HomeMy WebLinkAboutResolutions - 2006.09.21 - 28308September 21, 2006
REPORT (MISC. #06172)
BY: Personnel Committee, Gregory C. Jamian, Chairperson
RE: MR #06172 Sheriff's Office — Contract for Court Security at the 50 th District Court
— Pontiac for 2006/2007/2008
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed MR #06172 on September 13, 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
Personnel Committee Vote:
Motion carried on a roll call vote with Hatchett voting no
MISCELLANEOUS RESOLUTION #06172 August 31, 2006
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 50TH
DISTRICT COURT - PONTIAC FOR 2006/2007/2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 50th District Court in Pontiac is requesting that the
Sheriff provide security to the Court with both FTE and PTNE Court
Deputies, and the Board of Commissioners has authorized other District
Courts the opportunity to contract with the Sheriff's Office for
security; and
WHEREAS the Court is requesting to contract for FTE and 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 this contract 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 50th District Court-
Pontiac for the Fiscal Years 2006/2007/2008.
BE IT FURTHER RESOLVED that one (1) FTE Deputy II position (for
supervisory purposes), four (4) FTE Deputy I positions and four (4)
PTNE 1,000 hrs./yr hour Court Deputy II positions be created.
BE IT FURTHER RESOLVED that six (6) prep radios, two (2) PC's
with printer and five (5) Tasers be added to the County inventory.
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, T move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE VOTE:
Motion carried on a roll call vote with Potter absent and Gershenson
voting no.
CONTRACT TO PROVIDE SECURITY FOR THE 50th DISTRICT cOURT-PONTIAC
THIS CONTRACT entered into on the day of , 2006, between the
COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereinafter COUNTY), the 50th DISTRICT COURT-PONTIAC, 70 N.
Saginaw Street, Pontiac, Michigan, 48342 (hereinafter COURT), and the City of Pontiac, 47450
Woodward Avenue, Pontiac, Michigan 48342 for the purpose of providing security for the 50th 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, all costs for deputies furnished to the 50 District Court must be borne by the City of
Pontiac; and,
WHEREAS, the 50th District Court has requested that the Oakland County Sheriff provide four (4)
PTNE Court Deputy II positions (working 1000 hours each for a total of 4000 hours); four (4) FTE Deputy I
positions; and one (1) FTE Supervisor Deputy II positions for purposes of providing security for the Court,
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 four (4) PTNE Court Deputy II positions (working
1000 hours each for a total of 4000 hours), four (4) FTE Deputy I positions and one (1) FTE Supervisor
Deputy II position at the 50th District Court during normal COURT business hours; and,
(2) The Court agrees that it will maintain a minimum of six (6) full-time Court Officers during
the term of this Agreement. Court Officers shall be employed by the Court and remain under the direct
supervision of the Court at all times during the course of this Agreement. The Parties further agree that
all duties and responsibilities of Court Officers and Sheriff Deputies assigned to the Court will be defined
within an operations manual relating to Court Security. The parties agree to work cooperatively in the
preparation of this operations manual and to abide by the procedures spelled out in the manual
throughout the course of this Agreement.
(3) The City of Pontiac will pay the County at the rate established by the attached Schedule
A, which amount includes the hourly rate and required fringe benefits. The City of Pontiac will also pay a
monthly operating fee as established by Schedule A to cover the provision of uniforms, supplies, liability
insurance, and portable radios, all of which are essential to the provision of security at the Court.
Payments by the City to the County shall be made within 10 days of receipt of an invoice from the County
for hours worked, fringe benefits and operating costs of the requested Deputies.
(4) Should the Court or the City of Pontiac fail, for any reason, to timely pay the County the
amounts required under this Agreement, the Court and City of Pontiac agree that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan
official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to
withhold any funds due the Court or the City of Pontiac from the State, and assign those funds to partially
or completely offset any deficiency by the Court or the City of Pontiac to the County. Such funds shall be
paid directly to the County. Further, the Court and the City of Pontiac waive any claims against the State
or County, or their respective officials, for any such amounts paid to the County.
(5) Should the Court or the City of Pontiac fail for any reason to timely pay the County the
amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any
amounts due the Court from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due
WITNESSES: COUNTY OF OAKLAND
the Court or the City of Pontiac in the possession of the County, to partially or completely offset any
deficiency by the Court, unless expressly prohibited by law. Such a transfer shall be considered an
assignment by the Court and/or the City of Pontiac to the County. Further, the Court and City of Pontiac
waive any claims against the County, or its officials, for any such amounts paid to the County.
(6) Paragraphs 4 and 5 shall not operate to limit in any way the County's right to pursue any
other legal remedies against the Court or the City of Pontiac for the reimbursement of amounts due the
County under this Agreement. The remedies in this paragraph are available to the County on an ongoing
and successive basis, as the Court or the City of Pontiac becomes delinquent in its payments.
(7) The term of this Contract shall be from the date first signed above until September 30,
2008. The parties agree that rates established by Schedule A 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
Deputy Sheriffs to the Court.
(8) Either the COUNTY or the COURT may terminate this Agreement, prior to its September
30, 2008 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.
(9) 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, 2008. 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, 2008. In no event shall this paragraph be interpreted
to 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.
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.
