HomeMy WebLinkAboutResolutions - 2020.09.23 - 33664MISCELLANEOUS RESOLUTION#20405 September 23, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee
IN RE: SHERIFF'S OFFICE - AGREEMENT TO PROVIDE SECURITY FOR THE 43RD DISTRICT
COURT — MADISON HEIGHTS FOR FISCAL YEARS 2021-2023
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 43rd District Court in Madison Heights is requesting that the Sheriff continue to provide
security to the Court with Part -Time Non -Eligible (PTNE) Court Deputies through September 30, 2023, and
the Board of Commissioners has authorized District Courts the opportunity to contract for security; and
WHEREAS the Court is requesting to continue the agreement 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. #17217 authorized an agreement for Security for the Madison Heights District Court
through September 30, 2020; and
WHEREAS an agreement to provide services through September 30, 2023, has been approved through
the County Executive review process; and
WHEREAS the operating revenue generated by this contract is estimated at $60,697 in FY 2021, $61,920
in FY 2022 and $63,148 in FY 2023; and
WHEREAS approval of the agreement to reimburse the County for this service will be necessary (see
attached agreement 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 agreement for security with the 43rd District Court -
Madison Heights for the Fiscal Years 2021-2023.
BE IT FURTHER RESOLVED to continue two (2) General Fund/General Purpose (GF/GP) PTNE
Court/Park Deputy positions (4030435 -13050 & 13051) and increase the positions from 800 hours per
year to 1,000 hours per year in the Courthouse Security Unit, contingent upon the level of funding
associated with this agreement.
BE IT FURTHER RESOLVED that the FY2021 — FY2023 budgets are amended as follows:
GENERAL FUND (#10100)
FY 2021
FY2022
FY2023
Revenue
4030401-121280-631806
Reimb. Court Services
$932
$ 1,223
$1,228
9010101-196030-665882
Planned Use of Balance
9 853
9 562
9 557
Total Revenue
10 785
$1J785
Ezoenditures
4030401-121280-702010
Salaries Regular
$10,246
$ 10,246
$ 10,246
4030401-121280-722900
Fringe Benefit Adjustment
539
539
539
Total Expenditures
S14
$10.785
10 785
Chairperson, on behalf of the
Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
Commissioner Penny Luebs, District #16
Chairperson, Health, Safety and Human Services
Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer absent.
FISCAL YEAR 2021-2023 OAKLAND COUNTY SHERIFF'S OFFICE AGREEMENT
TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT — MADISON HEIGHTS
This Agreement 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 43rd DISTRICT COURT — Madison Heights, 200 W. Thirteen Mile Road, Madison
Heights, MI 48071 (hereinafter "COURT"), for the purpose of providing security for the COURT pursuant
to the terms and conditions in this Agreement. The COUNTY and COURT may be referred to collectively
as the "Parties" or individual as a "Party."
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 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. PTNE Deputies Provided. The Oakland County Sheriff will provide part time non -eligible Court
Deputies for Court security at the 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
PTNE 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 PTNE 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 Agreement shall be from October 1, 2020 until September 30, 2023
4. Termination. Either the COUNTY or the COURT may terminate this Agreement, prior to its
September 30, 2023 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 Agreement shall end. The termination of this Agreement however arising shall not
affect the rights, benefits, obligations, duties, or liabilities of either Party accrued prior to termination.
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, 2023. 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 Agreement unless a new fully executed
contract is executed by the Parties.
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.
S. Governmental Immunitv and Authoritv 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.
9. Survival. The provisions in this Agreement which by their content are intended to, or by their nature
would, survive the performance, termination, or expiration of this Agreement, shall survive termination
or expiration of this Agreement.
IN WITNESS WHEREOF, the Parties, through their representatives, warrant that they have full and
complete authority to enter into, execute and perform this Agreement, and have executed this Agreement
as of the date set forth below.
WITNESSES COUNTY OF OAKLAND
By:
DAVID T. WOODWARD, Chairperson,
Oakland County Board of Commissioners
Dated:
WITNESSES: 43rd DISTRICT COURT
Bw
HONORABLE
Chief Judge, 43rd District Court
Dated:
2021-2023
Schedule A
Sheriff's Office
Cost for 43rd District Court -Madison Heights
Salaries and Frinqes 10/1/2020-9/30/2021 10/1/2021-9/30/2022 10/1/2022-9/30/2023
2 PTNE Court/Park Deputy positions
1,000 ea.
(2020/2021-$23.76 per hour)
(2021/2022-$24.24 per hour)
(2022/2023-$24.72 per hour)
Fringes at 5.26%
Cost per hour
ODeratino for one 2.000 hr. position
Uniforms
Deputy Supplies
Liability Insurance
Monthly Charge for ea. 2,000 hrs.
$ 47,520.00
$ 2,499.55
$ 50,019.55
$ 25.01
$ 562.00
$ 1,103.00
$ 1,220.00
$ 2,885.00
$ 240.42
Annual Charge for Sergeant $ 7,792.00
Monthly Charge for Sergeant $ 649.33
Estimated Annual costs $ 60,696.55
Actual may be higher due to number of hours worked
$ 48,480.00
$ 2,550.05
$ 51,030.05
$ 25.52
$ 573.00
$ 1,125.00
$ 1,244.00
$ 2,942.00
$ 245.17
$ 7,947.84
$ 662.32
$ 61,919.89
$ 49,440.00
$ 2,600.54
$ 52,040.54
$ 26.02
$ 584.00
$ 1,148.00
$ 1,269.00
$ 3,001.00
$ 250.08
$ 8,106.80
$ 675.57
$ 63,148.34
Resolution #20405
September 23, 2020
Moved by Luebs seconded by Gershenson the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowa[[, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
",,, c L
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO MCL 45.559A (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 September 23,
2020, 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 Circuit Court at Pontiac,
Michigan this 23rd day of September, 2020.
tea/ &e&-
Lisa Brown, Oakland County