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HomeMy WebLinkAboutInterlocal Agreements - 2025.05.01 - 42737 November 12, 2025 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On May 1, 2025, the Board of Commissioners for Oakland County entered into an agreement per MR #2025-5116 – Sheriff’s Office – Interlocal Agreement with the Charter Township of White Lake for 2025-2027 Marine Patrol Services. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the Charter Township of White Lake, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz, Corporation Counsel, Oakland County Elizabeth Skwarczewski, Sheriff Rate & Grant Coordinator, OCSO Anthony Noble, Clerk, Charter Township of White Lake Enclosures AGENDA ITEM: Interlocal Agreement with the Charter Township of White Lake for the 2025-2027 Marine Patrol Services DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, May 1, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-5116 Motion to approve the interlocal agreement with the Charter Township of White Lake for the 2025- 2027 Marine Patrol Services to continue one (1) GF/GP part-time non-eligible (PTNE) 250 hours per year Marine Deputy position (#4030635-10962) in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this agreement; further, authorize the Chair of the Board of Commissioners to execute the attached agreement; further, amend the FY 2025-2027 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Interlocal Agreement Penny Luebs INTRODUCTION AND BACKGROUND It is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services. For several years the Oakland County Sheriff’s Office has contracted with the Charter Township of White Lake to provide marine patrol services to the community. The Charter Township of White Lake has expressed an interest in entering into a new, three (3) year, marine patrol services agreement with the Oakland County Sheriff to provide marine patrol services on the Township's lakes for its residents.. POLICY ANALYSIS The Charter Township of White Lake will continue one (1) GF/GP part-time non-eligible (PTNE) 250 hours per year Marine Deputy position at the rates detailed below. The attached Schedule A, provided by Fiscal, details the adjusted budget to account for the difference resulting from the change in rates. This calculation is based on the number of marine positions and hours. FISCAL IMPACT: Budget Amendment Attached Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Timothy Willis, Undersheriff Gaia Piir, Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 5/1/2025 AGENDA DEADLINE: 04/17/2025 4:30 PM ATTACHMENTS 1. SchA-Sheriff Office- Interlocal Agreement with the Charter Township of White Lake 2025-2027 Marine Patrol Svs #2025-5116 2. 2025-2027 Marine Agreement - White Lake COMMITTEE TRACKING 2025-04-22 Public Health & Safety - Recommend to Board 2025-05-01 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Michael Gingell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor, Robert Smiley (19) No: None (0) Abstain: None (0) Absent: (0) Passed Oakland County, Michigan Sheriff's Office - Interlocal Agreement with the Charter Township of White Lake for the 2025-2027 Marine Patrol Services #2025-5116 Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ)Region (REG) Budge t Fund Affiliat e (BFA) Ledger Account Summar y Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment R General Fund Patrol Services FND10100 CCN4030601 RC631869 PRG116200 REG40210 Reimb Salaries $1,718 $1,128 $1,233 Total Revenues $1,718 $1,128 $1,233 E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 REG40210 Contingency $1,718 $1,128 $1,233 Total Expenditures$1,718 $1,128 $1,233 Oakland County, Michigan Sheriff's Office - Interlocal Agreement with the Charter Township of White Lake for the 2025-2027 Marine Patrol Services #2025-5116 Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ)Region (REG) Budge t Fund Affiliat e (BFA) Ledger Account Summar y Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment OAKLAND COUNTY SHERIFF'S OFFICE 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE This Agreement is made and entered into between the CHARTER TOWNSHIP OF WHITE LAKE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 7525 Highland Road, White Lake, Michigan 48383 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to the individual described herein. INTRODUCTORY STATEMENTS Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such as this, has only limited responsibility to do so within the MUNICIPALITY; and Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of MARINE LAW in the MUNICIPALITY; and Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of these premises and the mutual promises, 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 COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. “CLAIM” shall be defined to include any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which either party becomes O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 2 02.04.2025 legally and/or contractually obligated to pay, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives elected by popular vote to a COUNTY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election. c. “MARINE LAW” means Subchapter 5 (“Watercraft and Marine Safety”) of the Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules promulgated thereunder by the Michigan Department of Natural Resources, and local ordinances adopted in conformity with this Act. d. "MARINE PATROL SERVICES" shall be defined and interpreted as the prevention and detection of MARINE LAW violations and the enforcement of MARINE LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE PATROL SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental MARINE PATROL SERVICES authorized by law to be performed by the O.C.S.O. e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the commanding officer, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol Investigator, Detective Sergeant, or any other person or persons of any rank, classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF. O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 3 02.04.2025 2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY. MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related "Support Services," such as Arson Investigation and Detective and Crime Lab services, which the O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide MARINE PATROL SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional MARINE PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance-based outcome. 3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental MARINE PATROL SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to the O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any particular person beyond that of the O.C.S.O.'S or any SHERIFF'S DEPUTY'S law enforcement duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY’S expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the MARINE PATROL SERVICES contemplated under this Agreement. O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 4 02.04.2025 a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF’S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in the MUNCIPALITY’S geographical area, due to any of the reasons described in subparagraphs 1 - 3 below, such periods of time shall be included in and counted toward the hours allotted for MARINE PATROL SERVIES set forth in SCHEDULE A: 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the beginning of or end of any shift by any SHERIFF’S DEPUTY if that SHERIFF DEPUTY’S shift starts or ends in Pontiac; 2. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY’S marine patrol activities; 3. Performance of any MARINE PATROL SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of MARINE PATROL SERVICES to the MUNICIPALITY. c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours. 6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement. For every monthly period (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 5 02.04.2025 MUNICIPALITY an invoice that sets forth the monthly amount due for each SHERIFF'S DEPUTY'S MARINE PATROL SERVICES rendered during that monthly period, plus any charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off from any other MUNICIPALITY funds that are in the COUNTY’S possession for any reason. Funds include but are not limited to the Delinquent Tax Revolving Fund (“DTRF”). Any set-off or retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the County or it’s Officials for any acts related specifically to the COUNTY’S off-setting or retaining such amounts. This paragraph shall not limit the MUNICIPALITY’S legal right to dispute whether the underlying amount retained by the COUNTY was actually due and owing under this Agreement. If the County chooses not to exercise its right to set-off or if any setoff is insufficient to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid amount. Interest charges shall be in addition to any other amounts due to the COUNTY under this Agreement. Interest charges shall be calculated using the daily unpaid balance method and accumulate until all outstanding amounts and accumulated interest are fully paid. Nothing in this section shall operate to limit the COUNTY’s right to pursue or exercise any other legal rights or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of amounts due the County under this Agreement. The remedies in this Section shall be available to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if the COUNTY pursues any legal action in any court to secure its payment under this Agreement, the MUNICIPALITY agrees to pay all costs and expenses, including attorney’s fees and court costs, incurred by the COUNTY in the collection of any amount owed by the MUNICIPALITY. 9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 6 02.04.2025 this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, , etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. Except as expressly provided for in this Agreement, the parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either party under any existing law or regulation. 12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement. 14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, boats, automobiles, radios, communications equipment, 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 DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, , personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the O.C.S.O. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 7 02.04.2025 by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 16. Each party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or Agents. 17. In any CLAIMS that may arise from the performance of this Agreement, each party shall seek its own legal representation and bear the costs associated with such representation, including any attorney fees. 18. Except as otherwise provided in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified by the other Party or any of its agents or employees in connection with any CLAIM. 19. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., May 1, 2025, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on September 30, 2027. In addition, any party may terminate this Agreement, prior to its September 30, 2027 expiration, upon written notification to all others at least thirty (30) days prior to the proposed termination date, which date shall be clearly stated in the written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the MUNICIPALITY under this Agreement shall end. 21. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY’S Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing with the Secretary of State. 22. The parties shall send, by first class mail, or alternatively may deliver in person, any correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service or delivered to such person’s office during normal working hours. 23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 8 02.04.2025 work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the O.C.S.O., subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms of this Agreement. 24. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 25. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 9 02.04.2025 understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 10 02.04.2025 IN WITNESS WHEREOF, Rik Kowall, Supervisor for the MUNICIPALITY, hereby acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of _______________, 2025. WITNESSES: ____________________________________ ____________________________________ CHARTER TOWNSHIP OF WHITE LAKE a Michigan Municipal Corporation BY: ________________________________ Rik Kowall Supervisor BY: ________________________________ Anthony Noble Clerk IN WITNESS WHEREOF, DAVID T. WOODWARD, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this ______ day of _______________, 2025. WITNESS: ____________________________________ COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: ________________________________ DAVID T. WOODWARD IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the Agreement on this ______ day of _______________, 2025. WITNESS: ____________________________________ OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: _______________________________ MICHAEL J. BOUCHARD, Oakland County Sheriff O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 11 02.04.2025 SCHEDULE A MARINE PATROL AGREEMENT 2025-2027 Ranks: The Sheriff’s Deputies to be assigned to Municipality under the Agreement to which this Schedule is attached will be Marine Deputies with a rank or classification of “PTNE”, Part Time, Non-Eligible (for Benefits.) Rates: The Hourly Rates upon which Municipality’s payment obligation shall be determined are as follows: * 2027 Rates are subject to change based on the Inflation Rate Multiplier (IRM). Actual Rates to be determined November 2025. IRM is provided by the Michigan State Tax Commission. Lakes: The designated lakes and waterways upon which Marine Patrol Services as defined in Section 1.d. of the Agreement to which this Schedule is attached are to be provided shall be identified in writing by the municipality. Within this writing, the MUNCIPALITY may include any requested schedule and a “NOT TO EXCEED” amount of billings for lake or waterway. Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services shall identity the designated lake or waterway to which they relate. Marine Deputy with Boat $49.64 $54.15 $59.08 with Boat $64.30 $70.15 $76.54 $35.88 $39.14 $42.70 without Boat $50.54 $55.14 $60.16 OAKLAND COUNTY SHERIFF'S OFFICE 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE This Agreement is made and entered into between the CHARTER TOWNSHIP OF WHITE LAKE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 7525 Highland Road, White Lake, Michigan 48383 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to the individual described herein. INTRODUCTORY STATEMENTS Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such as this, has only limited responsibility to do so within the MUNICIPALITY; and Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of MARINE LAW in the MUNICIPALITY; and Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of these premises and the mutual promises, 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 COUNTY, the SHERIFF, and the MUNICIPALITY mutually agree: 1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used throughout this Agreement, the following terms and expressions whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as provided herein. The parties further agree that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity. a. “CLAIM” shall be defined to include any and all losses, complaints, demands for relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in settlement, and/or any other amount for which either party becomes O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 2 02.04.2025 legally and/or contractually obligated to pay, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives elected by popular vote to a COUNTY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election. c. “MARINE LAW” means Subchapter 5 (“Watercraft and Marine Safety”) of the Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules promulgated thereunder by the Michigan Department of Natural Resources, and local ordinances adopted in conformity with this Act. d. "MARINE PATROL SERVICES" shall be defined and interpreted as the prevention and detection of MARINE LAW violations and the enforcement of MARINE LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE PATROL SERVICES contemplated and to be provided under this Agreement are strictly limited to those governmental MARINE PATROL SERVICES authorized by law to be performed by the