7
By:
BILL BULLARD. JR., Chairperson,
Oakland County Board of Commissioners
Dated:
WITNESSES: CITY OF PONTIAC
By:
ARTHUR J. MCCLELLAN, President
City Council
Dated:
WITNESSES: 50th DISTRICT COURT
THE HONORABLE LEO BOWMAN
Chief Judge, 50th District Court
Dated:
Salaries and Fringes
1-Deputy II Supervisor
4-Deputy I
Fringes at 9.2%
Sub Total
PTNE Cost Per Hour
Operating
Portable Radio (6)
Uniforms
Deputy Supplies
Liability Insurance
$79,600.00
$82,000.00
2006/2007/2008
Schedule A
Sheriffs Office
Cost for 50th District Court-Pontiac
4-PTNE Court Deputy II Positions
1,000 Hours ea.
(200512006-$19.90 per hour)
(200612007-$20.50 per hour)
(2007/2008-$21.12 per hour)
(2008/2009-$21.75 per hour)
Monthly Charge
Estimated costs
Annual Rate
10/01/05-9/30/06
$ 92,849.00
$ 292,180.00
$7,323.20
$86,923.20
$21.73
$1,460.00
$2,946.00
$2,088.00
$5,466.00
$11,960.00
$996.67
$ 483,912.20
Annual Rate
10/01/06-9/30/07
$ 96,418.00
$ 304,072.00
$7,544.00
$89,544.00
$22.39
$1,504.00
$3,036.00
$2,148.00
$5,634.00
$12,322.00
$1,026.83
$ 502,356.00
Annual Rate
10/01/07-9/30108
$ 100,171.00
$ 316,636.00
$84,480.00
$7,772.16
$92,252.16
$23.06
$1,548.00
$3,126.00
$2,214.00
$5,802.00
$12,690.00
$1,057.50
$ 521,749.16
Annual Rate
10/01/08-9/30/09
$ 103,176.00
$ 326,135.00
$87,015.00
$8,005.38
$95,020.38
$23.76
$1,595.00
$3,220.00
$2,280.00
$6,092.00
$13,187.00
$1,098.92
$ 537,518.38
Actual may be higher due to number of hours worked
Resolution #06172 August 31, 2006
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
$ 1,504
$ 1,504
$ 1,548
$ 1,548
FISCAL NOTE (MISC. #06172) September 21, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - CONTRACT FOR COURT SECURITY AT THE 50" DISTRICT
COURT - PONTIAC FOR 2006/2007/2008
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 50 th District Court in Pontiac is requesting a contract
between the 50 th District Court, City of Pontiac and the Oakland
County Sheriff for court security services.
2. The contract becomes effective when signed and expires on
September 30, 2008.
3. The contract creates one (1) FTE Deputy II position, four (4) FTE
Deputy I positions and four (4) PTNE Court Deputy II positions in
the Corrective Services-Satellites Division of the Sheriff's
Office.
4. Operating revenues and expenses will equal $502,356 for Fiscal
Year 2007 and $521,749 for Fiscal Year 2008.
5. The contracts adds six (6) prep radios, two (2) PC's with printer
and five (5) Tasers to the County inventory at a cost of $6,112.
Funding will come from contingency.
6. A budget amendment to the FY 2006, FY 2007 and FY 2008 budget is
recommended as follows:
FY 2006
GENERAL FUND #10100
Revenue
4030401-121280-631806 Reimb. Salaries
Total General Fund Revenue
FY 2007 FY 2008
$502,356 $521,749
$_502,356 $521,749
Expenditures
4030401-121280-702010-40420 Salary $342,757 $355,890
4030401-121280-722740-40420 Fringe Benefits $147,277 $153,169
4030401-121280-777560 Radio Rental $ 1,504 $ 1,548
4030401-121280-750070 Deputy Supplies $ 2,148 $ 2,214
4030401-121280-750581 Uniform Cost $ 3,036 $ 3,126
4030401-121280-774677 Liability Ins. $ 5,634 $ 5,802
4030401-121280-773637 Info Tech Oper. $ 5,712 $ 5,883
9090101 -196030-730359 Contingency 5,712) ($ 5,883)
Total General Fund Expenditures $_502,356 $521,749
Capital Costs
4030401-121280-750170 Other Expend. Equip. $ 4,020
4030401-989999-788001-63600 Trfrs. to IT $ 2,092
9090101-196030-730359 Contingency ($ 6,112)
RADIO COMMUNICATIONS FUND #53600
Revenue
1080310-115150-631071 Leased Equipment
Total Radio Comm. Revenue
FINANCE COMMITTEE
Motion carried on a roll call vote with Melton voting no and Coulter absent.
Expenditures
1080310-115150-761121 Depreciation
Total Radio Communications Expenses
INFORMATION TECHNOLOGY FUND #63600,
Revenue
1080101-152010-631372 OC Dept. Operations
1080101-989999-695500-10100 Transfers In
Total IT Fund Revenue
•
$ 1,504 $ 1,548
1,548
$ 5,712 $ 5,883
$ 2,092 $
$ 7,804 $ 5,883
Expenditures
1080601-152010-750154 Expendable Equipment $ 2,092 0
1080101-152010-761121 Depreciation Equipment $ 5,712 $ 5,883
Total IT Fund Expenses 7,804 $ 5,883
FINANCE COMMITTEE
Ruth 7Y4A,airorVCounty Clerk
I IBIN APPROVE
"7
Resolution #06172 September 21, 2006
Moved by Potter supported by Moss the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Moss the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Jamian, Kowa, Long, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers,
Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas,
Gregory. (22)
NAYS: hatchett, Melton, Gershenson. (3)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
"NONA
7/2-1 /di
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
September 21, 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 21st day of September, 2006.