HomeMy WebLinkAboutResolutions - 1989.06.29 - 16992MISCELLANEOUS RESOLUTION # 89149 June 15, 1989
BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT -
SOUTHFIELD DETENTION FACILITY AGREEMENT RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution
#8852 dated 3/22/79, authorized an agreement between the City of Southfield and the
County of Oakland wherein the County would operate Southfield's 36 cell Detention facility
in the City of Southfield's Safety Building; and
WHEREAS the Oakland County Board of Commissioners subsequently amended the
agreement by Miscellaneous Resolution #88176 dated 7/14/88; and
WHEREAS the current agreement is due to terminate on June 30, 1989; and
WHEREAS annual rates have been established by the County Executive's Department
of Management & Budget for the one year period July 1, 1989 through June 30, 1990
consistent with the attached schedules; and
WHEREAS it is mutually agreed by the City of Southfield and the County of Oakland
that the median salary rate of $45,664 be established as the annual cost per officer for the
fiscal year July 1, 1989 through June 30, 1990; such costs to be billed in monthly increments;
and
WHEREAS the proposed agreement has been reviewed by the Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the renewal of the Southfield Detention Facility agreement for
the period July 1, 1989 through June 30, 1990; at the median salary rate of $45,664 per
officer consistent with the attached agreement and schedules.
BE IT FURTHER RESOLVED that the Oakland County Sheriff prepare written
quarterly progress reports on inmate population and characteristics which are to be
presented to the Public Services Committee.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County
Board of Commissioners be and is hereby authorized to sign said agreement.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PU:LIC SERVICES C MITTEE
SOUTHFIELD DETENTION FACILITY
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1989, by and between the COUNTY OF OAKLAND, a
Michigan Constitutional Corporation, hereinafter called OAKLAND, and the
CITY OF SOUTHFIELD, a Michigan Municipal Corporation, hereinafter called
SOUTHFIELD:
WHEREAS, Southfield and Oakland are interested in entering into a
contractual arrangement for the purpose of operating a thirty-six (36) cell
detention facility which has been constructed and is located in and connected to
the Southfield Public Safety Building; and
WHEREAS, Oakland presently operates a major detention facility at the
Oakland County Service Center and has long-time experience in the operation of
such facilities; and
WHEREAS, the parties hereto find it to be in the best interest of law
enforcement services and the efficient carrying out of governmental functions to
cooperate in this endeavor;
NOW, THEREFORE, in consideration of the mutual promises made herein,
the parties agree as follow s:
1. SOUTHFIELD AGREES:
A. To maintain the detention facility, which includes 36 single
cells and two temporary holding cells in conformity with state
and federal law as well State of Michigan Department of
Corrections specifications for the operation and certification of
a jail facility.
B. To furnish all maintenance and custodial services, including
rubbish and trash-removal, for the facility and provide and pay
for any and all utilities including but not limited to heat, air
conditioning, power and water.
1.
C. To purchase, install, and maintain communications equipment
(except external telephone service) and electronic surveillance
equipment reasonably necessary for prisoner security and
protection.
D. To install and maintain all necessary outside building signs.
E. To provide fire, extended coverage, public liability, and
property damage insurance policies covering the leased
premises except as provided for in Article II, H, hereof.
F. To contract with the County of Oakland and reimburse the
County for the cost of ten (10) detention personnel to work at
said facility who shall be employees of the County of Oakland
and working under the supervision of the Oakland County
Sheriff or his designee. The County shall bill the City monthly
consistent with the attached schedules.
G. To make available to the facility and its inmates Southfield's
library service and such other similar available resources or
services which may be helpful in carrying out a prisoner
rehabilitation program.
