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HomeMy WebLinkAboutResolutions - 2012.12.13 - 20666CPUBLIC SERVIC;ES OMMLTTE.E November 23, 2012 MISCELLANEOUS RESOLUTION#12318 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: Sheriffs Office-Law Enforcement Services for Parks & Recreation Commission for 2013-2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriffs Office to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Office and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the current contract will expire on December 31, 2012; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next three years; and WHEREAS these rates are consistent with the rates as established by this board for the local units of government; and WHEREAS Corporation Counsel and Management & Budget have reviewed the attached contract and rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 2013-2015 at the rates provided in the attached contract. BE IT FURTHER RESOLVED that the continuation of the positions in this agreement be contingent on future contract renewal. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, Public Services Committee Vote: Motion carried unanimously on a roll call vote Hourly Overtime Rate(s1 Sergeant Deputy I PTNE Deputy II $77.22 $77.99 $78.77 $58.86 $59,45 $60.04 $27.44 $27.71 $27,99 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2013-2015 This OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereafter the "CONTRACT") is made and entered into between the Oakland County Sheriff (hereafter the "SHERIFF") and the Oakland County Parks and Recreation Commission (hereafter the "COMMISSION"). 1. The Sheriff agrees to provide professional Law Enforcement Services in those County- owned parks under the control and supervision of COMMISSION. Law Enforcement Services, for all purposes under this CONTRACT, shall mean the enforcement of state statutes, County ordinances, and valid COMMISSION rules for the protection of persons and property, including the writing of tickets. To perform all of the Law Enforcement Services contemplated under this CONTRACT, the SHERIFF agrees to assign SHERI FF's Deputies in the Numbers and Ranks described below and supply all necessary equipment, communication devices, and other tools and supplies required by any SHERIFF's Deputy in order to perform such Law Enforcement Services. 2. The COMMISSION agrees to reimburse and pay the SHERIFF (via journal entry or check payable to: "County of Oakland") for the Law Enforcement Services of the One (1) Sergeant and Two (2) Deputy I's at the applicable Monthly Rate, shown in the Table below, for each month or pro- rated portion of any month provided under this CONTRACT. For the each of the thirty-one (31) Park Deputy's and each of the twenty-eight (28) Mounted Deputy's Law Enforcement Services, the COMMISSION agrees to reimburse and pay the SHERIFF, as above, for each Hour of each Park Deputy's and Mounted Deputy's Law Enforcement Services provided under this CONTRACT at the Hourly Rates shown below. For any Sheriff's Deputy Law Enforcement Services beyond the normal work day or work week, where any such Services were provided or paid for by the SHERIFF on an overtime basis, the COMMISSION agrees to pay the SHERIFF, as above, at the applicable hourly Overtime Rate(s) for each Rank(s) shown below. Rates for Services in Calendar Year 2013 2014 2015 Monthly Rate for each Sergeant and Deputy l's $31,552 $31,832 $32,116 Hourly Rate for each PTNE Deputy II $18,29 $18.47 $18.66 Hourly Rate for each PTNE Deputy I $15.99 $16.15 $16.31 Hourly Rate for each PTNE Mounted Deputy $15.99 $16.15 $16.31 iiQ CT1.: 2.0,1 3 -2;71 5 PTNE Deputy 1 $23.99 $24.22 $24.47 Mounted Deputy $23.99 $24.22 $24,47 3. The assignment of any and all Deputies, the hours of work, the control and supervision of all the Deputies, the standards of performance, the discipline of any and all Deputies, and all other matters incident to the performance of any Law Enforcement Services by any SHERIFF's Deputy in any County park under this CONTRACT shall, at all times, remain with the SHERIFF. The standards of performance of Deputies assigned to County parks, however, shall not be lower than that furnished other jurisdictions in Oakland County, 4. Any Law Enforcement Services beyond the scope of this CONTRACT may be made available upon request to the SHERIFF. Any additional Law Enforcement Services are to be paid at the Overtime Rates shown above or, if performed by a Park Deputy on a non-overtime basis, then at the Regular Hourly Rate shown above. 5. If, for any reason, the COMMISSION determines that the above Number of SHERIFF's Deputy Law Enforcement Services are not required for any particular scheduled shift or day, it shall communicate its request for a reduction in services to the SHERIFF who shall adjust Deputy schedules accordingly. The COMMISSION shall, nevertheless, be liable to reimburse the County for any costs incurred by County in paying any Deputy any minimum call-in time or overtime hour(s) guaranteed under any applicable union or employment contract as a result of any such schedule change. 6. Either Party can cancel this CONTRACT by delivering written notice to the other party fifteen (15) days prior to the proposed cancellation date contained in this notice. 