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HomeMy WebLinkAboutResolutions - 2008.07.31 - 9492July 17, 2008 MISCELLANEOUS RESOLUTION #08150 BY: Public Services Committee, Jeff Potter, Chairperson - IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT - MADISON HEIGHTS FOR 2009/2010/2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 43rd District Court in Madison Heights requested that the Sheriff provide security to the Court with PTNE Court Deputies and the Board of Commissioners has authorized other District Courts the opportunity to contract for security; and WHEREAS the Court is requesting to continue the contract 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 MR. #05120 authorized a contract for Court Security for the Madison Heights District Court through September 30, 2008; 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 :T 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 43rd District Court- Madison Heights for the Fiscal Years 2009/201C/2011. BE IT FURTHER RESOLVED that the two (2) PTNE 1,000 hrs/yr Court Deputy II positions (4030435-09823 & 09824) be continued and be reviewed in the budget process. 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 unanimously on a roll call vote with Middleton and Gingell absent' CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-MADISON HEIGHTS THIS CONTRACT entered into cn the first day of October, 2008, between the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter ACOUNTYe), and the 43RD DISTRICT COURT-MADISON HEIGHTS, 200 West Thirteen Mile Rd., Madison Heights, Michigan 48071 (hereinafter "COURT"), for the purpose of providing security for the 43rd 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, the District Courts of the Third Class are required to pay for the Court security so provided; and, WHEREAS, the 43rd District Court has requested that the Oakland County Sheriff provide a part time non-eligible (PTNE) Court Deputy 11 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) The Oakland County Sheriff will provide a certified part time non-eligible Court Deputy II for Court security at the 43rd District Court during normal COURT business hours; and, —(2) The COURT will pay the COUNTY for the PTNE Court Deputy 11 at the rate established by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The COURT will also pay a monthly operatiny fee clb eetablished by Schedule A to cover the cost of the PTNE Court Deputy II's uniforms, supplies, liability insurance, and portable radio, all of which are associated with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours worked, fringe benefits and operating caste of the PINE Court Deputy (3) The term of this Contract shall be from the (Jett fiist iy rred above until September 30, 2011. 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 operatieg rate will be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a PTNE Court Deputy Sheriff to the Court. (4) Either the COUNTY or the COURT may terminate this Agreement, prior to its September 30, 2011 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. (5) In the event that the COURT wishes to enter into a new agreement for Court Security upon the expiration of this Agreement, it will nctity the COUNTY, in writing, of this intent no later than June 30. 2011. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the COUNTY has a similar interest; tne COUNTY shall present the COURT with a new pr tdputtl uii1ldA fur continued Court Security on, or before, August 30, 2011. 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. WITNESSES: COUNTY OF OAKLAND IN WITNESS WHEREOF. the parties have signed this Contract the date and year set forth below. By: BILL BULLARD. JR., Chairperson, Oakland County Board of Commissioners Dated: WITNESSES: 43RD DISTRICT COURT By: HONORABLE ROBERT J. TURNER Judge, 43 ° District Court Dated: 2 2009/2010/2011 Schedule A Sheriffs Office Cost for 43 District Court-Madison Heights Salaries and Fringes, 2 PTNE Court Deputy II positions 1,000 ea (2008/2009-$20.49 per nour) (2009/2010-$20.90 per hour) (2010/2011-$21.34 per hour) Fringes at 9.2% Cost per hour Annual Charge Annual Charge Annual Charge 10/01/08-9130/09 10/01/09-9130/1C 10/01/10-9/30/11 $40,980.00 $41,800.00 $42,680.00 $3,770.16 $3 845.60 $3,926.56 $44,750.16 $45645.60 $46,606.56 $22.38 $22.82 $23.30 Operating Portable Radio $- S- Uniforms $ 473.00 $ 487.0C 5 502.00 Deputy Supplies S 393.00 $ 405.00 $ 47.00 Liability Insurance $ 1,782.00 $ 1 835.00 $ 1.891.00 $ 2.648.00 $ 2,727.00 S 2,810.00 Monthly Charge $ 220.67 $ 227.25 $ 234.17 Estimated costs $47,398.16 $48,372.60 $49,416.56 Actual may be higher due to number of hours worked Resolution #08150 July 17, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #08150) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT COURT - MADISON HEIGHTS FOR 2009/2010/2011 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 43rd District Court in Madison Heighrs requested that the Sheriff provide security to the court with PTNE Court Deputies (Pos. #09823 and 09824), 2. Miscellaneous Resolution #05120 authorized a contract extension for court security for the Madison Heights District Court through September 30, 2008. The court is requesting to continue the contract for Fiscal Years 2009/201012011. 3, The operating revenue and expenses generated by the contract total $47,398 in Fiscal Year 2009, $48,373 in Fiscal Year 2010 and $49,417 in Fiscal Year 2011. 4. The effect of this contract was included in the FY 2009 / FY 2010 County Executive Recommended Budget. Therefore, no budget amendment is recommended. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers, Potter and Woodward absent. Resolution #08150 July 31, 2008 Moved by Rogers supported by Nash 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, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Builard. (24) 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) HEREBY APPROVE THE FOREGOING RESOLUTION ((z_1/4e/ 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 July 31, 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 31st day of July, 2008. Gat Ruth Johnson. County Clerk