H. To hold the County of Oakland harmless from any and all
liabilities, obligations, damages, claims, costs, charges, losses
and expenses (including without limitation, fees and expenses of
attorneys, expert witnesses and other consultants) which may
be imposed upon, incurred by or asserted against the County by
reason of any negligent or tortious act, error or omission of the
City of Southfield, its agents or employees causing:
I. Injury to prisoners within their care and custody;
and
2. Damage to the facility itself.
OAKLAND AGREES:
A. To be responsible for the day to day operation of the facility
with the responsibility for inmate care and security.
B. To provide the necessary supervisory personnel to include one
(I) Sergeant-Corrections and four (4) Deputy II together with
such other personnel as may be necessary for the safe and
orderly operation of the facility.
C. To provide a rehabilitation program and such other services as
may be required by the Michigan Department of Corrections.
2.
D. To provide and assume the cost for all food, clothing, bedding,
medical services, and other inmate care that may be required.
E. To house and maintain a monthly average of a maximum of nine
(9) prisoners daily from Southfield at no cost to the City of
Southfield.
F. To charge, or assume all costs, for prisoner care at the same
daily rate as at the Oakland County jail for prisoners from
other communities or prisoners from the City of Southfield that
exceed 9 in number as provided for under Article II, E, hereof.
G. To provide and maintain such signs within the facility as may be
necessary for its operation.
H. To provide liability insurance coverage and such other insurance
protection for the operation of the facility as is comparable to
that which is maintained for the Oakland County Jail, except as
provided in Article I, E, hereof.
1. That prisoners who are considered by the City to constitute a
severe security risk will not be housed at the Southfield
Detention facility.
J. To hold the City of Southfield harmless from any and all
liabilities, obligations, damages, claims, costs, charges, losses
and expenses (including without limitation, fees and expenses of
attorneys, expert witnesses and other consultants) which may
be imposed upon, incurred by or asserted against the City by
reason of any negligent or tortious act, error or omission of the
County, its agents or employees causing:
1. Injury to prisoners within their care and custody; and
2. Damage to the facility itself.
K. To make available to the facility and its inmates leisure reading
library services provided through the Oakland County Library
Board at no charge to Southfield.
L. To not discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions or
privileges of employment because of religion, race, color,
national origin, age, sex, height, weight, marital status or
handicap that is unrelated to the individualis ability to perform
the duties of the assignments or positions provided hereunder,
in accordance with the United States Constitution and all
federal legislation and regulations governing fair employment
3.
practices and equal employment opportunity including, but not
limited to, Title VI of the Civil Rights Act of 1965 (P.A. 88-
352, 78 Stat. 252) and United States Department of justice
Regulations (28 CFR Part. 42) issued pursuant to that title; and
in accordance with the Michigan Constitution and all State laws
and regulations governing fair employment practices and equal
employment opportunity including, but not limited to the
Michigan Civil. Rights Act (P.A. 1976, No. 453) and the
Michigan Handicappers Civil Rights Act (P.A. 1976, No. 22).
Breach of the terms and conditions of this paragraph may be
regarded as a material breach of the contract.
BOTH PARTIES AGREE:
A. That the facility is to be known as Southfield Detention
facility.
B. That the facility will be used principally for the detention of
prisoners.
C. That they will work together cooperatively to assure the
security of the facility including protected ingress and egress of
prisoners and activities related to prisoner visitation.
D. That the Oakland County Sheriff or his designate is responsible
for the operation of the detention facility and supervision of
personnel assigned to the detention facility, in cooperation with
the Southfield Police Department which shall have overall
responsibility for the Public Safety Building.
E. That revenues generated for prisoner care will be credited to
Oakland County, subject to Article II, Sections E and F, hereof.
F. That a coordinating committee shall be established to meet as
often as may be desirable, to establish such additional policies
and procedures as may be necessary for the efficient and
orderly operation of the facility. Said Committee shall be
comprised of the Oakland County Sheriff, the Director of
Public Safety, and the Chief of Police of the City of Southfield,
and a representative from the Southfield Building Authority.
