Loading...
HomeMy WebLinkAboutResolutions - 2022.04.14 - 35453BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION #22-126 Sponsored By: Penny Luebs Sheriff s Office - Contract Law Enforcement Services Agreement with the Parks and Recreation Commission for 2022, 2023, and 2024 Chairperson and Members of the Board: 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 Sheriffs Office and Parks and Recreation Commission currently have an agreement for Law Enforcement Services; and WHEREAS the current agreement will expire on March 31, 2022; and WHEREAS the Parks and Recreation Commission has requested that the agreement be continued with modifications through December 2024; and WHEREAS one (1) Sergeant position (#4030601-01788) will continue through September 30, 2022, and be deleted effective October 1, 2022; and WHEREAS one (1) Deputy II position (#4030601-12096) will be deleted effective April 1, 2022; and WHEREAS the rates in the attached agreement are consistent with the rates as established by this board for the local units of government; and WHEREAS this agreement has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Sheriff s Office to enter into an agreement for Law Enforcement Services with the Parks and Recreation Commission for the remainder of 2022, 2023 and 2024 at the rates provided in the attached agreement. BE IT FURTHER RESOLVED to delete one (1) GF/GP Full -Time Eligible Sergeant position (#4030601- 01788) effective October 1, 2022. BE IT FURTHER RESOLVED to delete one (1) GF/GP Full -Time Eligible Deputy II position (#4030601- 12096) effective April 1, 2022. BE IT FURTHER RESOLVED that the continuation of the positions in this agreement be contingent on future agreement renewal. BE IT FURTHER RESOLVED the budget is amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: April 14, 2022 David Woodward, Commissioner Lau y Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II b &�� Date: April 25 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-05 Public Health & Safety - Recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Contract: Law Enforcement Services Agreement with the Parks and Recreation Commission for 2022, 2023, and 2024. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller I1I, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1, LE Services Agreement for Parks Rec 2022 2023 2024 Schedule A FINAL 2. Sheriff - LES Parks Commission 2022-2024. Write Up 3. OCSO 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND REC 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 April 14, 2022, 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 Circuit Court at Pontiac, Michigan on Thursday, April 14, 2022. Lisa Brown, Oakland Coanty Clerk/Register of Deeds Oakland County, Michigan SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES AGREEMENT FOR PARKS AND RECREATION COMMISSION FOR 2022, 2023 AND 2024 Schedule "A" DETAIL FY 2022 FY 2023 FY 2024 R/E I Fund Name I Division Name (Fund #I Division #I Program #I Account #I Activity I Analysis I Account Title Amendment Amendment Amendment R General Fund Patrol Services 10100 4030601 116181 631869 Reimbursement Salaries $ (71,540) $ (278,015) $ (286,549) R General Fund Non -Departmental 10100 9010101 196030 665882 Planned Use of Balance - (26,633) - Total Revenue $ (71,640) $ (304,648) $ (286,549) E General Fund Patrol Services 10100 4030601 116181 702010 Salaries Regular $ (39,387) $ (169,571) $ (169,571) E General Fund Patrol Services 10100 4030601 116181 722900 FB Adjustment (23,614) (100,921) (100,921) E General Fund Patrol Services 10100 4030601 116220 731304 Training (244) (978) (978) E General Fund Patrol Services 10100 4030601 110000 750070 Deputy Supplies (531) (2,122) (2,122) E General Fund Patrol Services 10100 4030601 110000 750581 Uniforms (271) (1,082) (1,082) E General Fund Patrol Services 10100 4030601 110000 772618 Equipment Rental (756) (3,024) (3,024) E General Fund Patrol Services 10100 4030601 110000 773535 Info Tech CLEMIS (114) (458) (458) E General Fund Patrol Services 10100 4030601 116181 774677 Liability Insurance (587) (2,348) (2,348) E General Fund Patrol Services 10100 4030601 110000 776661 Motor Pool (6,036) (24,144) (24,144) E General Fund Non -Departmental 10100 9010101 196030 796500 Budgeted Equity Adjustments - - 18,099 Total Expenditures $ (71,540) $ (304,648) $ (286,549) E Parks & Recreation 50800 5060101 160000 731689 Security Expenses $ (71,540) $ (278,015) $ (286,549)I E Parks & Recreation 50800 5060666 160666 796500 Budgeted Equity Adjustments 71,540 278,015 286,549 $ $ $ -I REQUEST: 1. To delete one (1) GF/GP Full -Time Eligible Sergeant position (#4030601-01788) effective October 1, 2022. 2. To delete one (1) GF/GP Full -Time Eligible Deputy II position (#4030601-12096) effective April 1, 2022, PROPOSED FUNDING: Law Enforcement Services Contracts with the Parks and Recreation Commission. OVERVIEW: It is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements forthe purpose of Law Enforcement. The Sheriff's Office and Parks and Recreation Commission currently have an agreement for Law Enforcement Services. The current agreement will expire on March 31, 2022. The Parks and Recreation Commission has requested that the agreement be continued with modifications through December 2024. One (1) Sergeant position (#4030601-01788) will continue through September 30, 2022 and be deleted effective October 1, 2022. One (1) Deputy II position (#4030601-12096) will be deleted effective April 1, 2022. The rates in the attached agreement are consistent