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HomeMy WebLinkAboutResolutions - 2015.12.09 - 22126MISCELLANEOUS RESOLUTION #15289 November 12, 2015 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE- LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2016 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 Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement; and WHEREAS the Sheriff's Office and Parks and Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the current contract will expire on December 31, 2015; and WHEREAS the Parks and Recreation Commission has requested that the contract be continued for the next year; and WHEREAS the rates in the attached contract are consistent with the rates as established by this board for the local units of government; and WHEREAS this contract has been through the County Executive review process. 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 and Recreation Commission for 2016 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 PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. ParkDep2016.docParkDep2016.doc OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2016 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 Three (3) Deputy ll'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 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 Sheriffs 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 2016 Monthly Rate for each 1 Sergeant and 3 Deputy II's $43,144 Hourly Rate for each PINE Park Deputy II Hourly Rate for each PTNE Park Deputy I Hourly Rate for each PTNE Mounted Deputy Hourly Overtime Rate(s) Sergeant Deputy II PTNE Park Deputy II $20.02 $17.50 $17.50 $78.11 $65.64 $30.03 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2016-2018 Page - 1 of 3 ParkDep2016.docRarkDep201-6,cloc PTNE Park Deputy I $26.25 PTNE Mounted Deputy $26.25 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 for 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, 2016, and shall remain effective continuously until it terminates on December 31, 2016. 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 SHERI FF'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. OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2016-2018 Page - 2 of 3 ParkDep2016.docParkDep2016,-cloe IN WITNESS WHEREOF, Gerald Fisher, Chairperson, OAKLAND COUNTY PARKS AND RECREATION COMMISSION, hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this CONTRACT on this day of ,2015. 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 , 2015. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: By: MICHAEL J. BOUCHARD, Sheriff, County of Oakland OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2016-2018 Page - 3 of 3 2015 2016 % inc. $ 129,723 $ 121,536 $ 346,737 $ 335,085 $ 476,460 $ 456,621 -4.34% $ 41,692 $ 1,556 $ 2,772 $ 1,888 $ 3,760 $ 51,668 $ 41,424 $ 3,800 $ 3,069 $ 1,455 $ 2,988 $ 52,736 2.03% $ 528,128 $ 509,357 -3.69% $ 3,112 $ 4,488 $ 3,776 $ 3,880 $ 6,888 $ 8,368 17.69% $ 535,016 $ 517,725 -3.34% $ 44,585 $ 43,144 -3.34% 2015 2016 $ 18.66 $ 20.02 $ 16.31 $ 17.50 $ 16.31 $ 17.50 $ 78.77 $ 78.11 $ 66.21 $ 65.64 $ 27.99 $ 30.03 $ 24,47 $ 26.25 $ 24,47 $ 26.25 Law Enforcement Patrol Services Parks and Recreation 2016-2018 Fixed Rates: Salary and Fringes Sergeant(1-position #01788) Deputy 11(3-positions #01946, 02092 & 11421) sub-total Operating Charges Transportation Deputy Supplies Equipment Rental Uniform cost Liability Insurance sub-total Total full time rate Operating expenses for PTNE Deputy Supplies Uniforms Total Per month Charge Variable Rates Park Deputy II per hour Park Deputy I per hour Mounted Deputy per hour Sergeant overtime rate Deputy II overtime rate Park Deputy II overtime rate Park Deputy I overtime rate Mounted Deputy overtime rate Estimated Total Annual Rate Fixed Estimated Park Deputy II hours (13,000) Estimated Park Deputy I hours (5,000) Esimated Mounted Deputy hours (3,000) estimated Overtime total estimated costs to Parks $ 535,016 $ 517,725 $ 242,580 $ 260,260 $ 81,550 $ 87,500 $ 48,930 $ 52,500 $ 12,000 $ 12,360 $ 920,076 $ 930,345 1,10% Resolution #15289 November 12, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #15289) December 9, 2015 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2016 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes a one (1) year extension of contractual agreement between the Sheriff's Office and Parks & Recreation Commission for the period January 1, 2016 through December 31, 2016. 2. The contract rates are consistent with the rates as established by this board for the local units of government for twelve (12) months for calendar year 2016. 3. The resolution authorizes the continuation of positions which consist of: twenty-eight (28) Mounted Deputies; thirty-one (31) Park Deputies, one (1) FTE Sergeant (4030616-01788) and three (3) FTE Deputy II positions (4030616-01946, 02092 and 11421). 4. Revenue and expense budgets were amended for the FY 2016 - 2018 during the budget process; a budget amendment is not required at this time. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #15289 December 9,2015 Moved by Dwyer supported by Zack the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, VVeipert, Woodward, Zack, Bowman, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted), HERMAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO lvICL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 9, 2015, 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 9' day of December 2015. 4,4742-- Lisa Brown, Oakland County