Other persons may be designated to assist the committee upon
request, as appropriate to the committee's work.
G. That the term of this Agreement shall commence July 1, 1989
and shall remain in full force and effect until June 30, 1990,
unless cancelled as provided for under Article III, H, hereof.
4.
H. This Agreement may be cancelled by formal action by the
policy making body of either party upon the giving of forty-five
(45) days written notice thereof, by certified mail, to the
Oakland County Clerk, if cancelled by Southfield, or to the
Southfield City Clerk, if cancelled by Oakland County.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
WITNESS: BY:
Roy Rewold, Chairperson,
Oakland County Board of
Commissioners
BY:
John F. Nichols
Oakland County Sheriff
WITNESS: CITY OF SOUTHFIELD, a Michigan
Municipal Corporation
BY:
Donald F. Fracassi, Mayor
BY:
Patrick G. Flannery, Clerk
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
On this day of , 1989, personally appeared
and did say that he is the Chairman of the
Oakland County Board of Commissioners and as such has affixed his signature to
the foregoing Agreement, and that said instrument was signed on behalf of said
County of Oakland, by authority of its Miscellaneous Resolution No. dated
, and he acknowledged said instrument to be the free act
and deed of said County of Oakland.
Notary Public
Oakland County, Michigan
My Commission Expires:
B4-A
5.
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
On this day of , 1989, before me, a Notary Public in and
for said County, personally appeared DONALD F. FRACASSI and PATRICK G.
FLANNERY, to me personally known, who being by me duly sworn, did each of
himself say that he is the Mayor and Clerk, respectively, of the CITY OF
SOUTHFIELD, a Michigan Municipal Corporation, the corporation named in and
which executed the within instrument, and that said instrument, was signed and
sealed in behalf of said corporation by authority of its City Council, and said
DONALD F. FRACASSI and PATRICK G. FLANNERY acknowledged said
instrument to be the free act and deed of said municipal corporation.
Notary Public
Oakland County, Michigan
My Commission Expires:
Schedule 1
Southfield Detention Facility
Contract Agreement
Schedule of Contract Costs
July 1, 1989 - June 30, 1990
Monthly Total
Annual Charge No. of Monthly No. of Maximum
Year Median Rate(1 ) Per Officer Officers Billing Months Amount
1989 $ 44,338 $ 3,694.83 10 $36,948.30 6 $ 221,690
1990 $ 46,989 $ 3,915.75 10 $39,157.50 6 $ 234,945
Total 1989-90 $38,052.92 12 $ 456,635
(1) Annual Median Rate is the five (5) year step of the Deputy I classification.
Note: The current July 1, 1988 through June 30, 1989 annual median rate is $43,711 per officer for a
total of $437,110 for ten officers.
The proposed July 1, 1989 through June 30, 1990 annual median year rate is $45,664 per officer
for a total of $456,635. This represents a total annual increase of $19,525 over current 1988-89
contract cost, or 4.5 percent
Schedule II
Southfield Detention Facility
Estimated Rate for Deputy I
July 1, 1989 through June 30, 1990
Minimum (1) (6 Mos.) Median(2)
1989
Estimated Annual Rate x $32,378 $44,338
.50% of contract (6 months) $ 16,189
(6 Mos.) Max.(3) (6 Mos.)
$51,797
$ 22,169 $ 25,899
$ 17,114
1988-1989
Annual Deputy I cost $ 33,303
1990
Estimated Annual Rate x $34,228
.50% of contract (6 months)
$46,989 $54,954
$ 23,495 $ 27,477
$ 45,664 $ 53,376
(1) The Minimum rate is the base step of the Deputy I classification.
(2) The Median rate is the five (5) year step of the Deputy I classification.
(3) The Maximum rate is the seven (7) year step of the Deputy I classification.
