HomeMy WebLinkAboutReports - 2023.09.14 - 40533
AGENDA ITEM: FY 2024-2026 Court Deputy Services Agreement with the 43rd District
Court/Madison Heights Division
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, September 14, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3282
Motion to authorize the Chair of the Board to enter into the attached agreement with the 43rd District
Court-Madison Heights for Fiscal Years 2024-2026 to continue two (2) General Fund/General
Purpose (GF/GP) PTNE 1,000 hours per year Court/Park Deputy positions (4030435-13050 and
13051) providing security services in the Courthouse Security Unit contingent upon the level of
funding associated with this agreement; further, amend FY 2024-2026 budgets as detailed in the
attached Schedule A.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
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, 2026. An
agreement to provide services and reimburse the County through September 30, 2026 has been
approved through the County Executive review process.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Curtis Childs
Gaia Piir, Sheriff Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 9/14/2023
AGENDA DEADLINE: 09/14/2023 6:00 PM
ATTACHMENTS
1. 2024 - 2026 DC Contract MADISON HTS 43rd Schedule A
2. FY 2024-2026 Court Deputy Services Agreement 43rd DC Madison Heights
COMMITTEE TRACKING
2023-09-05 Public Health & Safety - Recommend to Board
2023-09-14 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Christine Long
Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Brendan Johnson, Gary McGillivray, Michael Gingell (3)
Passed
Oakland County, Michigan
SHERIFF'S OFFICE –INTERLOCAL AGREEMENT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT - MADISON HEIGHTS FOR FISCAL YEARS 2024 - 2026
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID
# (PROJ)
Region
(REG)
Budget
Fund
Affiliat
e
(BFA)
Ledger
Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment FY 2026
Amendment
R General Fund Sheriff Corrective Svcs Satellite FND10100 CCN4030401 RC631806 PRG121280 630000 Reimb. Court Services $23,266 $25,121 $27,352
Total Revenues $23,266 $25,121 $27,352
E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 730000 Contingency $23,266 $25,121 $27,352
Total Expenditures $23,266 $25,121 $27,352
8/25/2023
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 1 of 9
OAKLAND COUNTY SHERIFF'S OFFICE
FY 2024 - 2026 COURT DEPUTY SERVICES AGREEMENT WITH
THE 43RD DISTRICT COURT MADISON HEIGHTS
This Agreement is made and entered into between the 43RD DISTRICT COURT MADISON
HEIGHTS, located within Oakland County, whose address is 200 W. Thirteen Mile Road, Madison
Heights, Michigan, 48071 ("Court"), and the COUNTY OF OAKLAND, a constitutional and
municipal corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 ("County"), and the OAKLAND COUNTY SHERIFF, a
Michigan constitutional officer, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341,
Bldg. #38 East ("Sheriff").
INTRODUCTION
Whereas, the Sheriff is required to provide Court Deputy Services for the Court when requested by
the Districts Courts of the Third Class; and
Whereas, the District Courts of the Third Class are required to pay for the Court Deputy Services so
provided; and
Whereas, the Court has requested that the Sheriff provide part time non-eligible (PTNE) Court
Deputies to perform Court Deputy Services as described herein, under the terms and conditions of this
Agreement;
NOW, THEREFORE, in consideration of these promises and 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 Parties agree as follows:
1. Definitions. The following words, when printed with the first letter capitalized, shall be defined
and interpreted as follows, whether used in the singular or plural, nominative or possessive case,
and with or without quotation marks:
1.1 "Oakland County Sheriff’s Office (‘O.C.S.O.’)" means the County and the Sheriff
jointly.
1.2 “Claims” means any alleged losses, claims, complaints, demands for relief or damages,
suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation,
costs, and/or expenses of any kind which are imposed upon, incurred by, or asserted against
a Party.
1.3 "County Agent" means any and all County officials elected or appointed to a County
office, and any and all County employees, managers, departments, divisions, volunteers,
representatives, and agents. County Agent also includes any person who was a County
Agent anytime during the term of this Agreement but, for any reason, is no longer
employed, appointed, or elected in that capacity.
