee, or
subcontractor.
5. INSURANCE
5.01 Each party, at its expense, must maintain during the term of this
Contract the following insurance or program of self-insurance:
A. Professional liability insurance with minimum limits of $1 Million
Dollars per occurrence and $1 Million Dollars aggregate.
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B. Workers Compensation Insurance, which meets Michigan
statutory requirements.
C. Comprehensive General Liability Insurance with minimum limits
of bodily injury of $500,000 per occurrence and $1 Million
Dollars aggregate and with minimum limits for property damage of
$500,000 each occurrence and $1 Million Dollars aggregate.
D. Comprehensive Automobile Liability (including hired and non
owned vehicles) with minimum limits for bodily injury of $1
Million Dollars per occurrence wand with minimum limits for
property damage of $500,000 per occurrence.
5.02 If, during the term of this Contract, changed conditions or other pertinent
factors, should in the reasonable judgment of the parties, render inadequate
the insurance limits, the party will furnish on demand such additional
coverage as any reasonably be required and available under the circumstances.
The insurance must be affected under valid and enforceable policies, issued by
recognized, responsible Michigan insurers, which are well rated by national
rating organizations.
6. LIABILITY
6.01 All liability, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities to be carried out pursuant to the obligations
of the Contractor under this Contract are the responsibility of the Contractor,
and not the responsibility of the County, if the liability, loss, or damage is
caused by, or arises out of, the actions or failure to act on the part of the
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Contractor, any subcontractor, or anyone directly or indirectly employed by
the Contractor
6.02 All liability, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities to be carried out pursuant to the obligations
of the County under this Contract are the responsibility of the County and not
the responsibility of the Contractor if the liability, loss, or damage is caused
by, or arises out of, the action or failure to act on the part of any County
employee or agent,
6.03 If liability to third parties, loss, or damage arises as a result of activities
conducted jointly by the parties in fulfillment of their responsibilities under
this contract, the liability, loss, or damage must be borne by parties in relation
to each party's responsibilities under these joint activities.
6.04 For purposes of these provisions, the term "County" includes the County
of Wayne and all other associated, affiliated, or subsidiary departments or
divisions now existing or to be created, their agents and employees.
6.05 This article must not be construed as a waiver of any governmental
immunity the County. or the Contractor, its officials, officers, agencies, or
employees, have as provided by statute or modified by court decisions.
7. TERMINATION
7.01 Either party upon 30 days written notice may terminate this Contract.
Upon receipt of such notice, the parties must immediately discontinue all
work and services upon the effective date of termination.
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7.02 Each party will assist the other party in the orderly termination of this
Contract and the transfer of all aspects, tangible or intangible, as may be
necessary for the orderly, non-disrupted business continuance of each party.
8. ETHICS IN CONTRACTING
8.01 Each party must comply with §121-13 of the Wayne County Code concerning
Ethics in public contracting.
8.02 If the contractor knowingly collaborates in or induces a violation of any
of the ethical standards that are set forth in subsections c, d, e, f, i , j, k, or m of
§121-13, the County has the right to immediately terminate the Contract.
9. CONFIDENTIAL INFORMATION
9.01 If either party discloses confidential information to the other
party's employees pertaining to the disclosing party's past, present and future
activities, the receiving party must instruct its employees to regard all
information gained by each person as information which is confidential and
not to be disclosed to any organization or individual without the prior written
consent of the disclosing party.
9.02 Each party will take appropriate action with respect to its employees to
insure that the obligations of non-use and non-disclosure of confidential
information concerning this Contract can be fully satisfied.
10. NONDISCRIMINATION PRACTICES
10.01 Each party must comply with:
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A. Titles VI and Vll of the Civil Rights Act (42 U. S. C. §§ 2000d
et.seq.) And The United States Department of Justice Regulations
(28 C.F.R Part 42) issued pursuant to those Titles.
B. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07).
C. Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. §794).
D. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et
seq.) and its associated regulations.
E. The Michigan Civil Rights Act (P.A. 1976 no. 453) and the
Michigan Handicappers Civil Rights Act (P.A. 1976 No. 220).
