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HomeMy WebLinkAboutResolutions - 1999.04.29 - 25585z MISCELLANEOUS RESOLUTION #99073 April 15, 1999 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: Sheriff Department-Law Enforcement Services For Parks & Recreation Commission For 1999/2000/2001/2002/2003 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 Department to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Department and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the contract expired on December 31, 1998; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next five years; and WHEREAS the proposed rates are in the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 1999/2000/2001/2002/2003 at the rates provided in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE VOTE Motion carried unanimously on a roll call vote with Causey-Mitchell and Dingeldey absent. I. Monthly Rate For One (1) Sergeant Two (2) Deputy I $17,995 $18,535 $19,091 , OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 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 therefore. To perform all of the Law Enforcement Services contemplated under this CONTRACT, the SHERIFF agrees to assign SHERIFF'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 (check or journal entry payable to: "County of Oakland"), for the Law Enforcement Services of the one (1) Sergeant and two (2) Deputy 1(s) at the applicable Monthly Rate, as shown in Item 1 below, for each month, or pro-rated potion of any month, provided under this CONTRACT. For the ten (10) Park Deputies' Law Enforcement Services, the COMMISSION agrees to reimburse and pay the SHERIFF, as above, for each Hour of each Park Deputy Law Enforcement Services provided under this CONTRACT at the Hourly Rates shown in Item II, below. For any Sheriffs Deputy Law Enforcement Services beyond the normal work day or work week, the COMMISSION agrees to pay the SHERIFF, as above, at the applicable Overtime Rate(s) for each Rank(s) shown in Item III below. Rates for Services in Calendar Year 1999 2000 2001 2002 2003 $19,664 $20,254 II. Hourly Rate for Ten (10) Park Deputies 1999 2000 2001 $11.03 $11.36 $11.70 2002 2003 $12.05 $12.41 1 Sergeant Overtime Rate Deputy I Overtime Rate Park Deputy Overtime Rate 2002 2003 $53.15 $54.74 $33.29 $34.29 $18.07 $18.61 III. Overtime Rates 1999 2000 2001 Sergeant Overtime Rate $48.64 $50.10 $51.60 Deputy I Overtime Rate $30.47 $31.38 $32.33 Park Deputy Overtime Rate $16.53 $17.03 $17.54 3. The assignment of any Deputy, 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's 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, 1999 and shall remain effective continuously until it terminates on December 31, 2003. 8. The SHERIFF reserve to himself all rights and obligations relating to the provision of any and all police and/or governmental Law Enforcement Service. 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 COMMISION and the SHERIFF hereby agree and promise to be bound by the terms and provisions of this CONTRACT. 2 4 . IN WITNESS WHEREOF, PECKY D. LEWIS, JR., 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 OAKLAND COUNTY PARKS AND RECREATION COMMISSION, a Michigan Municipal Corporation, and hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this CONTRACT on this day of , 1999. WITNESS: OAKLAND COUNTY PARKS AND RECREATION COMMISSION, a Michigan Municipal Corporation By: PECKY D. LEWIS, JR., 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 , 1999. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: Michael J. Bouchard, Oakland County Sheriff 3 Resolution #99073 April 15, 1999 The Chairperson referred the resolution to the Finance Committee. There were no objections. • FISCAL NOTE (M..R.W9§073) April 29, 1999 . . BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF DEPARTMENT - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 1999/2000/2001/ 2002/2003 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 current contract for law enforcement services between the Sheriff's Department and the Parks and Recreation Commission expired December 31, 1998. 2. The Parks and Recreation Commission has requested this contract relationship be continued for five more years, through December 31, 2003. 3. Except for calendar year 1999 where the monthly rates for one (1) Sergeant and two (2) Deputy I positions decrease by 1%, all rates increase by 3% each year through the year 2003. 4. The continuation of this contract with the 3% increase has been included in the FY 1999/FY 2000 Biennial Budget; therefore, no additional appropriation is required. AF NANCE CC II____I'lq:E FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. [I HEREBY Brooke Patt County Exeotide,_ e I HEREBY Resolution 499073 April 29, 1999 Moved by Millard supported by Appel the resolution be adopted. AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, McPherson, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 April 29, 1999 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 29h davfof April, 1999. 4414‘44 ,- G. William Caddell, County Clerk