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HomeMy WebLinkAboutResolutions - 2016.09.22 - 22597REPORT September 22, 2016 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: MR #16244 - SHERIFF'S OFFICE - MEMORANDUM OF UNDERSTANDING - BUILDING SPACE ALLOCATION FOR THE OAKLAND COUNTY GANGS AND VIOLENT CRIMES TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on September 13, 2016, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Bowman absent. MISCELLANEOUS RESOLUTION #16244 August 31, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE — MEMORANDUM OF UNDERSTANDING - BUILDING SPACE ALLOCATION FOR THE OAKLAND COUNTY GANGS AND VIOLENT CRIMES TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Federal Bureau of Investigation (FBI) has created a cooperative Task Force to deal with gangs and violent crime which comprises local Law Enforcement including Troy Police Department, Royal Oak Police Department, Madison Heights Police Department, Southfield Police Department, and the Bloomfield Township Police Department, the Sheriff's Office along with the Michigan State Police, the Michigan Department of Corrections, Homeland Security Investigations and the FBI; and WHEREAS the Task Force deals with gangs and violent crime within the boundaries of Oakland County; and WHEREAS the Task Force has been working in the Sheriff's Office Pontiac Sub-station; and WHEREAS the Task Force has grown in size and is seeking a larger location; and WHEREAS the Sheriff's Office in conjunction with the County Executive's Department of Facilities Management has proposed an office location in the lower level of Building 14 East; and WHEREAS it is the recommendation of the Departments of Facilities Management, Sheriff's Office, and Corporation Counsel that the Board of Commissioners accept and approve the terms and conditions of the attached Memorandum of Understanding (MOU); and WHEREAS the proposed location will require some renovations that are estimated at $211,514; and WHEREAS FBI will provide $120,000 this budget year to help offset the costs of renovation; and WHEREAS the County will provide the remainder of the funding from the Building Improvement Fund for this effort with the understanding from the FBI that should additional funding be available, the FBI will work with the County to secure this additional funding; and WHEREAS the Sheriff and County Executive support this endeavor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Memorandum of Understanding between the County and the Federal Bureau of Investigations. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his designee to execute the attached MOU and all other related documents between the County and the Federal Bureau of Investigations, which may be required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the renovation project in the amount of $211,514 as noted in the Memorandum of Understanding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE COUNTY OF OAKLAND I. PURPOSE: The purpose of this Memorandum of Agreement (MOA) between the Federal Bureau of Investigation (FBI) and the County of Oakland (County), hereinafter referred to as the "parties", is to define the scope of work and responsibilities of the parties concerning reimbursement for the renovation costs and payment of recurring costs associated with new space designated by the County for use by the Oakland County Gang and Violent Crime Task Force (OCGVCTF). 2. BACKGROUND: Over five years ago, the OCGVCTF was created via a Memorandum of Understanding (MOU) with numerous state and local law enforcement agencies, to include the Detroit Division of the FBI. The OCGVCTF is located in space currently used by the Oakland County Sheriffs Office (OCSO) as a substation. The FBI does not provide funding to occupy this space on an ongoing basis. OCFVCTF desires to move from its current location into space designated and provided by the County, located at 1200 North Telegraph, Pontiac, Michigan (hereinafter "the space"). The move into this new space will require certain renovations for OCGVCTF operations. According to the terms contained in this MOA, the FBI will provide up to $120,000 to reimburse the County for the costs associated with renovating the space. . The renovations will include construction of an office to meet FBI security standards to enable the placement and functionality of FBI data systems, communications and computer equipment, and associated workstations. Previously, the County authorized the issuance of bonds, through the Oakland County Building Authority (Authority), to pay for various infrastructure and information technology capital improvements to be performed at or in the building where the space is located. By law, the Authority must acquire the property upon which the capital improvements are performed. Thus, the property where the space is located is currently titled to the Authority, The Authority and the County executed a lease for the property and building where the space is located. This lease permits the County to allow third parties to use space without approval of the Authority. 3. AUTHORITY: The FBI is entering into this MOA under the authority provided by 28 U.S.C. § 533, 28 U.S.0 530C, and 28 C.F.R. 0.85. 