F. Sections 121.13, et.seq. of the Wayne County Code regarding
Equal Contracting Opportunity.
11. NOTICES
11.01 All notices, consents, approvals, requests and other communications
("Notices") required or permitted under this Contract must be given in writing
and mailed by first-class mail addressed as follows:
If to the contractor:
Undersheriff Michael G. McCabe
Oakland County Sheriffs Office
1201 N. Telegraph Road
Pontiac, MI 48341
If to the County:
Suzanne Hall
Wayne County Sheriffs Office
1231 St. Antoine
Detroit, MI 48226
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11.02 All notices are deemed given on the day of mailing. Either party to this
Contract may change its address for the receipt of notices at any time by
giving notice to the other as provided. An authorized representative of such
party must sign any notice given by a party.
11.03 Termination notices, change of address notices, and other notices of a
legal nature, are an exception and must be sent by registered or certified mail,
postage prepaid, return receipt requested.
12. WAIVER OF ANY BREACH
12.01 No failure by a party to insist upon the strict performance of any term of
this Contract or to exercise any term after a breach, constitutes a waiver of any
breach of term. No waiver of any breach affects or alters this Contract, but
every term of this Contract remains effective with respect to any other then
existing or subsequent breach.
13. SEVERABILITY OF PROVISIONS
13.01 If any provision of this Contract or the application to any person or
circumstance is, to any extent, judicially determined to be invalid or
unenforceable, the remainder of the Contract, or the application of the
provision to persons or circumstances other than those as to which it is invalid
or unenforceable, is not affected and is enforceable.
14. MERGER CLAUSE
14.01 This document contains the entire agreement between the parties and all
prior negotiations and agreements are merged in this document. Neither party
has made any representations except those expressly set forth. No rights or
remedies are, or will be acquired by either party by implication or otherwise
unless set forth.
15 JURISDICTIONS AND LAW
15.01 This Contract, and all actions arising from it, must be governed by, subject
to, and construed according to the law of the State of Michigan. Each party
consents to the personal jurisdiction of any competent court in Wayne County,
Michigan, for any action arising out of this sufficient to put the other party on
notice. Neither party will commence any action against the other because of
any matter arising out of or relating to the validity, construction, interpretation
and enforcement of this Contract, in any courts other than those in the County
of Wayne, State of Michigan unless original jurisdiction is in the United
States District Court for the Easter District of Michigan, Southern Division,
the Michigan Supreme Court or the Michigan Court of Appeals.
16. MISCELLANEOUS
16.01 The Contractor covenants that it is not, and will not become, in arrears to
the county upon any contract, debt, or any other obligation to the county,
including real property and personal property taxes.
16.02 Articles 5, 6 and 15 survive termination of the Contract.
16.03 All the provisions of this Contract are "covenants" and "conditions" as
though words specifically expressing or imparting covenants and conditions
are used in each provision.
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16.04 Neither party is responsible for force majeure events. In the event of a
dispute between the parties with regard to what constitutes a force majeure
event, the county's reasonable determination is controlling.
16.05 Unless the context otherwise requires, the words, "herein", "hereof' and
"hereunder", and other words of similar import, refers to this Contract as a
whole and not to any particular article, section, or other subdivision.
16.06 The headings of the articles in this Contract are for convenience only and
must not be used to construe or interpret the scope or intent of this Contract or
in any way affect the Contract.
16.07 As used, the singular includes the plural, the plural includes the singular,
and the use of any gender is applicable to all genders.
16.08 Contractor may not assign this or any part, or subcontract any of the work
or services to be performed without the County's prior written approval.
16.09 No amendment of this Contract is effective unless it references this
Contract, is written, is signed and acknowledged by duly authorized
representatives of both parties.
16.10 Contractor agrees to comply with all applicable Michigan Department of
Corrections policies, administrative rules, and provisions as provided in the
"Agreement Between the State of Michigan Department of Corrections and
Wayne County Sheriffs Department" dated October 1, 2004.
