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HomeMy WebLinkAboutResolutions - 2018.12.06 - 30933MISCELLANEOUS RESOLUTION #18436 December 6, 2018 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE- LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2019, 2020 and 2021 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, 2018; and WHEREAS the Parks and Recreation Commission has requested that the contract be continued for the next three (3) years; 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 2019, 2020 and 2021 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 foregolpg resolution. Comm issio6er District Via Chairperson, Public Services Committee Motion carried for direct referral to Finance Committee on a voice vote. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Berman and Tietz absent. 2019-2021 (3yr) ParkDepPatrolServicesAgreementdoc OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2019-2021 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 SHERI FF'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 One (1) Lieutenant, 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-five (35) Court Park Deputy's and each of the nineteen (19) Mounted Deputy's Law Enforcement Services, the COMMISSION agrees to reimburse and pay the SHERIFF, as provided above, for each hour of each Court Park Deputy's and Mounted Deputy's Law Enforcement Services provided under this CONTRACT at the hourly rates shown below. For any Sheriff's 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 provided above, at the applicable hourly overtime rate for each rank shown below. Rates for Services in Calendar Year 2019 2020 2021 Monthly Rate for each 1 Lieutenant,1 Sergeant, and 3 Deputy II's $62,412.00 $63,826.00 $65,276.00 Hourly Rate for each PTNE Court Park Deputy $24.09 $24.57 $25.06 Hourly Rate for each PTNE Mounted Deputy $18.71 $19.08 $19.46 Hourly Overtime Rate(s) Lieutenant $90.18 $91.98 $93.82 Sergeant $81.79 $83.43 $85.10 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAIN ENFORCEMENT SERVICES 2019-2021 2619-2021 (3yr) ParkDepPatrolServicesAgreementdoc Deputy II $69.31 $70.67 $72.07 PTNE Court Park Deputy $36.14 $36.86 $37.59 PINE Mounted Deputy $28.07 $28.62 $29.19 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 may cancel this CONTRACT by delivering written notice to the other party fifteen (15) days prior to the proposed cancellation date contained in the notice. 7. This CONTRACT will be effective January 1, 2019 and shall remain effective continuously until it terminates on December 31, 2021. 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 LAIN ENFORCEMENT SERVICES 2019-2021 2019-2021 (3yr) ParkDopPatrolServicesAgreement.doc 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 , 2018. 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 2018. 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 2019-2021 (-t_ iommissioner Thomas Middleton, Di6trict #4 Chairperson, Finance Committee FISCAL NOTE (MISC. #18436) December 6, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2019, 2020 AND 2021 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. Resolution authorizes a three (3) year extension of the contractual agreement between Sheriff's Office and Parks & Recreation Commission for the period January 1, 2019 through December 31, 2021 2. The contract rates are consistent with the rates as established by this board for local units of government for three (3) calendar years 2019, 2020 and 2021. Sheriffs Office Miscellaneous Resolution (MR.) "ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL-JANUARY 1, 2019 THROUGH DECEMBER 31, 2021" authorizes the established rates and contract language for three (3) calendar years 2019, 2020 and 2021; the rates stated in this agreement are consistent with the rates established by the resolution. 3. Also, Sheriff's Office M.R. "ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2019 THROUGH DECEMBER 31, 2021" authorizes overtime rates for calendar years 2019, 2020 and 2021. 4. The resolution authorizes continuation of the following positions: twenty-five (25) Part-Time Non- Eligible (PTNE) Mounted Deputies; twenty-five (25) PTNE Court/Park Deputies, one (1) Full-Time Eligible (FTE) Sergeant (4030616-01788); one (1) FTE Lieutenant (4030616-01946) and three (3) FTE Deputy II positions (4030616-02092, 11421 arid 12096). 5. A budget amendment has been included with the Miscellaneous Resolution (MR.) "ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL-JANUARY 1, 2019 THROUGH DECEMBER 31, 2021" to reflect the overall impact of the law enforcement contract rates for the General Fund. 6. A FY 2019- FY 2021 budget amendment will be incorporated into a subsequent quarterly forecast resolution. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with KowaII absent. Resolution #18436 December 6, 2018 Moved by Kochenderfer supported by Bowman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (18) 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). 9 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MU 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 6, 2018, 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 6th day of December, 2018.