HomeMy WebLinkAboutResolutions - 2009.02.05 - 9759January 22, 2009
MISCELLANEOUS RESOLUTION #09313
BY: Public Services Committee, Jeff Patter, 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 Miscellaneous Resolution, #08018 approved a contract with the County of Wayne acid
Oakland for warrant enforcement parole absconders; and
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 Sheriffs 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 $641,650.53 to the Sheriffs Office Law Enforcement
Enhancement Account (balance as of 2/31/08) 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, 2009: and
WHEREAS the estimated costs are $122,407 for the period of Octobe I, 2008 through September 30,
2009, 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
$47407 and authorizes the Chairperson of the Board to sign the attached contract for the period of
October 1, 2008 through September 33 2009.
BE IT FURTHER RESOLVED that future level of service, including the Deputy ll 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.
PUBLIC SERVICES COMMITTEE
c:ze,
Public Services Committee Vote:
Motion carried unanimously on a roll ca h vote with Zack absent
Resolution #09013 January 22, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
_ CONTRACT FOR SERVICES BETWEEN
COUNTY OF WAYNE AND THE COUNTY OF OAK1_AND
(CONTRACT ft'
THIS CONTRACT is between the County of Wayne. Michigan. a body corporate and
Charter county, acting through the Office of the Sheriff. (f.,.e. "County") and the County
• of Oakland, Michigan, acting through its Office of the Sherif' (the "Contractor")_
1. PURPOSE
1.01 The County desires to contract with the Contactor for one -(1) deputy
sheriff to be asslE,-ned to the Wayne Coun t y Sheriff's Wan-ant Enforcement
Burcau Parole .Abseonde7 Unit to supervse personnel. investigate. ]ocate an
arrest Michigan Department of torrecaion:' Correctional
Administration escapees, Field Operation:, Administration escapeei. parole
• violators, and when authorized by the 3011n, held Operations Administration,
Special Alternative Incarceration probation violators.
•
1.02 The Contractor desires to provide services to this program bv providing
police personnel.
SCOPE OF SERVICE
2.01 The County engages the Contracto-r, and :lit Contractor agrees to provide
one (1) Oakland County deputy sheriE to ser-,.] cc. :ills Contract.
2.02 The Contractor's deputy siiai carry out al duties
necessary to accomplish the goals of the contract under the daily :
administrative reCtioF of the Chief of Tic:6 Cmcration -7 for the 1,VER.ine•
County Sheriff fice cr aff4Me: the Oakland COMP
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 Sheriff's 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, 2008 through September 30, 2009,
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 (575,000.00) 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 (56,250.00).
• 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. RELATIONSIIIP 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 main(ain during the term of this
Contract the following insurance or program of self-insurance:
A. Professional liability insurance with MilliMUM limits of $1 Million
Dollars per occurrence and SiMillion Dollars aggregate.
B. Workers' Compensation Insurance, which meets Miebigar)
statutory requirements.
C. Comprehensive General Liability insurance with minimum limits
of bodily injury of $500,000 per occurrence and S1 Million
Dollars aggregate and with minimum limits for property damage of
$500,000 each occurrence and Sl Million Dollars aggregate.
D. 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 S500,000 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 rend: of claims, demands, costs, or
judgments arising out of activities to be caaicd out pursuant to the obligations
of the County under this Contract are the responsibility of the County and POI
• 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 mus', be borne by parties in relation
to each party's responsibilities under these joint activities.
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
impunity the County, or the Contractor, its officials, officers, agencies, or ,
employees, have as provided by statute or modified by court decisions.
7. - TERMESATI ON
Either party upon 30 days written notice may terminate this Contract.
Upon receipt of such notice, the parties inns: 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. CONFIDENTIAL, INFORMATION
• 8.0I If either party discloses confidential information to the other •
• 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.Regula.tions •
(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 ..Aniericans with Disabili'les Act of 1990 (42 U.S.C. §12101 et
• seq.) and its associated regulations.
E. The Michigan Civil Rights Act (P.A. : 976 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
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 I. 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 otheras 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 cr 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. -
12. SEVERABILITY O 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.
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 :eal 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 expressirm or in-pm-ling covenants and conditions are used
in each provision.
15.04 Neither party is responsible for force maj cure events. In the event of a dispute
-between the parties with regard to what cons:itutes 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 Contact 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.
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 1, 2004.