17. AUTHORIZATIONS AND CAPABILITY
17.01 Each party warrants that it has taken all actions necessary for the
authorization. execution, delivery and performance of this Contract. It is
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Bill Bullard Jr.
Chairman
Oakland County Board of
Commissioners
Robert A. Ficano
County Executive
ready to perform its obligations. Each party further warrants that the person
signing this Contract is authorized to do so on behalf of its principal to this
Contract.
18. SIGNATURE
18.01 The County and the Contractor, by their authorized officers and
representatives have executed this Contract.
COUNTY OF OAKLAND COUNTY OF WAYNE
By: By:
Date: Date:
By: By:
Michael J. Bouchard Warren C. Evans
Its: Sheriff Its: Sheriff
Date: Date:
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FISCAL NOTE (M.R. #06153) August 3, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE
AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS
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 Wayne County Sheriff requested that the Oakland County Sheriff
participate in a Parole Absconder Unit.
2. The resolution creates one (1) Deputy II in the Technical Services
Division to perform these duties.
3. The resolution adds one (1) unmarked vehicle to the county fleet at
a cost of $32,046. Funding will come from Contingency.
4. The total cost of participating in the program is $133,798 for 14
months. Wayne County agreed to reimburse the county up to $87,500
to offset the cost of the program. The Sheriff has agreed to use
$46,298 from the Law Enforcement Enhancement Account (4030101-
222430) to cover the shortfall.
5. The contract is effective from July 29, 2006 through September 30,
2007.
6. The FY 2007 Executive Recommended budget will be amended during the
budget process.
7. A budget amendment for FY 2006 is recommended as follows:
GENERAL FUND #10100
Revenue
4030901-110100-631869 Reimb. Salaries
4030101-112580-670285 Enhancement Funds
Total General Fund Revenue
FY 2006 FY 2007
$12,500 $ 75,000
$ 3,989 $ 42,309
$16,489 $117,309
Expenditures
4030901-110100-702010
4030901-110100-722740
4030901-110100-712020
4030901-110040-777560
4030901-110040-776661
4030901-110040-750070
Salaries
Fringe Benefits
Overtime
Radio Communications
Motor Pool
Deputy Supplies
$ 9,852 $ 63,316
$ 3,563 $ 35,551
$ 1,286 $ 7,714
$ 82 $ 494
$ 1,600 $ 9,600
$ 106 $ 634
$16,489 $117,309
Capital Costs
4030901-989999-788001-66100 Trfrs to Motcrpool $26,359
4030901-989999-788001-53600 Trfrs to Radio $ 5,687
9090101-196030-730359 Contingency $32,046)
0
Total General Fund Expenditures S16,489 $117,309
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers and Woodward
absent.
MOTOR POOL FUND #66100
Revenue
1030811-184010-631071 Leased Equipment $ 1,600 $ 9,600
1030811-989999-695500-10100 Trfrs from General $26,359 $ -U-
Total Motorpool Revenue $27,959 $ 9,600
Expenditures
1030811-184010-761121 Depreciation Vehicles $ 1,600 $ 9,600
Total Motorpool Expenses $ 1,600 $ 9,600
Motorpool-Estimated Change in Fund Equity $26,359 $ -0-
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment 82 $ 494
1080310-989999-695500-10100 Trfrs from Genera: $ 5,687 $ -0-
Total Radio Comm. Revenue 5,769 $ 494
Expenditures
1080310-115150-761121 Depreciation $ 82 $ 494
Total Radio Communications Expenses $ 82 $ 494
Radio Comm.-Estimated Change in Fund Equity $ 5,687 $ -0-
FINANCE COMMITTEE
Resolution #06153 July 20, 2006
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
August 3, 2006 Resolution #06163
Moved by Potter supported by Zack the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Zack the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Vote on resolution:
AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack,
Bullard, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
8110•1•4
Y APPROVE 11,1E FOREGONE ROOM
FM
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 3, 2006,
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 3rd day of August, 2006.
Ruth -J,abasortfCounty Clerk