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HomeMy WebLinkAboutResolutions - 2002.10.10 - 26971MISCELLANEOUS RESOLUTION #02253 October 10, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: COUNTY EXECUTIVE/SHERIFF'S DEPARTMENT - RESCIND CANCELLATION NOTICE OF LAW ENFORCEMENT SERVICES CONTRACT WITH CHARTER TOWNSHIP OF ROYAL OAK TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 499133 authorized a Law Enforcement Services Contract between the Oakland County Sheriffs Department and the Charter Township of Royal Oak, and WHEREAS The Charter Township of Royal Oak subsequently fell into arrears in payments for Law Enforcement Services, and WHEREAS Miscellaneous Resolution 402153 established a repayment schedule to allow The Charter Township of Royal Oak address the arrearage, and WHEREAS Miscellaneous Resolution 402153 required that The Charter Township of Royal Oak pay future Law Enforcement bills when due, and WHEREAS On August 6,2002 The Charter Township of Royal Oak was notified by the Oakland County Department of Corporation Counsel that due to the Township's failure to make timely payments, the Law Enforcement Services Contract would be terminated effective November 4, 2002, and WHEREAS Miscellaneous Resolution #02153 requires that should the Township fail to meet its payment obligations, "the matter shall come before the Oakland County Board of Commissioners within 45 days for cure or cancellation", and WHEREAS In a letter to the Township's attorney dated August 14, 2002 the Oakland County Department of Corporation Counsel agreed to re- credit a payment made on April 26, 2002 to the June 2002 billing, with the result that the Township then substantially complied with the repayment schedule in MR #02153. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners finds by re-crediting the April 26, 2002 payment to the June 2002 billing, The Charter Township of Royal Oak came into substantial compliance with the provisions of MR #02153, and that the Department of Corporation Counsel is hereby requested to notify counsel for the Township forthwith, in writing, that the revocation of the contract is rescinded and the contract will remain in full force and effect after November 4, 2002 BE IT FURTHER RESOLVED that the provisions of the Contract Arrearage Repayment Schedule, Miscellaneous Resolution 402153 remain in effect. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Moffitt absent. COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL August 6, 2002 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE Judith K. Cunningham, Director 858-0553 Keith J. Lerminiaux, Deputy 858-0557 VIA FACSIMILE 82; FIRST CLASS MAIL H. Wallace Parker, Esq. Bloomfield Law Center, P.C. 44060 Woodward Avenue, Suite 200 Bloomfield Hills, Michigan 48302 Re: Oakland County v Charter Township of Royal Oak Case No. 02-041695-CK; Our File No. 2002-0477 Dear Mr. Parker: On or about June 28, 2002, the Oakland County Sheriffs Department forwarded a bill to your client in the amount of $114,629.16 for June services provided to Royal Oak Township by the Oakland County Sheriffs Department. Payment of that billing was due on or before July 30. I have not received any indication of payment. The Board of Commissioners' recent resolution indicates that the Township is to pay all future monthly Law Enforcement Services Agreement amounts due to the County as and when such payments become due and owing. Accordingly, your client has already breached the resolution adopted by the Board by failing to make timely payment of the June billing for services. Further, please be advised that the County hereby exercises its right pursuant to Paragraph 22 of the Law Enforcement Services Agreement to terminate the contract on 90-days notice. Please consider the contract terminated effective November 4, 2002, at 11:59 p.m. Very truly yours, OAKLAND COUNTY CORPORATION COUNSEL Keith3;4.errnil1iaux Deputy Corporation Counsel ICJL/egm cc: Chairman Thomas A. Law Commissioner Hugh Crawford Commissioner Sue Ann Douglas Capt. Michael McCabe \2002-0477\Parker ltr 1.doe West Wing Extension 9Idg. 14 East 0 1200 North Thlegmph Road 0 Pontiac, hlichigan 4C,:.i41-0419 (248) B58-00 0 Fax (248) 85,3-1033 OAKLAND COIUKTY COM", TION COUNSEL PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION To: PUBLIC SERVICES COMMITTEE From: JUDITH K. CUNNINGHAM, Corporation Counsel Date: August 8, 2002 Re: Charter Township of Royal Oak _ File #: 2002-0477 Please be advised that the Charter Township of Royal Oak has failed to meet its payment obligations for law enforcement services performed by the Oakland County Sheriffs Department. The attached letter from Keith Lemiiniaux to H.Wallace Parker provides additional details on this matter. Pursuant to MR #02153, this memo shall serve to advise the Board of Commissioners that the Charter Township has failed to meet its payment obligations. The Resolution further provides that "this matter shall come before the Oakland County Board of Commissioners within 45 days for cure or cancellation." I would also remind the members of the Committee that it was clearly understood that the "45 days" referenced in the