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Home My WebLink AboutResolutions - 2004.03.17 - 27563MISCELLANEOUS RESOLUTION #04064 March 4, 2004 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: Sheriff's Office -Law Enforcement Services For Parks & Recreation Commission For 2004/2005/2006/2007/2008 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 Services; and WHEREAS the Sheriff's Office and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the contract expired on December 31, 2003; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next five 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 are in agreement. 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 2004/2005/2006/2007/2008 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 Vote: Motion carried on a roll call vote with Potter absent. PUBLI SERVICN COMM ITEE/4/// nf7elL 04feb24ParkDep2004.doc OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2004 - 2008 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 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 (via journal entry or check payable to: "County of Oakland") for the Law Enforcement Services of the One (1) Sergeant and Two (2) Deputy l'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 ten (10) Park Deputy's and each of the twenty-five (25) 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 2004 2005 2006 Monthly Rate For Each Sergeant $21,210 $22,097 $22,952 and/or Each Deputy I Hourly Rate For Each PTNE Park Deputy $15.88 $16.20 $16.68 Hourly Rate For Each PTNE Mounted Deputy $15.88 $16.20 $16.68 Hourly Overtime Rate(s) Sergeant - Hourly Overtime Rate $61.90 $63.75 $65.55 Deputy I - Hourly Overtime Rate $40.58 $41.70 $43.05 PTNE Park Deputy - Hourly Overtime Rate $23.82 $24.30 $25.02 PTNE Mounted Deputy - Hourly Overtime Rate $23.82 $24.30 $25.02 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2004-2008 Page - 1 of 3 04feb24ParkDep2004.doc Rates for Services in Calendar Year 2007 2008 Monthly Rate For Each Sergeant $23,802 $24,753 and/or Each Deputy I Hourly Rate For Each PTNE Park Deputy $17.19 $17.70 Hourly Rate For Each PTNE Mounted Deputy $17.19 $17.70 Hourly Overtime Rate(s) Sergeant - Hourly Overtime Rate $67.64 $69.66 Deputy I - Hourly Overtime Rate $44.34 $45.68 PTNE Park Deputy - Hourly Overtime Rate $25.79 $26.55 PINE Mounted Deputy - Hourly Overtime Rate $25.79 $26,55 ' 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, 2004, and shall remain effective continuously until it terminates on December 31, 2008. 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. OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2004 -2008 Page - 2 of 3 04feb24ParkDep2004.doc 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. 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 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 , 2004. WITNESS: OAKLAND COUNTY PARKS AND RECREATION COMMISSION By: 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 , 2004. 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 2004 -2008 Page - 3 of 3 FISCAL NOTE (misc. 104064) March 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 2004/2005/2006/2007/2008 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 and Parks and Recreation Commission currently have a contract for Law Enforcement Services (M. R. #99073 dated April 15, 1999 as amended by M. R. #01118 dated May 10, 2001). 2. This contract terminated December 31, 2003. 3. The Parks & Recreation Commission has requested the contract be continued for the next five (5) years. 4. The new contract covers the personnel costs of one (1) Sergeant (Position #1788) and two (2) Deputy I's (Position #1946 and #2092). The contract also covers three (3) PTNE Mounted Deputies (Position # 9748, #9749 and #9750 (which are multi-filled) along with ten (10) Park Deputy I's (Position 7017,7018,7019,7020,7022,7160,7161,7162, 7164 and 7165). 5. Contract Revenue and Operating Costs equal $13,440 for FY 2004. 6. Revenue and Operating Costs for FY 2005 and FY 2006 will be addressed in Oakland County Executive's Recommended Budget. 7. A budget amendment is recommended for FY 2004 as follows: Fund Dept OCA PCA Object FY 2004 Revenue 101 43 013601 31180 0907 Reimb. Salaries $13,440 Expenditures 101 43 023601 31180 2001 Salaries $10,640 101 43 023601 31180 2002 Overtime 2,800 Total Expenditures $13,440 $-0 - Finance Committee FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #04064 March 4, 2004 The Chairperson referred the resolution to the Finance Committee, There were no objections. d Resolution #04064 March 18, 2004 Moved by Crawford supported by Palmer the resolution be adopted. AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. ,1111. 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 March 18, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal ofl,he County of Oakland at Pontiac, Michigan this 18th day of March, 2004. G. William Caddell, County Clerk