SCHEDULE II-A
SOUTHFIELD DETENTION FACILITY
CONTRACT RATES
ANNUAL COST
1989 1990
MINIMUM MEDIAN MAXIMUM MINIMUM MEDIAN MAXIMUM
SALARY $17,500 $25,600 $30,655 $18,288 $26,752 $32,034
HOLIDAY PAY 923 1,352 ' r,618 1,153 1,686 2,019
SICK LEAVE 692 1,014 1,214 732 1,070 1,281
ANNUAL LEAVE 1,259 1,843 2,207 1,331 1,945 2,329
SALARY TOTAL $20,374 $29,809 $35,694 $21,504 $31,453 $37,663
FICA $1,314 $1,923 $2,302 $1,399 $2,047 $2,451
RETIREMENT 3,021 4,419 5,291 3,456 5,056 6,054
HOSPITALIZATION 3,839 3,839 3,839 3,839 3,839 3,839
GROUP LIFE 59 76 90 54 79 95
WORKERS COMPENSATION 755 1,104 1,322 830 1,215 1,455
DISABILITY 298 435 521 315 460 551
UNEMPLOYMENT INSURANCE 18 96 31 21 30 36
DENTAL 373 373 373 373 373 373
OPTICAL 60 60 60 60 60 60
FRINGE TOTAL $9,730 $12,255 $13,829 $10,347 $13,159 $14,914
UNIFORM CLEANING $213 $213 $213 $293 $723 v223
UNIFORM COST 250 250 250 261 261 261
INSURANCE 1,811 1,811 1,811 1,893 1,893 1,893
OPERATING TOTAL $2 ,274 $9,274 $9 ,274 $2,377 $2,377 $2,377
ITEM
TOTAL ANNUAL COST
MONTHLY COST
$32,378 $44,338 $51,797 $34,228 $46,989 $54,954
$2,698 $3,695 $4,316 $9,852 $3,916 $4,580
NOTE: THE MINIMUM RATE IS THE BASE STEP OF THE DEPUTY I CLASSIFICATION.
THE MEDIAN RATE IS THE FIVE (5) YEAR STEP OF THE DEPUTY I CLASSIFICATION.
THE MAXIMUM RATE IS THE SEVEN (7) YEAR STEP OF THE DEPUTY I CLASSIFICATION.
PREPARED BY:
BUDGET DIVISION
MAY 1989
Schedule II-B
Southfield Detention Facility
Annual Cost
Bases for Calculation
I) Rate Calculations
A) Salary Rate
Calculated at the base, 60 month, and 84 month step for a Deputy I position. These
amounts are contracted under the labor agreement with the Deputy Association. The 1990
amount represents a 4.598 annual increase.
B) Fill-In Fate
Calculation based on the hourly rate listed above, plus an hourly contribution for FICA and
Retirement.
Direct Cost
A) Salary Rate
Detailed in 1) A) above.
B) Holiday Pay
Allocated at the fill-in rate for County holidays established in the merit system, 11 in 1989
and 13 in 1990.
C) Sick Leave
Allocated at the fill-in rate for 66 hours annually. The number of hours represents five (5)
sick leave days allowed per deputy, and 40% of the disability hours charged per patrol
deputy.
D) Annual Leave
Allocated at the fill-in rate for 120 hours annually. The number of hours represents the
annual leave accumulated per deputy for one year period at the maximum rate.
E)
Allocated on the amount of the County's contribution for social security. The 1989 rate is
7.51% of salary and the 1990 rate is 7.65% of salary.
F) Retirement
Allocated on the percentage of salary the County contributes to the Retirement Fund,
17.26% in 1989 and 18.9% in 1990.
G) Hospitalization
Allocated on the 1989 two-person rate as contracted with Blue Cross, the County's primary
carrier.
H) Group Life and Accident Insurance
Allocated as a percentage of salary based on the County-wide budgeted rates, .295% in
both 1989 and 1990.
I) Worker's Compensation
Allocated as a percentage of salary based on the County established rate for the "police
group" of employees, 4.312% in 1989 and 4.541% in 1990.