O.C.S.O. e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or such persons appointed, pursuant to state law, to fill a vacant elected office pending an election, and those individual MUNICIPALITY employees or agents whose specific job responsibilities mandate the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster. f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees, managers, departments, divisions, volunteers, agents, representatives, predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above (whether such persons act, or acted, in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes under this Agreement. h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement, who is designated by the SHERIFF to maintain all lines of communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the commanding officer, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF to perform this function. i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol Investigator, Detective Sergeant, or any other person or persons of any rank, classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF. O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 3 02.04.2025 2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY. MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related "Support Services," such as Arson Investigation and Detective and Crime Lab services, which the O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to be made available, at no additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law enforcement "Support Services" available, at no additional charge, to all other communities within Oakland County. a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide MARINE PATROL SERVICES to the MUNICIPALITY. b. The SHERIFF will make every reasonable effort to provide professional MARINE PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for police protection, with the levels of staff provided for in SCHEDULE A. c. Notwithstanding any other provision in this Agreement, this Agreement shall not be interpreted to include any warranty, promise or guaranty, either express or implied, or of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL SERVICES under this Agreement will result in any specific reduction or prevention of criminal activity within the MUNICIPALITY or any other performance-based outcome. 3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is to provide governmental MARINE PATROL SERVICES in and for the MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to the O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any particular person beyond that of the O.C.S.O.'S or any SHERIFF'S DEPUTY'S law enforcement duty, as established under existing law, to the general public. 4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY’S expense, when temporarily called to the aid of another community due to an emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification temporarily needed in that other community. 5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the MARINE PATROL SERVICES contemplated under this Agreement. O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 4 02.04.2025 a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A, whenever any SHERIFF’S DEPUTY contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in the MUNCIPALITY’S geographical area, due to any of the reasons described in subparagraphs 1 - 3 below, such periods of time shall be included in and counted toward the hours allotted for MARINE PATROL SERVIES set forth in SCHEDULE A: 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the beginning of or end of any shift by any SHERIFF’S DEPUTY if that SHERIFF DEPUTY’S shift starts or ends in Pontiac; 2. Appearance in any Court or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to MUNICIPALITY’S marine patrol activities; 3. Performance of any MARINE PATROL SERVICES for the MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area; and b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES contracted for under this Agreement so as to provide the broadest possible coverage of MARINE PATROL SERVICES to the MUNICIPALITY. c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours. 6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S services, duties, or obligations under this Agreement to any other public or private person, corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e., preceding Paragraph). 7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement. For every monthly period (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 5 02.04.2025 MUNICIPALITY an invoice that sets forth the monthly amount due for each SHERIFF'S DEPUTY'S MARINE PATROL SERVICES rendered during that monthly period, plus any charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such invoice within 30 days of the invoice date. 8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off from any other MUNICIPALITY funds that are in the COUNTY’S possession for any reason. Funds include but are not limited to the Delinquent Tax Revolving Fund (“DTRF”). Any set-off or retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the County or it’s Officials for any acts related specifically to the COUNTY’S off-setting or retaining such amounts. This paragraph shall not limit the MUNICIPALITY’S legal right to dispute whether the underlying amount retained by the COUNTY was actually due and owing under this Agreement. If the County chooses not to exercise its right to set-off or if any setoff is insufficient to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid amount. Interest charges shall be in addition to any other amounts due to the COUNTY under this Agreement. Interest charges shall be calculated using the daily unpaid balance method and accumulate until all outstanding amounts and accumulated interest are fully paid. Nothing in this section shall operate to limit the COUNTY’s right to pursue or exercise any other legal rights or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of amounts due the County under this Agreement. The remedies in this Section shall be available to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if the COUNTY pursues any legal action in any court to secure its payment under this Agreement, the MUNICIPALITY agrees to pay all costs and expenses, including attorney’s fees and court costs, incurred by the COUNTY in the collection of any amount owed by the MUNICIPALITY. 