4. SCOPE: This MOA defines the terms and conditions for use of the space, for reimbursement by the FBI of expenditures incurred by the County in renovating the space and for payment of recurring costs associated with use of the space. The Parties agree as follows: A. Upon full execution of this MOA, the FBI may use the space designated by the County for operations of the OCGVCTF or for any other use the parties agree to in writing until the MOA is terminated. B. The anticipated cost for renovating the space, which does not include the acquisition, installation, operation, and maintenance of FBI data systems, communications and computer equipment, and associated workstations, is $211,514; this amount includes costs for construction, permits, inspections, coordination, and project supervision. The County shall make these renovations, which shall meet FBI security standards. The County shall present the costs estimates and plans for renovations to the FBI Oakland County Resident Agency (OCRA) Supervisory Senior Resident Agent (SSRA) for approval, prior to commencing construction. This approval shall not be unreasonably withheld. Any changes to the cost estimates and/or plans shall be approved by the OCRA SSRA.. C. The County will submit copies of invoices to be reimbursed under this MOA to the OCRA SSRA Reimbursement from the FBI will occur within 60 days after documentation of invoices and related payments are submitted by the County to the OCRA SSRA. D. Except for the renovation costs set forth herein, all ongoing/reoccurring operational costs for the space, including utilities and repair and maintenance of the building and improvements, will be borne by the County, except that the FBI shall provide and be responsible for all costs associated with acquisition, installation, operation, and maintenance of FBI data systems, communications and computer equipment, and associated workstations. The FBI shall also provide the office furniture for the space and any office supplies needed for OCGVCTF operations. E. The County shall provide and be responsible for all the costs associated with the following: (1) access to the County's landline telephone system; (2) telephones for the landline system; (3) access to the Internet and CLEMIS; and (4) custodial services, provided that, any persons performing custodial services in the space shall be subject to FBI clearance and only those persons having FBI clearance may perform custodial services in the space. F. The County shall provide access cards to OCGVCTF members to allow access to the building where the space is located. The FBI shall exclusively control and provide the manner of access to the space. 5. FUNDING: The FBI hereby agrees, assuming funds are made available, to reserve within its financial management system a sum of appropriated funds not to exceed $120,000. These reserved funds will be used to reimburse the County for the aforementioned renovation of the space.. This reimbursement is consideration for and in lieu of the FBI making paying any additional rent, fees, or maintenance associated with the use of the space for the period when this agreement is signed until it is terminated in writing by either party. If funding is available, the FBI will attempt to reimburse the County the balance or a portion of the remaining balance not to exceed $91,000. If funding is unavailable, the County will incur the remaining balance exceeding the initial $120,000 reimbursement detailed in this MOA. 6. LIABILITY: The parties agree that each party is responsible for the negligent and wrongful acts and omissions by its employees. In addition, the parties agree that should a claim arise under the terms and conditions of the Federal Tort Claims Act (FTCA), Title 28, United States Code, Sections 1346 and 2671 et seq., for the negligent and wrongful act and omission by either party's employee in the performance of assigned duties, the FBI shall be responsible for the investigation and disposition of said claim. Nothing herein shall be construed as supplanting any applicable statute, rule, or regulation. Notwithstanding any other provision, each party shall be solely liable and responsible for any loss or damage resulting from fire, theft or other casualty to its personal property located, kept, or stored in the space. 2 7. POINTS OF CONTACT: The FBI and the OCSO will assign points of contact (POCs) for this agreement. The POCs will address and resolve all issues related to this agreement. The parties agree to coordinate safety issues, jurisdictional matters, and other issues through their designated POC. FBI POC: Christopher J. Hess Supervisory Senior Resident Agent Oakland County Resident Agency, Federal Bureau of Investigation 5600 Crooks Road, Suite 200, Troy, Michigan 48098 ChristopherJ.Hess@ic.fbi.gov OCSO POC: Lieutenant Russell Yeiser Oakland County Sheriff's Office 1200 N. Telegraph Road, Building 38E Pontiac, Michigan 48341 yeiserr@oakgov.com 9. AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION A. All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. B. Except as otherwise provided, this MOA may be amended by the mutual written consent of the parties' authorized