with the rates as established by this board for the local units of government. This agreement has been through the County Executive review process. It is requested that the Oakland County Sheriffs Office is hereby authorized to enter into an agreement for Law Enforcement Services with the Parks and Recreation Commission for the remainder of 2022, 2023 and 2024 at the rates provided in the attached agreement. It is requested to delete one (1) GF/GP Full -Time Eligible Sergeant position (44030601-01788) effective October 1, 2022. To delete one (1) GF/GP Full -Time Eligible Deputy II position (#4030601-12096) effective April 1, 2022. That the continuation of the positions in this agreement be contingent on future agreement renewal. COUNTY EXECUTIVE RECOMMENDATION: Recommended as Requested. PERTINENT SALARIES FY 2022 Class Gr Period 1 12 24 36 48 60 Annual 56,018 60,047 64,102 68,709 71,220 76,228 Deputy II -- ei-wkly 2,154.55 2,309.51 2,465.45 2,642.64 2,739.23 2,931.83 Annual 85,395 87,118 89,018 Sergeant -- Bi-wkly 3,284.43 3,350.69 3,423.75 *Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT SAVINGS "Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the budget amendment. Delete one (1) GF/GP FTE Sergeant position Salary at Step 24 $89,018 Fringes @35.01% $31,165 Total Health Care Based Fringes $11,744 Savings ($131,927) Delete one (1) GF/GP FTE Deputy II position Salary at Step 60 $76,228 Fringes @35.01% $26,687 Total Health Care Based Fringes $11,744 Savings ($114,659) Total Savings ($246,586) OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND RECREATION COMMISSION This OAKLAND COUNTY PARKS AND RECREATION COMMISSION AGREEMENT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereafter the "AGREEMENT") is made and entered into between the Oakland County Sheriff's Office (hereafter the "O.C.S.O.") and the Oakland County Parks and Recreation Commission (hereafter the "COMMISSION"), 1. The O.C.S.O. agrees to provide professional Law Enforcement Services in those County - owned parks under the control and supervision of COMMISSION (herein referred to as "COUNTY PARKS"). Law Enforcement Services, for all purposes under this AGREEMENT, 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 AGREEMENT, the O.C.S.O. 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 O.C.S.O. (via journal entry or check payable to: "County of Oakland") for the Law Enforcement Services of One (1) Lieutenant, One (1) Sergeant (through September 30, 2022), and Two (2) Deputy II's at the applicable monthly rate, shown in the Table below, for each month or pro -rated portion of any month provided under this AGREEMENT. For each of the thirty-nine (39) Court Park Deputy's Law Enforcement Services, the COMMISSION agrees to reimburse and pay the O.C.S.O., as provided above, for each hour of each Court Park Deputy's Law Enforcement Services provided under this AGREEMENT at the hourly rates shown below. For any Sheriffs Deputy Law Enforcement Services beyond the normal workday or work week, where any such Services were provided or paid for by the O.C.S.O. on an overtime basis, the COMMISSION agrees to pay the O.C.S.O., as provided above, at the applicable hourly overtime rate for each rank shown below. Rates for Services in Calendar Year 2022 2023 2024 Monthly Rate for each 1 Lieutenant,1 Sergeant (to 9/30/2022), and 2 Deputy II's $46,194 $40,275 $41,324 Hourly Rate for each PTNE Court Park Deputy $26.62 $27.15 $27.69 Hourly Overtime Rate(s) Lieutenant $96.89 $98.83 $100.81 Sergeant $87.94 N/A N/A OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITIi PARKS AND RECREATION COMMISSION Page - 1 of 5 Deputy II $75.60 $77.09 $78.62 PTNE Court Park Deputy $39.93 $40,73 $41.54 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 AGREEMENT 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 AGREEMENT 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 Sheriffs 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 O.C.S.O. 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. Mutual Aid. Except as otherwise expressly provided for in this Agreement, the Sheriff's Deputies contracted for and assigned to provide Law Enforcement Services under this Agreement will work, during those hours that the COMMISSION is being charged, only on COMMISSION - related Law Enforcement Services. However, any of these Sheriffs Deputies may be absent from COUNTY PARKS , at the COMMISSION's expense, to provide Mutual Aid. "Mutual Aid" means when a Sheriff's Deputy is temporarily called to the aid of another community due to an emergency or other exceptional circumstance, or because a Sheriff's Deputy possesses a special skill or qualification temporarily needed in another community. 7. Sheriff's Deputy's Hours. Each Sheriff's Deputy assigned to provide Law Enforcement Services under this Agreement will provide eighty (80) hours of Law Enforcement Services for the COMMISSION during a biweekly period. 7.1 Times Spent Outside COUNTY PARKS Included in Hours Charged. Except as may otherwise be expressly provided in Schedule A, the following time periods spent outside COUNTY PARKS will be included in and counted toward the eighty (80) hours of Law Enforcement Services for the biweekly period that it occurred. 