1.4 "Court Agent" means any and all Court officials elected or appointed to the Court, and
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 2 of 9
any and all Court employees, managers, departments, divisions, volunteers,
representatives, and agents. Court Agent also includes any person who was a Court Agent
anytime during the term of this Agreement but, for any reason, is no longer employed,
appointed, or elected in that capacity.
1.5 "Court Liaison" means the Chief Judge of the Court or such other individual as
designated in writing by the Court Liaison to act in this capacity for all purposes under this
Agreement.
1.6 "O.C.S.O. Liaison" means the Sheriff’s Deputy who is designated by the Sheriff to
maintain all lines of communication with the Court Liaison. The O.C.S.O. Liaison will
generally be the commanding officer of the Sheriff’s Court Deputies contracted for and
assigned to provide Court Deputy Services under this Agreement.
1.7 "Court Deputy Services" means those services, as determined by the Sheriff, to preserve
the peace and security at the Court. Those services do not include transporting
detainees/prisoners in any capacity, or monitoring detainees/prisoners in custody or in lock
up areas.
1.8 "Sheriff’s Court Deputy" means a part time non-eligible (PTNE) deputy appointed as a
Special Deputy Sheriff to perform official duties as a Court Deputy.
2. Court Deputy Services in Accordance with Schedule A. The Sheriff will assign Sheriff’s Court
Deputies in the numbers and ranks shown in Schedule A - Sheriff’s Court Deputies Contracted for
and to be Assigned to the Court, which is attached and incorporated herein, to provide Court
Deputy Services at the Court during normal Court business hours in accordance with Schedule A.
3. No Warranty, Promise, or Guarantee. The Sheriff will make every reasonable effort to provide
Court Deputy Services to the Court, following generally accepted standards to maintain peace and
security at the Court, with the levels of staff provided for in Schedule A. However, this Agreement
shall not be interpreted to include any warranty, promise, or guarantee, either express or implied,
direct or indirect, or of any kind whatsoever in favor of the Court or any other person that the
O.C.S.O.'s provision of Court Deputy Services will result in any performance-based outcome.
4. Sole Purpose of Agreement. The sole and exclusive purpose of this Agreement is for the O.C.S.O.
to provide Court Deputy Services in and for the Court with the levels of staff provided for in
Schedule A. Except as otherwise expressly provided for in this Agreement, this Agreement does
not create any specific, direct or indirect obligation, duty, promise, benefit, or special right to the
O.C.S.O.'s Court Deputy Services in favor of or to the benefit of any particular person beyond that
of the O.C.S.O.'s or any Sheriff’s Court Deputy’s duty, as established under existing law, to the
general public.
5. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be
applicable to this Agreement will be made available by the Sheriff for inspection by the Court
Liaison at the O.C.S.O., by appointment, during normal business hours.
6. No Assignment/Delegation/Subcontract. The Court shall not assign, delegate, subcontract, or
otherwise, transfer, promise, commit, or lend any of the O.C.S.O.'s or Sheriff’s Court Deputy’s
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 3 of 9
services, duties, or obligations under this Agreement to any other public or private person,
corporation, entity, or organization of any kind.
7. Court’s Payment Obligations. The Court will pay the O.C.S.O. for all Court Deputy Services
provided pursuant to this Agreement at the Sheriff’s Court Deputies’ rates shown in Schedule A.
The hourly rates listed will apply even if the hours exceed those listed in Schedule A.
8.1 Yearly Rates Set by County Board of Commissioners. The Court understands that the
yearly rates for Court Deputy Services are set by the Oakland County Board of
Commissioners. The Court will pay the O.C.S.O. at the rates set by the Oakland County
Board of Commissioners for all Deputy Court Services performed in those years.
8.2 Invoice. For every monthly period (corresponding to established O.C.S.O. payroll
periods) during which any Sheriff’s Court Deputy provides any Court Deputy Services to
the Court under the terms of this Agreement, the O.C.S.O. will prepare and send to the
Court an invoice that sets forth the amount due for each Sheriff’s Court Deputy’s hours of
Court Deputy Services provided during that period. The Court agrees to pay to the County
the full amount due on any such invoice within 30 days of the invoice date.
