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Home My WebLink AboutResolutions - 2009.12.09 - 9713• -41 7_, December 9, 2009 MISCELLANEOUS RESOLUTION #09312 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: Sheriff's Office-Law Enforcement Services for Parks & Recreation Commission for 2010 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 current contract will expire on December 31, 2009; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next year; 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 rates. NOW THEREFORE BE IC 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 2010 a: 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 COMI=EE Public Services Committee Vote: Motion carried unanimously on a roll call vote OCSO P3rkDep2010 floc OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2010 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 SHERI FF'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 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 2010 Monthly Rate for each Sergeant and Deputy l's $26,691 Hourly Rate for each PINE Deputy II $18.49 Hourly Rate for each PTNE Deputy I $16.16 Hourly Rate for each PTNE Mounted Deputy $16.16 Hourly Overtime Rate(s) Sergeant $75.91 Deputy I $49.11 PTNE Deputy II $27.73 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2010 Page - 1 of 3 OCSO ParkDep201C1cloc PTNE Deputy I $24.24 Mounted Deputy $24.24 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, 2010, and shall remain effective continuously until it terminates on December 31, 2010. 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 LAW ENFORCEMENT SERVICES 2010 Pace - 2 of 3 By: SHERIFF, COUNTY OF OAKLAND, a Michigan Csnstitutional Officer By: MICHAEL J UCHARD, Sheriff, County of Oakland OCSO ParkDep2010.doc 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 \ jfArtyl_skr ,2009. WITNESS: OAKLAND COUNTY PARKS AND RECREATION COMMISSION By: PECKY D. LEWIS, JR., Chaiperso Oakland County Parks and Recreation Commission IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County Sh riff, a Michigan Constitutional Officer, hereby accepts and binds the Off] the Oakland qjtnty Sh riff to the terms and conditions of this CONTRACT on this day of , 2009. OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAIN ENFORCEMENT SERV/CES 2010 Pace 3 of 3 31,320 $ 29,520 1,179 $ 1,179 1,419 $ 1,398 5,346 $ 1,785 39,264 $ 33,882 -13.71% $ 317,805 $ 315,680 -0.67% $ 322,528 $ 320,289 $ 26,877 $ 26,691 71.48 $ 47.44 $ 28.42 $ $ 24.85 $ 24.85 $ 2,463 $ 2,463 2,260 $ 2,146 4,723 $ 4,609 2009 2010 18.95 $ 18.49 16.57 $ 16.16 16.57 $ 16.16 75.91 49.11 27.73 24.24 24.24 -2.41% -0.69% -0.69% -2.43% -2.47% -2.47% 322,528 $ 320,289 113,700 $ 110,940 49,710 $ 48,480 33,140 $ 32,320 10,000 $ 10,000 529,078 $ 522,029 6,000 $ 3,000 $ 2,000 $ -1.33% Law Enforcement Patrol Services Parks and Recreation 2010 rates Fixed Rates: Salary and Fringes Sergeant(1-position) Deputy I (2-positions) sub-total Operating Charges Transportation Deputy Supplies Uniform cost Liability Insurance sub-total Total full time rate Operating expenses for PTNE Deputy Supplies Uniforms Total Per month Charge Variable Rates Park Deputy II per hour Park Deputy I per hour Mounted Deputy per hour Sergeant overtime rate Deputy I overtime rate Park Deputy II overtime rate Park Deputy I overtime rate Mounted Deputy overtime rate Estimated Total Annual Rate Fixed Estimated Park Deputy II hours Estimated Park Deputy I hours Esinnated Mounted Deputy hours estimated Overtime total estimated costs to Parks 2009 2010 % inc. $ 117,231 $ 119,314 $ 161,310 $ 162,484 $ 278,541 $ 281,798 1.17% I HEREBY APPROVE;HE FOREI 116 RESOLUTION / //TM " Resolution #09312 December 9, 2009 Moved by Middleton supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted and appointments being confirmed). Discussion followed. Vote on Consent Agenda: AYES: Bums, CapeIlo, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) 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 and appointments being confirmed). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 9, 2009, 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 9th day of December, 2009. Ruth Johnson, County Clerk