16. - AUTHORIZATIONS AND CAPABILITY
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 signine. this Contract is author'.zed to do so OD behalf of its
principal to this Contract.
This Contract is effective only upon review and approval by the
Wayne County Commission.
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:
Bill Bullard Jr. Robert A. Ficano
Chairman County Executive
Oakland County Board of
Commissioners
Date: Date:
By:_
Its: _
Date:
Michael J. Bouchard
Sheriff
By:
Warren C. Evans •
Its: Sheriff
Date:
ii
(12 mo.) 1103,617
7,750
10.440
600
1122,407
Salaries and fringes
Overtime
Vehicle
Deputy supplies
Total
Less:
Balance $47,407
575,000
Wayne/Oakland Absconder Unit
10/01/2008
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URrqfpkYRECEIVED
Oakland County Department of Corporation Counsel.
Request for Legal Assistance* (see .Note below)
PRIVILEGED AND CONFIDENTIAL - ATTORNEYICLIENT COMMUNICATION
Date: 10120/2008 Authorization (EJec(ed OfflciaDept Head/Divisio Manager or'
Other Authomed Supervisor)
Requested By: Dale Cunningham
Signature: DAC Phone Number: 248-858-5512 , ,
Department:Sheriff Division: Adm
Contact Person: Dale Cunningham
Phone: 248-858-5512 Einarl address: cunninghanui@oakgov.com
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We need to renew the A suu-nuei-wri IaL.,t. Attached is the old one and we would like to know of any
changes Corporation Counsel or Risk Management has. Thank you
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for presentation to the December 2 Public Services committee which means I will need it by November 21 for mailing.
Attachments: E Yes 0 No Sending by: 0 Inter-County mail E Email 0 Hand delivery
THIS COMPLETED FORM, WITH REQUIRED AUTHORIZATION CAN BE "E-MAILED" TO:
corocounselaoaknov.com OR SENT BY FAX: (248) 858-1003
Deliver hard copies to the attention of: Corporation Counsel Assignments
for presentation to the December 2 Public Services committee which means I will need it by November 21 for mailing.
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Oakland County Department of Corporation Counsel
Request for Legal Assistance* {See 'Note' below)
PRIVILEGED AND CONFIDENTIAL - ATTORNEY/CLIENT COMMUNICATION
Date: 10128/2008 Authorization (Elected Official/Dept. Heed/Division Manager or
Other Authorized Supervisor) Requested By: Dale Cunningham
Signature: DAC Phone Number; 248-858-5512 .
Department:Sheriff Division: Adm
Contact Person: Dale Cunningham
Phone: 248-858-5512 Email address; cunninghamd@oakgov.com
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We need to renew the Absconder contract. Attached is the old one and we would like to know of any
changes Corporation Counsel or Risk Management has. Thank you.
,
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Attachments: E Yes • No Sending by: I: Inter-County mail g Email CI Hand delivery
THIS COMPLETED FORM, WITH REQUIRED AUTHORIZATION CAN BE "E-MAILED" TO:
corocounsel@oaknov.com OR SENT BY FAX: (248) 858-1003
Deliver hard codes to the attention of: Cor • oration Counsel Assi•nments
14/OrThi EWLAWSujT -NtR-EED:OliMEANFORMATI.b:NAtItkEQUESTECP&IMUCItetjA4P,11;Algi.-4
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Resolution #09013 January 22, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #09013) February 5, 2009
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 Investigative and Forensic
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 $122.407 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 $47,407 from the Law Enforcement Enhancement Account (10100-
4030101-222430) to cover the shortfall.
5. The contract is effective from October 1, 2008 through September 30, 2009.
6. The Fiscal Year 2010 Executive Recommended budget will be amended during the budget
process.
7. A budget amendment for Fiscal Year 2009 is recommended as follows:
FY 2009
GENERAL FUND #10100
Revenue
4030901-110100-631869 Reimb. Salaries $ 75,000
4030101-112580-670285 Enhancement Funds $ 47,407
Total General Fund Revenue $122,407
Expenditures
4030901-110100-712020 Overtime $122,407
Total General Fund Expenditures $122,401
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack absent.
z 3 /
February 5, 2009 Resolution #09013
Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Cabello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosserin, Greimel,
Hatchett, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Bullard. (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).
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that tne foregoing resolution is a tri.ie
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February
5, 2009, 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 5th day of February, 2009.
Ruth Johnson, County Clerk