8. Failure to Pay. If the Court, for any reason, fails to pay the County any monies due under this
Agreement, the following remedies shall be available to the County on an ongoing basis:
9.1 Setoff or Retention of Municipal Funds. The Court agrees that, unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled
to offset or retain the amount due from any other Court funds that are in the County’s
possession for any reason. Any setoff or retention of funds by the County shall be deemed
a voluntary assignment of the amount due by the Court to the County. The Court waives
any Claims against the County or County Agents for any acts related to the County’s
offsetting or retaining such amounts. This paragraph shall not limit the Court’s legal right
to dispute whether the underlying amount retained by the County was actually due and
owing under this Agreement.
9.2 Interest Charges. If the County chooses not to exercise its right to setoff or if any setoff
is insufficient to fully pay the County any amounts due and owing the County under this
Agreement, the County shall have the right to charge up to the then-maximum legal interest
on any unpaid amount. Interest charges shall be in addition to any other amounts due to
the County under this Agreement. Interest charges shall be calculated using the daily
unpaid balance method and accumulate until all outstanding amounts and accumulated
interest are fully paid.
9.3 Other Rights/Remedies. The County may pursue or exercise any and all other legal rights
or remedies against the Court to secure reimbursement of any overdue amounts.
9.4 Costs and Expenses for Securing Payment. If the County pursues any legal action in
any court to secure payment, the Court agrees to pay all costs and expenses, including
attorney’s fees and court costs incurred by the County in the collection of any amount owed
by the Court.
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 4 of 9
9. Independent Contractor Status. Neither the O.C.S.O. nor any Sheriff’s Court Deputy, by virtue
of this Agreement or otherwise, shall be considered or claimed to be an employee of the Court. At
all times and for all purposes under the terms of this Agreement, the O.C.S.O.'s legal status and
relationship to the Court shall be that of an independent contractor. The Court also agrees that in
any writing or any other communication prepared by, for, or at the direction of the Court, the Court
shall not state, suggest, or imply that any employment status or employment relationship exists
between any Sheriff’s Court Deputy and the Court.
10. O.C.S.O. is Sole and Exclusive Employer of Sheriff’s Court Deputies. The Court and the
O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the
O.C.S.O. shall remain the sole and exclusive employer of all Sheriff’s Court Deputies.
11. Terms and Conditions of Employment for Sheriff’s Court Deputies. This Agreement does not
create, change, modify, supplement, supersede, or otherwise affect or control, the terms or
conditions of employment of any Sheriff’s Court Deputy with the O.C.S.O., any applicable
O.C.S.O. employment or union contract, and any O.C.S.O. rules, regulations, hours of work, shift
assignments, orders, policies, procedures, directives, ethical guidelines, etc., which shall, solely
and exclusively, govern and control the employment relationship between the O.C.S.O. and any
Sheriff’s Court Deputy and the conduct and actions of any Sheriff’s Court Deputy.
12.1 Examples. To illustrate, but not otherwise limit, this Agreement does not in any way
limit, modify, control, or otherwise affect:
12.1.1 The complete and unilateral discretion of the Sheriff to either continue or
revoke the deputization of any Sheriff’s Court Deputy or any other person who,
in the Sheriff’s sole judgment, he does not believe is qualified or otherwise fit
to be a Sheriff’s Court Deputy.
12.1.2 The O.C.S.O.'s sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, or discharge any Sheriff’s
Court Deputy or pay any and all Sheriff’s Court Deputy’s wages, salaries,
allowances, reimbursements, compensation, fringe benefits, or otherwise
decide any and all such terms and conditions of employment and make any and
all employment decisions that affect, in any way, the employment of any
Sheriff’s Court Deputy with the O.C.S.O., subject only to its collective
bargaining agreements.
12.1.3 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 any other
judgment, policy or directive that, in any way, governs or controls any activity
of any Sheriff’s Court Deputy, any necessary Sheriff’s Court Deputy’s training
standards or proficiencies, any level or amount of required supervision, any
standards of performance, any sequence or manner of performance, and any
level of experience, training, or education required for any Sheriff’s Court
Deputy performing any O.C.S.O. duty or obligation under the terms of this
Agreement.