representatives. C. Either party may terminate this MOA, for any reason, upon three hundred and sixty-five (365) calendar days written notice to the other party, delivered to the points of contact listed in this MOA. 10. FORCE AND EFFECT This MOA, which consists of 10 Sections on three (3) pages, will enter into effect upon signature of all parties and will remain in effect until terminated by either party. . This MOA is the complete and exclusive statement of agreement between the parties with respect to the FBI's reimbursement of renovation costs for the space, reoccurring costs for the space, and use of the space by the parties. This MOA supersedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. Nothing in this MOA is intended to create, nor does it create, an enforceable legal right or private right of action. The foregoing represents the understandings reached between the FBI and the County upon the matters referred to herein. FOR THE FEDERAL BUREAU OF INVESTIGATION 3 Signature Date David Gelios Special Agent in Charge Detroit Field Office Signature Date (Name of FM) Financial Manager (Name of Division) FOR OAKLAND COUNTY Signature Date Michael J. Gingell, Chairperson Oakland County Board of Commissioners Signature Date Michael Bouchard, Sheriff County of Oakland 4 U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to 477 Michigan Avenue, 26th Floor Detroit, Michigan 48226 May 26,2016 Sheriff Michael J. Bouchard Oakland County Sheriff's Office 1200 N. Telegraph Road, Building 38E Pontiac, Michigan 48341 Dear Sheriff Bouchard: I am writing to you for your support of a proposed off-site to house the FBI Oakland County Gang and Violent Crime Task Force (OCGVCTF). This space as currently proposed will be located in the basement of the Oakland County Courthouse and will bring together all of the task force participants into one location, and provide access to classified FBI information systems. The OCGVCTF is currently comprised of law enforcement agencies throughout Oakland County and is part of the FBI's Safe Streets and Gang (SSG) program, which consists of 160 Violent Gang Safe Streets Task Forces nationwide. The OCGVCTF's mission is to disrupt and dismantle violent street gangs operating in or impacting the Oakland County area. The OCGVCTF also responds and assists Oakland County communities investigate and combat significant incidents of violent crime. By way of background, the FBI Oakland County Resident Agency (OCRA) formed a violent gang task force in 2009. The task force was initially staffed with five personnel. To house the task force, the Oakland County Sheriff's Office (OCSO) graciously provided space in the old Pontiac Sub-Station. This location, built in the 1930's, did not provide access to FBI information systems due to security constraints within the structure. Access to FBI information systems required task force members to travel approximately 10 miles away to the FBI OCRA. Between 2012 and 2015, the task force, operating under the name of the FBI OCGVCTF, almost tripled in size to 14 agents/officers. Throughout this time frame, the OCGVCTF was responsible for disrupting and dismantling violent gangs, and investigating violent incidents throughout Oakland County. Specifically, the OCGVCTF led several significant investigations into violent street gangs to include the Red Wings Violent Street Gang, which was responsible for smash and grab robberies of jewelry stores throughout the United States, and the Rich Nigga Shit Violent Street Gang (RNS), which distributed a high volume of heroin that caused a significant number of overdoses and deaths throughout Oakland County. For 2015, the OCGVCTF has amassed the following accomplishments: Arrests: 90 Convictions: 10 Dismantlement: 2 Disruptions: 39 Drug Seizures: 65 Title III: 2 Indictments: 68 Complaints: 16 Search Warrants: 161 Weapons Recovered: 31 These successes continue in 2016. Almost all of the targeted faction of the RNS violent street gang have pled guilty to charges in Federal Court with each subject facing significant prison time. The task force has also undertaken two additional significant investigations targeting violent street gangs impacting Oakland County. From its inception to the present, the OCGVCTF has been housed in OCSO space. An assessment of OCSO Pontiac Sub-Station space presently used by the OCGVCTF for suitability for FBI computer systems upgrades determined current space, due largely to the age and condition of the structure, could not be brought into compliance with FBI specifications. An attempt made to identify alternative OCSO Pontiac Sub-Station space met with negative results as requisite security requirements for FBI computer systems determined there were no alternatives due to security concerns that could not be mitigated. As such, it remains necessary for task force personnel to travel to the FBI's OCRA to complete any and all FBI documentation. In addition, day to day operations in existing OCGVCTF space are hampered by a lack of heat and air conditioning, and severe drafts from the near original windows. Compounding the problem, there is insufficient space at the FBI's OCRA to accommodate the computer system needs of the entire task force