Disability Insurance
Allocated as a percentage of salary, based on the County-wide budgeted rate, 1.7% in 1989
and 1.721% in 1990.
• ' K) Unemployment Insurance
Allocated as a percentage of salary, based on County-wide budgeted rate, .1% in 1989 and
.1134% in 1990.
L) Dental Insurance
Allocated on the 1989 two-person rate as contracted with the insurance carrier.
M) Optical Insurance
Allocated on the 1989 two-person rate as contracted with the insurance carrier.
N) Uniform Cleaninc,
Allocated on the amount budgeted in the Sheriff's uniform cleaning line-item, divided by
the total number of uniformed employees, arriving at an average per employee. The 1990
amount assumes a 4.5% annual cost increase.
Uniform Cost
Allocated on the 1989 cost to uniform a patrol officer. The 1990 amount assumes a 4.5%
annual cost increase.
Liability Insurance
Allocated on the amount contracted for the Sheriff's Department services for insurance.
The amount is calculated by dividing 90% of the cost of insurance by all uniformed
employees. The 1990 amount assumes a 4.5% annual cost increase.
Schedule HI
Southfield Detention Facility
1989-90 Unreimbursed
Median
Minimum Salary Maximum
Salary Maximum Salary
(1) Sergeant
(4) Deputy H
(10) Deputy I
Total Unreimbursed
$ 55,608
158,684
124,778
$ 339,070
$ 57,860
212,308
(75,952)
$ 248,709 $ 194,216
$ 56,681
190,860
1,168
Note: Minimum rate is the base rate for all three classifications.
Median rate is the one (1) year step for the Sergeant classification, three (3) year
step for the Deputy II classification, and five (5) year step for the Deputy I
classification.
Maximum rate is the two (2) year step for the Sergeant classification, five (5) year
step for the Deputy IT classification, and seven (7) year step for the Deputy I
classification.
Schedule Ill-A
Southfield Detention Facility
1989-90 Unreimbursed - Sergeant-Corrections
Sergeant 1989 1989 1989
Minimum (I) Median (2) Maximum (3)
Salaries $36,383 $37,115 $37,921
Fringes 42.0% of Salary 15,281 15,588 15,927
Operating
Uniform Cleaning 213 213 213
Uniform Cost 250 250 250
Liability Ins. 1,811 1,811 1,811
Total Sergeant $53,938 $54,977 $56,122
Annual Rate x .5096 $ 26,969 $ 27,489 $ 28,061
Sergeant-Corrections
Salaries
Fringes 44.4% of Salary
1990 1990 1990
Base Median Maximum
$38,020 $38,785 $39,627
16,881 17,221 17,594
Operating
Uniform Cleaning 223 223 223
Uniform Cost 261 261 261
Liability Ins. 1,893 1,893 1,893
Total Sergeant $57,278 $58,383 $59,598
Annual Rate x .50% $ 28,639 $ 29,192 $ 29,799
1989-1990 $ 55,608 $ 56,681 $ 57,860
(I) The Minimum rate is the base step of the Sergeant classification.
(2) The Median rate is the one (1) year step of the Sergeant classification.
(3) The Maximum rate is the two (2) year step of the Sergeant classification.
B4A
Schedule III-B
Southfield Detention Facility
1989-90 Unreimbursed - Deputy II
Deputy 1989 1989 1989
Minimum (1) Median (2) Maximum (3)
Salaries $25,500 $30,993 $34,655
Fringes 42.0% of Salary 10,710 13,017 14,555
Operating
Uniform Cleaning 213 213 213
Uniform Cost 250 250 250
Liability Ins. 1,811 1,811 1,811
Total Deputy II $38,484 $46,284 $51,484
Annual Rate x .5096 $ 19,242
Deputy H 1990 1990 1990
Base Median Maximum
Salaries $26,648 $32,388 $36,214
Fringes 44.4% of Salary 11,832 14,380 16,079
Operating
Uniform Cleaning 223 223 223
Uniform Cost 261 261 261
Liability Ins. 1,893 1,893 1,893
Total Deputy II $40,857 $49,145 $54,670
Annual Rate x .50% $ 20,429 $ 24,573 $ 27,335
1989-1990 $ 39,671 $ 47,715 $ 53,077
Four Officers x 4 x 4 x 4
$158,684 $190,860 $212,308
(1) The Minimum rate is the base step of the Deputy II classification.