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 5 of 9
12. No Court Control of Sheriff’s Court Deputies. Neither the Court nor any Court Agents shall
provide, furnish, or assign any Sheriff’s Court Deputy with any job instructions, job descriptions,
job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any
Sheriff’s Court Deputy in the performance of any Court Deputy Services under the terms of this
Agreement. Except as expressly provided for under the terms of this Agreement, no Sheriff’s Court
Deputy while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments for the Court or Court Agents,
and no Sheriff’s Court Deputy shall be otherwise employed or utilized in any manner by the Court.
13. Sheriff’s Deputies Paid by O.C.S.O. The O.C.S.O. shall remain solely and exclusively
responsible for the payment of all Sheriff’s Court Deputies’ 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, workers' disability compensation, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory
or contractual right or benefit based, in any way, upon any Sheriff’s Court Deputy’s status as an
employee of the O.C.S.O.
14. Sheriff’s Court Deputies Shall Not Be Paid by Court. Except as expressly provided otherwise
in this Agreement, the Court shall not grant, give, allow, pay, reimburse, compensate, or otherwise
provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property,
supplies, benefits, or any other thing of value, either directly or indirectly, to any individual
Sheriff’s Court Deputy. Any consideration, monetary or otherwise, paid directly to the County,
and any personal property, automobiles, or any portable equipment (e.g., mobile telephones,
computers, laptops, tablets, etc.) supplied, provided, or leased directly to the County shall not, for
any purpose of this Agreement, be interpreted as being provided by the Court, either directly or
indirectly, to any individual Sheriff’s Court Deputy.
15. Sheriff’s Court Deputies’ Expenses Paid by O.C.S.O. Except as expressly provided otherwise
in this Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriff’s Court
Deputies with all tools, automobiles, radios, communications equipment (including mobile
telephones), firearms, and any and all other equipment that the O.C.S.O., in its sole judgment,
deems required or beneficial for the completion of any O.C.S.O.'s duty under the terms of this
Agreement. The O.C.S.O. shall also be solely and exclusively responsible for any and all Sheriff’s
Court Deputy’s professional expenses, licenses, uniform or equipment costs, insurance, supplies,
etc.
16. No Transfer, Delegation, or Assignment of Court’s Duties. Except as expressly provided for in
this Agreement, this Agreement does not, and is not intended to, transfer, delegate, or assign to the
County, the Sheriff, or any Sheriff’s Court Deputy any civil or legal responsibility, obligation, duty
of care, or liability associated with any governmental function delegated or entrusted to the Court
under existing law.
17. Communications With Court Liaison. The Court Liaison may contact the O.C.S.O. Liaison to
request, advise, or otherwise make the O.C.S.O. aware of any particular needs and services within
the Court, or to provide other relevant information. The Court Liaison may also bring to the
Sheriff’s attention any concerns that the Court may have regarding the assignment of any Court
Deputy to the Court.
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 6 of 9
18. Allegations of Improper Conduct of Sheriff’s Court Deputy. If the Court learns of any act or
allegation involving any Sheriff’s Court Deputy that is contrary to the terms and conditions of this
Agreement, or any other questionable or improper acts or omissions, the Court will promptly notify
and provide the Sheriff with any and all information that it has regarding the matter. The Court
will also promptly deliver to the Sheriff written notice and copies of any complaint, charge, or any
other allegation of wrongdoing, whether civil or criminal in nature, that the Court becomes aware
of regarding any Sheriff’s Court Deputy. The Court agrees to cooperate with the O.C.S.O. in any
investigation conducted by the Sheriff into the character and fitness of any Court Deputy.
19. Responsibility of Claims. Each Party shall be responsible for any Claims made against that Party
and for the acts of its respective Court and County Agents.
20.1 Legal Representation. For any 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.
20.2 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 the
other Party’s respective Court and County Agents in connection with any Claim.
20. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate,
or contravene any constitutional, statutory, 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 any Party. The O.C.S.O. reserves to itself any rights and obligations
relating to the provision of Court Deputy Services. This Agreement does not, and is not intended
to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, or other legal
right, privilege, power, obligation, duty, capacity, immunity, or character of office of the Sheriff,
the County, or the Sheriff’s Court Deputies. Further, this Agreement does not, and is not intended
to, create, grant, modify, or supersede in any manner, any right, privilege, benefit, or any other
term or condition of employment, of any kind or nature whatsoever, for any Sheriff’s Court Deputy
or any Sheriff’s Court Deputy’s agent, representative, or union.
21. Term. Subject to Paragraph 23, this Agreement will become effective at 12:00:00 A.M., October
1, 2023, and shall remain in effect until it expires without any further act or notice, at 11:59:59
P.M. on September 30, 2026. Upon the expiration of this Agreement, all further obligations of the
O.C.S.O. to provide Court Deputy Services to the Court under the terms of this Agreement shall
end.
22. Termination. Any Party may terminate this Agreement before its expiration by providing written
notice to all other Parties at least ninety (90) days prior to the proposed termination date, which
must be clearly stated in the written notice. Upon the termination of this Agreement, all further
obligations of the O.C.S.O. to provide Court Deputy Services to the Court under the terms of this
Agreement shall end.
23. Resolution Required. This Agreement and any amendment shall not become effective prior to
approval by resolution of the County Board of Commissioners. The approval and terms of this
Agreement shall be entered in the official minutes and proceedings of the County Board of
Commissioners.
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 7 of 9
24. Amendments. This Agreement shall not be changed or supplemented orally. All amendments must
be in writing and signed by an authorized signor of each Party.
25. New Agreement Required to Continue Court Deputy Services Beyond Expiration Date. If the
Court wishes to enter into a new agreement for Court Deputy Services upon the expiration of this
Agreement, it will notify the O.C.S.O., in writing, of this intent no later than June 30, 2026. This
paragraph does not obligate the O.C.S.O. or the Court to continue any Agreement for any Court
Deputy Services beyond the expiration of this Agreement, unless a new contract is fully executed
by the Parties.
26. Survival of Terms and Conditions. The following terms and conditions will survive and continue
in full force beyond the termination or expiration of this Agreement (or any part thereof) until the
terms and conditions are fully satisfied or expire by their nature: Paragraph 1 (Definitions),
Paragraph 3 (No Warranty, Promise, or Guarantee), Paragraph 7 (Court’s Payment Obligations),
Paragraph 8 (Failure to Pay), Paragraph 10 (O.C.S.O. is Sole and Exclusive Employer of
Sheriff’s Court Deputies), Paragraph 11 (Terms and Conditions of Employment for Sheriff’s
Court Deputies), Paragraph 16 (No Transfer, Delegation, or Assignment of Court’s Duties),
Paragraph 18 (Allegations of Improper Conduct of Sheriff’s Court Deputy), Paragraph 19
(Responsibility of Claims), Paragraph 20 (Reservation of Rights), Paragraph 25 (New
Agreement Required to Continue Court Deputy Services Beyond Expiration Date), Paragraph 26
(Survival of Terms and Conditions), Paragraph 27 (Notices), Paragraph 28 (Governing Law),
Paragraph 29 (Captions and Contract Language), Paragraph 30 (Waiver), Paragraph 31
(Binding Affect), Paragraph 32 (Cumulative Remedies), Paragraph 33 (Severability), and
Paragraph 34 (Entire Agreement).
27. Notices. All correspondence and written notices required or permitted by this Agreement shall be
in writing and sent to each of the signatories of this Agreement, or any signatory successor in
office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all
correspondence or written notices shall be considered effective: (a) the next business day, if
personally delivered; (b) the third business day, if sent by U.S. mail, postage prepaid, return receipt
requested; (c) the next business day, if sent by a nationally recognized overnight express courier
with a reliable tracking system; or (d) the next business day with a written response or receipt of
confirmation, if sent by e-mail or fax.
28. Governing Law. 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.
29. Captions and Contract Language. The section numbers, subsection numbers, and captions
contained in this Agreement are intended for the convenience of the reader, are not intended to
have any substantive meaning, and shall not be interpreted to limit or modify any substantive
provisions of this Agreement. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not construed strictly for or against any
Party. In this Agreement, for any noun or pronoun, use of the singular or plural form, use of the
nominative possessive, or objective case, and any reference to gender (masculine, feminine, and
neuter) shall mean the appropriate form, case, or gender as the context requires.
30. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given
pursuant to this Agreement. No failure or delay by any Party in exercising any right, power, or
privilege hereunder shall operate as a waiver thereof. No written waiver, in one or more instances,
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 8 of 9
shall be deemed or construed as a continuing waiver of any term or condition of this Agreement.
No waiver by any Party shall subsequently affect its right to require strict performance of this
Agreement.
31. Binding Affect. This Agreement shall be binding upon the County, the Sheriff, and the Court to
the extent permitted by law, upon their successors and assigns, and upon all persons acting by,
through, under, or in concert with any of them.
32. Cumulative Remedies. A Party’s exercise of any remedy shall not preclude the exercise of any
other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion,
to determine which remedies are to be exercised and in which order.
33. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be
illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms or conditions shall remain in full force and effect.
34. Entire Agreement. This Agreement, including Schedule A, represents the entire agreement and
understanding between the Parties regarding the O.C.S.O.'s provision of Court Deputy Services to
the Court. This Agreement supersedes all other prior oral or written understandings,
communications, agreements, or contracts between the Parties in any way related to the subject
matter hereof.
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.
IN WITNESS WHEREOF, Keith Hunt, Chief Judge of the 43rd District Court Madison Heights,
hereby acknowledges that they have are authorized to execute this Agreement on behalf of the Court
and hereby accepts and binds the Court to the terms and conditions of this Agreement on this ______
day of _______________, 2023.
WITNESSES:
____________________________________
43rd DISTRICT COURT
BY: ________________________________
Keith Hunt
Chief Judge, 43rd District Court
O.C.S.O. FY 2024-2026 Court Deputy Services Agreement With 43rd District Court – Madison Heights
Rev. August 2023 Page 9 of 9
IN WITNESS WHEREOF, DAVID T. WOODWARD, 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 and hereby accepts and binds the County of Oakland to the terms and
conditions of the Agreement on this ______ day of _______________, 2023.
WITNESS:
____________________________________
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY: ________________________________
DAVID T. WOODWARD
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County
Sheriff to the terms and conditions of the Agreement on this ______ day of _______________, 2023.
WITNESS:
____________________________________
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY: _______________________________
MICHAEL J. BOUCHARD,
Oakland County Sheriff
FY 2024-2026
Schedule A
Sheriff's Office
Cost for 43rd District Court-Madison Heights
Salaries and Fringes 10/1/2023-9/30/2024 10/1/2024-9/30/2025 10/1/2025-9/30/2026
2 PTNE Court/Park Deputy positions
1,000 ea.
(2023/2024-$27.33 per hour)54,660.00$
(2024/2025-$27.88 per hour)55,760.00$
(2025/2026-$28.44 per hour)56,880.00$
Fringes at 5.25%2,869.65$ 2,927.40$ 2,986.20$
57,529.65$ 58,687.40$ 59,866.20$
Cost per hour 28.76$ 29.34$ 29.93$
Annual operating costs for one 1,000 hr. position
Uniforms 223.00$ 234.00$ 246.00$
Deputy Supplies 477.00$ 501.00$ 526.00$
Body Worn Cameras 328.00$ 372.60$ 600.96$
Indirect Cost 1,995.09$ 2,035.24$ 2,076.12$
Liability Insurance 2,685.00$ 2,819.00$ 2,960.00$
5,708.09$ 5,961.84$ 6,409.08$
Monthly Charge for ea. 1,000 hrs.475.67$ 496.82$ 534.09$
Monthly Charge for 2,000 hrs.951.35$ 993.64$ 1,068.18$
District Court Sergeant (Supervisor)
Annual Charge for Sergeant 9,242.00$ 9,432.00$ 9,590.00$
Monthly Charge for Sergeant 770.17$ 786.00$ 799.17$
Estimated Annual costs 78,187.83$ 80,043.07$ 82,274.36$
Actual may be higher due to number of hours worked