7.1.1 Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the beginning or end of any shift by any Sheriff's Deputy, if that Sheriff's Deputy's shift begins or ends in Pontiac; OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND RECREATION COMMISSION Page - 2 of 5 7.1.2 Attendance (not to exceed an average of 100 hours per Sheriff's Deputy per calendar year) at any O.C.S.O. authorized or required training session, function, or meeting; 7.1.3 Provision of any Mutual Aid; 7.1 A Appearance in any court or at any meeting with any other law enforcement agency in connection with any prosecution or court appearance related to the Law Enforcement Services provided under this Agreement; 7.1.5 Performance of any COMMISSION -related Law Enforcement Services that takes any Deputy outside the COUNTY PARKS ; and 7.1.6 Any approved period of annual leave, sick leave, holiday leave, personal leave, workers compensation, or any other approved, paid leave (except any paid disciplinary leave and/or long-term disability leave extending beyond a period of five (5) working days) granted to any Sheriff's Deputy in accordance with applicable O.C.S.O. policies, procedures, and/or employment contracts. 8. Shift Assignments. Subject to the Sheriff's right to consolidate the assigned shifts of Sheriff's Deputies in order to concentrate Law Enforcement Services to meet particular priorities or needs, the Sheriff will assign shifts to Sheriff's Deputies contracted for under this Agreement so as to provide the broadest possible coverage of Law Enforcement Services to the COMMISSION. 9. O.C.S.O. Records. All O.C.S.O. policies, procedures, employment contracts, etc. that may be applicable to this Agreement will be made available by the Sheriff for inspection by the COMMISSION Liaison at the O.C.S.O., by appointment, during normal business hours. 10. Sheriff's Deputies' Expenses Paid by O.C.S.O. Except as expressly provided otherwise in this Agreement, the O.C.S.O. is solely and exclusively responsible for providing Sheriff's Deputies with all tools, automobiles, radios, communications equipment (including mobile telephones), firearms, and any and all other equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of any O.C.S.O.'s duty under the terms of this Agreement. The O.C.S.O. shall also be solely and exclusively responsible for any and all Sheriff's Deputy's professional expenses, licenses, uniform or equipment costs, insurance, supplies, etc. 11. COMMISSION Substation. The COMMISSION may, in its discretion and in such locations and circumstances as it decides, provide suitable office space, office equipment, all required office utilities, and related supplies and facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room facilities, uniform changing areas, etc.) in COMMISSION -owned or leased buildings to the O.C.S.O. for use by Sheriff's Deputies assigned to the COMMISSION, which shall be referred to as a "COMMISSION Substation." 12. Communications With COMMISSION Liaison. The COMMISSION Liaison may contact the O.C.S.O. Liaison to request, advise, or otherwise make the O.C.S.O. aware of any particular law enforcement needs and services within the COMMISSION, or to provide other relevant OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND RECREATION COMMISSION Page - 3 of 5 information. The COMMISSION Liaison may also bring to the Sheriff's attention any concerns that the COMMISSION may have regarding the assignment of any Deputy to the COMMISSION. The Sheriff shall provide the COMMISSION Liaison an opportunity to interview and meet any command officers before they are assigned to the COMMISSION. However, the Sheriff's decision on the assignment of any Sheriff's Deputy shall be final. The O.C.S.O. Liaison will keep the COMMISSION Liaison reasonably informed regarding COMMISSION -related Law Enforcement Services, unless such communication would interfere with an ongoing criminal investigation or prosecution, and advise the COMMISSION Liaison, as soon as practicable, of any changes in any Sheriff's Deputy contracted for and assigned to perform Law Enforcement Services under the terms of this Agreement. 13. Either Party may cancel this AGREEMENT by delivering written notice to the other party fifteen (15) days prior to the proposed cancellation date contained in the notice. 14, This AGREEMENT will be effective April 1, 2022 and shall remain effective continuously until it terminates on December 31, 2024. This AGREEMENT shall supercede any and all prior understandings or AGREEMENTS between the Parties for any Sheriffs Deputy Law Enforcement Services, This AGREEMENT encompasses the entire and complete agreement between the Parties for any Sheriffs Deputy Law Enforcement Services. 15. The O.C.S.O. reserves to himself all rights and obligations relating to the provision of any and all police and/or governmental Law Enforcement Services. This AGREEMENT 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 O.C.S.O. or the COMMISSION. 16. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this AGREEMENT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COMMISSION and the O.C.S.O. hereby agree and promise to be bound by the terms and provisions of this AGREEMENT. OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND RECREATION COMMISSION Page - 4 of 5 IN WITNESS WHEREOF, Gary McGillivray, Chairperson, OAKLAND COUNTY PARKS AND RECREATION COMMISSION, hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this AGREEMENT on this day of 2022. WITNESS: M OAKLAND COUNTY PARKS AND RECREATION COMMISSION am Gary McGillivray, 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 AGREEMENT on this day of 12022. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: By: MICHAEL J. BOUCHARD, Sheriff, County of Oakland OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH PARKS AND RECREATION COMMISSION Page - 5 of 5