Resolution is calculated within the 90-day termination provision of the underlying original contract. JKC/egm Attachment \2002-0477\Public Services Memo.doc L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE "••n••••=11•1. COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL Judith K. Cunningham, Director 858-0553 Keith J. Lerminieux, Deputy 858-0557 August 14, 2002 VIA FACSEVIILE AND FIRST CLASS MAIL H. Wallace Parker, Esq. Bloomfield Law Center, P.C. 44060 Woodward Avenue, Suite 200 Bloomfield Hills, Michigan 48302 Re: Oakland County v Charter Township of Royal Oak Case No. 02-041695-CK; Our File No. 2002-0477 Dear Mr. Parker: Subsequent to our meeting at the Sheriffs Department on Monday, August 12, 2002, I met with the County administration. They are amenable to the following: 1. Invoicing Royal Oak Township on future bills as discussed (invoice charges plus a separate breakout for the $10,000 arrearage payment, and the invoices will also reflect the running arrearage balance); and We will agree to re-credit the payment made on April 26, 2002, which we received on May 10, 2002, reflected by check number 10641, in the amount of $38,209.72 to the June, 2002 billing. This process will result in Royal Oak Township being current, with the exception of $197.62. On the other hand, the arrearage will increase to $116,628.51, which will be paid off in approximately 12 months. As noted above, it is imperative that the bills forwarded by the Sheriffs Department be paid when due, for all charges reflected on the invoice, including cell phone and overtime charges. We expect payment in full of the July 2002 billing ($76,465.10 plus $10,000 arrearage payment) on or before August 30, 2002. • West Wing E..'xtensior Bldg. 14 East co2. NcFth Tenegazt Read • Fcrtiac, Michigan 4C.?1 1-C419 • (248) 858-0550 • Fax (248) 858.1083 (H. Wallace Parker, Esq.) August 14, 2002 Page 2 Significant County resources (including the Sheriffs Dept., the Board of Commissioners, Corporation Counsel, Fiscal Services, the Deputy County Executive, and the County Executive) have been expended to again address this issue (an -earages on this contract), resources for which the County will not be reimbursed. The County's administration does not care to spend further resources on this issue. Accordingly, if your client is truly desirous of having the Oakland Sheriffs Department provide police services in the Township, all it has to do is pay the monthly bills in full, when due, and in addition for the next twelve months, pay the $ L0,000 arrearage amount when due. It is as sin)le as that. Please let me know if you have any questions or comments. Very truly yours, OAKLAND COUNTY CORPORATION COUNSEL Keith J-./Lerminiaux Deputy Corporation Counsel RTL/egm cc: Capt. Michael McCabe Mr. Dale Cunningham Chairman Thomas A. Law Commissioner Michelle Friedman Appel Commissioner Hugh Crawford Commissioner Eric Coleman Commissioner Sue Ann Douglas Judith K. Cunningham, Esq. 12002-0477Warker ltr 4.doc West Wing Extartsior Bldg. 14 Boot • 1200 North Telegraph Road • Pontiac, i'Aicrtian 45341-G419 • (245) 555-0E50 • Fax (245) 85f3-1003 COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL Judith K. Cunningham, Director 858 -0553 Keith J. Lerminieux, Deputy 858-0557 Keithylse.prdiniaux Deputy Corporation Counsel ••••nn•n••••• L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE September 19, 2002 VIA FACSIMILE AND FIRST CLASS MAIL H. Wallace Parker, Esq. Bloomfield Law Center, P.C. 44060 Woodward Avenue, Suite 200 Bloomfield Hills, Michigan 48302 Re: Law Enforcement Services Contract with Royal Oak Township Dear Mr. Parker: At a recent Public Services Committee meeting, you sought clarification regarding the letter that I previously sent that cancels the Law Enforcement Services Contract effective November 4, 2002. I have spoken with the County administration on this issue. If your client timely pays (by the end of this month) the full amount due for the services rendered in August, I will prepare and forward to you a letter which rescinds cancellation of the contract effective November 4, 2002. As I understand it, the amount due for August services is $86,465.10. Please let me know if you have any questions or comments. Very truly yours, OAKLAND COUNTY CORPORATION COUNSEL KJL/egm cc: Douglas J. Williams Capt. Michael McCabe Laurie VanPelt Harvey Wedell Hugh Crawford Sue Ann Douglas Michelle Friedman Appel Eric Coleman \2002-0477Warker ltr 6.doc West Wing Extension Bldg. 14 East • 1220 North Tr;h:graoh Road • ROnhac. Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1402 G. William Caddell, County Clerk Resolution #02253 October 10, 2002 Moved by Buckley supported by Coleman the resolution be adopted. AYES: McPherson, Melton, Middleton, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas, Garfield, Gregory, Law. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 11 HERM ,44 -to airE FOREGOIN1r) PFSOLUTION L. Brooks Pia ton, County Executive _44111101011111111111111imb„ id/42A -2— Date 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 October 10, 2002, 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 10th day of October, 2002.