complement which jeopardizes the long term functionality of the OCGVCTF. In mid-2015, the OCGVCTF, with the assistance of the OCSO, identified alternative vacant space located on the Oakland County government campus. The Research Library located in the basement of the Oakland County Courthouse (building 14E) is large enough to house the entire OCGVCTF, and would provide a permanent and secure home. Moreover, the Research Library space can be made suitable to house FBI computer systems, allowing the task force to have direct and unfettered access to FBI information and intelligence systems. In November 2015, Oakland County developed a Project Cost Estimate for capital improvements to the alternative space for closed storage of FBI information systems. Costs were identified as $211,514, which includes a 15% Contingency. The FBI estimates approximately $130,000 will be necessary for FBI required security and technology items. To facilitate this project, the OCGVCTF requested and was awarded $250,000 from the FBI SSG Unit at FBIHQ. This funding will allow the purchase of FBI required items and reimbursement to Oakland County of $120,000. In addition, the FBI will be providing 15 workstations valued at approximately $45,000 which will remain should the OCGVCTF ever vacate the space. With the reimbursement payment of $120,000, Oakland County would be responsible for approximately $91,000 in capital improvement expenses. This funding agreement will be delineated in a Memorandum of Agreement (MOU) to be signed by both Oakland County and the FBI. Although not guaranteed, the FBI will continue to seek future fiscal year reimbursement to Oakland County for the $91,000 capital improvement cost it will bear under terms of this arrangement. I believe this new proposed off-site available at the OCSO would continue and strengthen our already established partnership and allow the OCGVCTF to have a greater impact on violent crime affecting Oakland County. I want to personally thank you for your assistance with and consideration of this project. Please contact me or ASAC Maureen Reddy at (313) 965-2323 if you have any questions. Sincerely, David P. Gelios Special Agent in Charge "a- II 4 00 !II A g 1111 01 151 • II • 1191 pi ' 0 ° 19 11.1 1 iiP iii II 1 111 0 Oiliiig IROOM FINISH SCHEDULE IT! PM g ROM NAME OFEI4Ft000.14.1 DIMING LI:MICE 1.11CLOM MOP Ndl&Q; 4 4 PIT Rz ' 1 1124%P_, MOP „ R umPL., , glisp 0 Nil ONR NI 1 H7511 He , 0 > e 1 T1_2 M 00000000 000000000000000000000000i mr.ms iiikr/ IIMINIM.n0111L, a m = 4 16 gil '7,, ,:sr, 3., dk* l410 3 • & _ if • 11 gm". co • if ri ai Nu to 0 P• rel .4 ,A1.210.3.6.,Wki I A . t4i. A :404, 41 0 k golo• p NM 1 'DOOR AND FRAME SCHEDULE 4Vagi .i' 1 1 ;:44441 1 f. .... . ,.. 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There were no objections. BUILDING IMPROVEMENT FUND #40100 Revenue 1040101-148020-665882 Planned Use of Balance Total Revenue FY2016 $ 91,514 $ 91,514 Budget Equity Adjustments Total Expenditures $211,514 $211,514 FISCAL NOTE (MISC. #16244) Sepiernber22, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — MEMORANDUM OF UNDERSTANDING — BUILDING SPACE ALLOCATION FOR THE OAKLAND COUNTY GANGS AND VIOLENT CRIMES TASK FORCE 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 Sheriff's Office in cooperation with the Federal Bureau of Investigation (FBI) has created a cooperative Task Force to deal with gangs and violent crime. 2. The Sheriff's Office in conjunction with Facilities Management and Corporation Counsel recommends acceptance and approval of the terms and conditions of the attached Memorandum of Understanding (MOU) and has proposed an office location in the lower level of Building 14 East. The proposed location will require renovations estimated at $211,514. The FBI will provide $120,000 in reimbursement this budget year for the costs associated with renovating the space and the County will provide the remainder of the funding $91,514 from the Building Improvement Fund. 5. If additional funding from the FBI becomes available, they will work with the County to secure this additional funding. 6. Funding of $91,514 is available in the FY2016 — FY 2025 Capital Improvement/Building Fund (#40100) which will be transferred to the Project Work Order Fund (#40400) for the renovation project (#100000002447). 7. The FY 2016 budgets are amended as follows: Expenditures 1040101-148020-788001-40400 Transfer Out- Project Work Order $ 91,514 Total Expenditures $ 91,514 PROJECT WORK ORDER FUND #40400 Project ID #100000002447 Activity PROJ Revenues 1040101-148020-695500-40100 Transfers In — Building Improv. 1040101-148020-631827 Reimb-General Total Revenues $ 91,514 120,000 $211,514 Expenditures 1040101-148020-796500 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #16244 September 22, 2016 Moved by Kochenderfer supported by McGillivray 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, Weipert, 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). • GERALD D. POISS N CHIEF DEPUTY COUNTY EXECUTIVE ACTING PtASUANT TO MCL 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 September 22, 2016, 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 22rd day of September, 2016. Lisa Brown, Oakland County