HomeMy WebLinkAboutResolutions - 2008.02.07 - 9443Resolution #08018 January 17, 2008
January 17, 2008
MISCELLANEOUS RESOLUTION #08018
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 M.R. #06153 approved a contract with the County of Wayne and Oakland for
warrant enforcement parole absconders;
WHEREAS the Wayne County Sheriff has requested that the Oakland County Sheriff continue
to participate in a Parole Absconder Unit; and
WHEREAS the Sheriff has agreed to participate in said unit: and
WHEREAS the Sheriff is requesting to continue 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 12
months; and
WHEREAS the Sheriff has agreed to fund the remaining portion from the Sheriff's 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 S1,055,010.94 to the Sheriffs Office Law Enforcement
Enhancement Account (balance as of 12/31/07) 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 position until September 30, 2008; and
WHEREAS the estimated costs are $114,768 for the period of October 1, 2007 through
September 30, 2008, with Wayne County funding $75,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the use of the Sheriffs Office Law Enforcement Enhancement Account (#10100-
4030101-222430) to continue funding one (1) GF/GP Deputy II position (#4030915-10498)
with a vehicle in the amount of $39,768 and authorizes the Chairperson of the Board to sign the
attached contract for the period of October 1,2007 through September 30, 2008.
BE IT FURTHER RESOLVED that future level of service, including the Deputy II position
(#10498) 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.
Qk
PISERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
The Chairperson referred the reso!ution to the Finance Committee. There were no objections.
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 Sheriffs 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 Sheriff's Office or designee in coordination with the Oakland County
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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 October 1, 2007 through September 30, 2008.
2.06 The County shall reimburse the Contractor for the cost of general
operations related to participation not to exceed the total amount of Seventy
Five Thousand ($75_000.00) over the course of this agreement.
2.07 The Contractor shall submit a monthly invoice for general operations
participation costs at one-twelfth (1/12) of the total base annual compensation,
or Six Thousand Two Hundred Fifty and 00/100 Dollars ($6,250.00).
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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 Si Million
Dollars per occurrence and $1 Million Dollars aggregate.
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
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Dollars aggregate and with minimum limits for property damage of
$500,000 each occurrence and $1 Million Dollars aggregate.
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
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
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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.
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 If either party discloses confidential information to the other
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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.
8.02 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.
9. NONDISCRIMINATION PRACTICES
9.01 Each party must comply with:
A. Titles VI and VII 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 (PA. 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.
10. NOTICES
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10.01 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
10.02 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.
10.03 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.
11. WAIVER OF ANY BREACH
11.01 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.
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12. SEVERABILITY OF PROVISIONS
12.01 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.
13. MERGER CLAUSE
13.01 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.
14 JURISDICTIONS AND LAW
14.01 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.
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15. MISCELLANEOUS
15.01 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.
15.02 Articles 5, 6 and 15 survive termination of the Contract.
15.03 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.
15.04 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.
15.05 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.
15.06 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.
15.07 As used, the singular includes the plural, the plural includes the singular, and
the use of any gender is applicable to all genders.
15.08 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.
Bill Bullard Jr.
Chairman
Oakland County Board of
Commissioners
Robert A. Ficano
County Executive
15.09 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.
15.10 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 I, 2004.
16. AUTHORIZATIONS AND CAPABILITY
16.01 Each party warrants that it has taken all actions necessary for the
authorization, execution. delivery and performance of this Contract. It is
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.
17. SIGNATURE
17.01 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:
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By: By:
Michael J. Bouchard Warren C. Evans
Its: Sheriff Its: Sheriff
Date: Date:
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Resolution #08018 January 17, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #08018) February 7, 2008
BY: Finance Committee, Mike Rogers, 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 continues funding for one (1) Deputy II in the Technical Services Division to
perform these duties.
3. The resolution also continues funding for one (1) unmarked vehicle in the county fleet.
Funding will come from the Law Enforcement enhancement account.
4. The total cost of participating in the program is $114,768 for 12 months. Wayne County
agreed to reimburse the county up to $75,000 to offset the cost of the program. The Sheriff
has agreed to use $39,768 from the Law Enforcement Enhancement Account (4030101-
222430) to cover the shortfall.
5. The contract is effective from October 1, 2007 through September 30, 2008.
6. A budget amendment for Fiscal Year 2008 is recommended as follows:
FY 2008
GENERAL FUND #10100
Revenue
4030901-110100-631869
4030101-112580-670285
Total General Fund Revenue
Expenditures
4030901-110100-712020 Overtime
Total General Fund Expenditures
$ 75,000
$ 39,768
$114,768
$114,768
$114,768
Reimb. Salaries
Enhancement Funds
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Douglas and
Potter absent.
APPROVE THE FOREGOING RESOLUTICW
?-7jW
Resolution #08018 February 7, 2008
Moved by Gregory supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 February 7, 2008,
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 7th day of February, 2008.
Ruth JOWSIen","County Clerk