(2) The Median rate is the three (3) year step of the Deputy H classification.
(3) The Maximum rate is the five (.5) year step of the Deputy II classification.
$ 23,142 $ 25,742
B4A
(10) Deputy
Actual*
Contract**
Subsidy
Schedule III-C
Southfield Detention Facility
1989-90 Unreimbursed - Deputy 1
Minimum Median Maximum
$ 457,808 $ 457,808 $457,808
333,030 456,640 533,760
$ 124,778 $ 1,168 $(75,952)
* 2 Officers at 1 year step, $34,829 =$ 69,658
2 Officers at 3 year step, $39,407 = $ 78,814
1 Officer at 4 year step, $42,456 = $ 42,456
5 Officers at 7 year step, $53,376 .7 $ 266,880
$ 457,808
** 10 Officers at $33,303 (Base step)
10 Officers at $45,664 (5 year step) =
10 Officers at $53,376 (7 year step) =
$ 333,030
$ 456,640
$ 533,760
Schedule IV
' Southfield Detention Contract
Historical Perspective
Contract Amount Additional
Year (7/1-6/30) Reimbursed County Cost
Percent of Additional County
Cost to Amount Reimbursed
1982/83 $316,360 $364,806 115%
1983/84 341,840 357,614 10596
1984/85 346,066 213,586 62%
1985/86 367,480 257,986 70%
1986/87 390,180 275,617 71%
1987/88 409,270 289,333 71%
1988/89 437,100 221,618 51%
1989/90 456,660 248,709 54%
Note: From 1982 - 1984 five (5) Sergeant positions were supplied by the County. Beginning in
1984 the staff composition was changed to one (1) Sergeant and four (4) Deputy Ns.
B4-A
FISCAL NOTE June 29, 1989
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - SOUTHFIELD DETENTION FACILITY
AGREEMENT RENEWAL - MISCELLANEOUS RESOLUTION #89149
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #89149 and finds:
1) The Public Services Committee has approved renewal of the Southfield
Detention Facility Agreement through June 30, 1990 and has established the rate
of $45,664 per officer to be billed to the City of Southfield for ten (10) officers
contracted to the facility;
2) Estimated revenue from the agreement equals $446,875 for 1989, or $11,875
above the current 1989 budget;
3) The 1989 Sheriff's revenue and general fund contingency budget be amended, as
detailed below, to recognize the increase in revenue:
Revenue
3-10100-434-25-00-2605 Special Deputies $ 11,875
Expenses
4-10100-909-01-00-9900 Contingency $ 11,875
FINANCE COMMITTEE
/1M
RESOLUTION #89149 June 29, 1989
Moved by Susan Kuhn supported by Pernick the resolution (with a positive
Fiscal Note attached) be adopted.
AYES: McPherson, Moffitt, Olsen, Pappageorge,Pernick, Price, Rewold,
Skarritt, Aaron, Bishop, Caddell, Chester, Crake, Gosling, Hobart, Jensen,
Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do
hereby certify that I have compared the annexed copy of the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on ane 29 , 1989 with the original record thereof now remaining
on file in my office, and that it is a true and correct transcript therefrom,
and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the seal
of said County at Pontiac,Michigan this 29th day of June , 1989
LYNYD. ALLEN, County Clerk
Renyeer of Deeds