7. This CONTRACT will be effective January 1, 2013, and shall remain effective continuously until it terminates on December 31, 2015. This CONTRACT shall supercede any and all prior understandings or contracts between the Parties for any SHERIFF's Deputy Law Enforcement Services, This CONTRACT encompasses the entire and complete agreement between the Parties for any SHERIFF's Deputy Law Enforcement Services. 8. The SHERIFF reserves to himself all rights and obligations relating to the provision of any and all police and/or governmental Law Enforcement Services. This CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF or the COMMISSION. 9. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this CONTRACT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COMMISSION and the SHERIFF hereby agree and promise to be bound by the terms and provisions of this CONTRACT. PARKS COMPviiSSION CONTiRAC1 '2013-2015 2 üI MErJT IN WETNESS WHEREOF, Gerald Fisher, Chairperson, OAKLAND COUNTY PARKS AND RECREATION COMMISSION, hereby acknowledges that he has been authorized by a resolution of the COUNTY Commissioners to execute this Contract on behalf of the OAKLAND COUNTY PARKS AND RECREATION COMMISSION and hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this CONTRACT on this day of , 2012. WITNESS: OAKLAND COUNTY PARKS AND RECREATION COMMISSION By: By: Gerald Fisher, Chairperson, Oakland County Parks and Recreation Commission 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 this CONTRACT on this day of , 2012. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: By: MICHAEL J. BOUCHARD, Sheriff, County of Oakland AND i-LATION COMMISSION CONTACT 2013..2015 -3 0! 3 Law Enforcement Patrol Services Parks and Recreation 2013-2015 Fixed Rates: Salary and Fringes 2012 2013 % inc. 2014 % inc. 2015 % inc. Sergeant(1-position #01788) $ 127,506 $ 127,167 $ 128,438 $ 129,723 Deputy I (2-positions #01946 & 02092) $ 181,832 $ 209,683 $ 211,780 $ 21,1 898 sub-total . $ 309,338 $ 336,850 8.17% $ 340,218 0.99% $ 343,621 0,99% Operating Charges Transportation $ 29,520 $ 29,520 $ 29,520 $ 29,520 Deputy Supplies $ 1,170 $ 1,167 $ 1,167 $ 1,167 Uniform cost $ 1,392 $ 1,416 $. 1,416 $ 1,416 Liability Insurance $ 2,328 $ 2,778 $ 2,778 $ 2,778 sub-total $ 34,410 $ 34,881 1.35% $ 34,881 0.00% $ 34,881 0.00% Total full time rate $ 343,748 $ 371,731 7.53% $ 375,099 0,90% $ 378,502 0.90% Operating expenses for PTNE Deputy Supplies $ 2,445 $ 3,112 $ 3,112 $ 3,112 Uniforms $ 2,320 $ 3,776 $ 3,776 $ 3,776 $ 4,765 $ 6,888 30,82% $ 6,888 0.00% $ 6,888 0.00% Total $ 348,513 $ 378,619 7.95% $ 381,987 0.88% $ 385,390 0.88% Per month Charge $ 29,043 $ 31,552 7.95% $ 31,832 0.88% $ 32,116 0.88% Variable Rates 2012 2013 2014 2015 Park Deputy II per hour $ 18.66 $ 18.29 $ 18.47 $ 18.66 Park Deputy I per hour $ 16.31 $ 15.99 $ 16.15 $ 16.31 Mounted Deputy per hour $ 16.31 $ 15.99 $ 16.15 $ 16.31 Sergeant overtime rate $ 79.90 $ 77.22 $ 77.99 $ 78.77 Deputy I overtime rate $ 51.69 $ 58.86 $ 59.45 $ 60.04 Park Deputy H overtime rate $ 27.99 $ 27.44 - $ 27.71 $ 27.99 Park Deputy 1 overtime rate $ 24.46 $ 23.99 $ 24.22 $ 24,47 Mounted Deputy overtime rate $ 24.46 $ 23.99 $ 24.22 $ 24.47 Estimated Total Annual Rate Fixed $ 348,513 $ 378,619 $ 381,987 $ 385,390 . Estimated Park Deputy II hours (13,000) $ 242,580 $ 237,770 $ 240,148 $ 242,549 Estimated Park Deputy I hours (5,000) $ 81,550 $ 79,950 $ 80,750 $ 81,557 Esirnated Mounted Deputy hours (3,000) $ 48,930 $ 47,970 $ 48,450 $ 48,934 estimated Overtime $ 10.000 $ 10,000 $ 10,000 $ 10,000 total estimated costs to Parks . $ 731,573 $ 754,309 3.01% - $ 761,334 0.92% $ 768,430 0.92% Resolution #12318 November 28, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #12318) December 13, 2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 2013 - 2015 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. Resolution authorizes the extension of contractual agreement between the Sheriff's Office and Parks & Recreation Commission for the period January 1, 2013 through December 31, 2015. 2. This resolution establishes Law Enforcement Services contract rates consistent with the rates as established by this board for the local units of government for three (3) calendar years 2013, 2014, and 2015. 3. To provide adequate park patrol services it is requested that the sixty-two (62) positions be continued in support of the Law Enforcement Services for Parks and Recreation. The positions assigned in support of this contract consist of twenty-eight (28) Mounted Deputy's; thirty-one (31) Park Deputy's, one (1) FTE Sergeant (4030616-01788); and two (2) FIE Deputy I positions (4030616-01946 and 02092). 4. The Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks and Recreation Commission for the calendar years of 2013, 2014, and 2015 at the rates provided in the attached contract. 5. Revenue and expense budgets were amended during the FY 2013 - 2015 Adopted Budget process; no budget amendment is required with this fiscal note. /-1 CE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution *12318 December 13, 2012 Moved by Crawford supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingen, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (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). HERESY APPROVi THIS RESOLUMNI CHIEF DEPUTY Cowry- EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 December 13, 2012, 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 13th day of December, 2012. aLa 094. Bill Bullard Jr., Oakland County