9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or any other communication prepared by, for, or at the direction of the MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY. 10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 6 02.04.2025 this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable telephones, portable computers, , etc.) supplied, provided, and/or leased directly to the COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S DEPUTY. 11. Except as expressly provided for in this Agreement, the parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either party under any existing law or regulation. 12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while acting under the terms of this Agreement shall perform any services directly or otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY. 13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement. 14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that may come to its knowledge or possession regarding any act contrary to the terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S DEPUTY. 15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all necessary tools, boats, automobiles, radios, communications equipment, 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 DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular telephones, , personal items or equipment, portable computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the O.C.S.O. which shall solely decide whether such personal property or special equipment shall be provided. Any and all such additional personal property, portable or individual use equipment or property, and/or any special equipment to be provided O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 7 02.04.2025 by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as provided for in this paragraph. 16. Each party shall be responsible for any CLAIMS made against that Party and for the acts of its Employees or Agents. 17. In any CLAIMS that may arise from the performance of this Agreement, each party shall seek its own legal representation and bear the costs associated with such representation, including any attorney fees. 18. Except as otherwise provided in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified by the other Party or any of its agents or employees in connection with any CLAIM. 19. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., May 1, 2025, and shall remain in effect continuously until it expires, without any further act or notice being required by either party, at 11:59 P.M. on September 30, 2027. In addition, any party may terminate this Agreement, prior to its September 30, 2027 expiration, upon written notification to all others at least thirty (30) days prior to the proposed termination date, which date shall be clearly stated in the written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the MUNICIPALITY under this Agreement shall end. 21. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY’S Governing Body. The approval and terms of this Agreement shall be entered in the official minutes and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing with the Secretary of State. 22. The parties shall send, by first class mail, or alternatively may deliver in person, any correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement. Except as otherwise provided for herein, all correspondence or written notices shall be considered delivered to a party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service or delivered to such person’s office during normal working hours. 23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 8 02.04.2025 work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY. b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY with the O.C.S.O., subject only to its collective bargaining Agreements. c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms of this Agreement. 24. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or nonpossessive, shall be deemed to include the other whenever the context so indicates or requires. 25. Absent an expressly written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent breach or default under this Agreement. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all persons acting by, through, under, or in concert with any of them. 27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 9 02.04.2025 understood and agreed that the terms of this Agreement are contractual and are not mere recitals and that there are no other agreements, understandings, or representations between the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement. David T. Woodward (Jun 3, 2025 11:14 EDT) O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE Page 11 02.04.2025 SCHEDULE A MARINE PATROL AGREEMENT 2025-2027 Ranks: The Sheriff’s Deputies to be assigned to Municipality under the Agreement to which this Schedule is attached will be Marine Deputies with a rank or classification of “PTNE”, Part Time, Non-Eligible (for Benefits.) Rates: The Hourly Rates upon which Municipality’s payment obligation shall be determined are as follows: * 2027 Rates are subject to change based on the Inflation Rate Multiplier (IRM). Actual Rates to be determined November 2025. IRM is provided by the Michigan State Tax Commission. Lakes: The designated lakes and waterways upon which Marine Patrol Services as defined in Section 1.d. of the Agreement to which this Schedule is attached are to be provided shall be identified in writing by the municipality. Within this writing, the MUNCIPALITY may include any requested schedule and a “NOT TO EXCEED” amount of billings for lake or waterway. Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services shall identity the designated lake or waterway to which they relate. Marine Deputy with Boat $49.64 $54.15 $59.08 with Boat $64.30 $70.15 $76.54 $35.88 $39.14 $42.70 without Boat $50.54 $55.14 $60.16 CHARTER TOWNSHIP OF WHITE LAKE Approved Minutes of the Regular Board of Trustees Meeting May 20, 2025 CALL TO ORDER Supervisor Kowall called the meeting to order at 6:30 P.M. He led the Pledge of Allegiance. ROLL CALL Clerk Noble called the Roll: Present: Rik Kowall, Supervisor Mike Roman, Treasurer Anthony L. Noble, Clerk Scott Ruggles, Trustee Steve Anderson, Trustee Andrea Voorheis, Trustee Liz Smith, Trustee Also Present: Sean O'Neil, Community Development Director Aaron Potter, Director of DPS Dave Hieber, Township Assessor Daniel T. Keller, Chief of Police John Holland, Fire Chief Lisa Hamameh, Township Attorney Hannah Kennedy-Galley, Recording Secretary APPROVAL OF AGENDA It was MOVED by Clerk Noble, seconded by Trustee Voorheis, to approve the agenda as presented. The motion carried with a voice vote: (7 yes votes). PUBLIC COMMENT Mike Powell, 4700 Cornerstone Drive, thanked the Board for consideration to his appointment as a Township consultant working in a part time capacity. CONSENT AGENDA A. REVENUE AND EXPENSES B. CHECK DISBURSEMENTS C. DEPARTMENT REPORT - POLICE D. DEPARTMENT REPORT-FIRE E. DEPARTMENT REPORT - COMMUNITY DEVELOPMENT F. DEPARTMENT REPORT-TREASURER It was MOVED by Clerk Noble, seconded by Treasurer Roman, to approve the consent agenda as presented. The motion carried with a voice vote: (7 yes votes). Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 2 of 10 MINUTES A. APPROVAL OF MINUTES - REGULAR BOARD MEETING, APRIL 15, 2025 B. APPROVAL OF MINUTES - SPECIAL BOARD MEETING, APRIL 22, 2025 It was MOVED by Trustee Anderson, seconded by Clerk Noble, to approve the minutes of the regular Board meeting of April 15, 2025, and the minutes of the Special Board meeting of April 22, 2025. The motion carried with a voice vote (7 yes votes). PRESENTATIONS A. POLICE DEPARTMENT PROMOTION TO SERGEANT - J ESSICA SNOW Chief Keller acknowledged Officer Snow's family, who were in attendance this evening, and presented her achievements. She will be the first female officer in the history of the White Lake Police Department to be promoted to sergeant. She was sworn in by Clerk Noble and pinned by her husband, Justin. B. FIRE DEPARTMENT OFFICIAL SWEARING IN OF FIREFIGHTERS/EMT'S - MARK BIRKHOLZ AND NATHANIEL JENKS.AND RECOGNITION OF FIREFIGHTER/MEDIC JOSEPH DOULETTE FOR COMPLETION OF PARAMEDIC SCHOOL Chief Holland recognized Firefighter/EMTs Mark Birkholz and Nathaniel Jenks. They both were sworn in by Clerk Noble and pinned by their wives. Chief Holland also acknowledged and recognized Firefighter/Medic Joseph Doulette for his completion of Paramedic School. Supervisor Kowall stated he received Chief Holland's notice of retirement with mixed emotions. Chief Holland has served the Township for 40 years. He thanked him for his service to the Township over the years and his dedication to the welfare and safety of Township residents. PUBLIC HEARING A. PUBLIC HEARING TO HEAR COMMENTS ON THE IMPROVEMENTS KNOWN AS ROUND LAKE SOUTH/WEST SEWER MAIN SPECIAL ASSESSMENT DISTRICT It was MOVED by Supervisor Kowall, seconded by Trustee Smith, to open the public hearing on the improvements known as Round Lake South/West Sewer Main Special Assessment District at 6:52 P.M. The motion carried with a roll call vote: (7 yes votes) (Kowall/yes, Smith/yes, Ruggles/yes, Noble/yes, Voorheis/yes, Roman/yes, Anderson/yes). Steven Zagurny, 1320 Clearwater, stated his concerns about access to his home during the construction of the project. He also wanted to see consideration for senior citizens and their finances during this process. Kevin Perrone, 9645 Caprice, asked if there is anything that can be done to oppose the project. He stated he is opposed to the project. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 3 of 10 Mary Luark, 1476 Orchard, spoke in opposition to the sewer SAD. Wayne Patterson, 9530 Cooley Lake Road, stated he filed a formal letter of protest and has requested information about the project. Patricia Smith, 1283 Grove Point, stated her concerns about the nearby contamination in the area, and asked if water would be brought down to the area soon. Ron Krause, 1475 Midway, spoke in opposition to the sewer. Bruce Greenberg, 1253 Grove Point Drive, asked about the breakdown of the sewer-related fees. Ryan Brown, 9508 Round Lake, spoke in support of the sewer SAD. Charles Dorrell, 9360 Cooley Lake Road, stated there is a lot of bad water around the Round Lake/Cooley Lake area and was concerned if the sewers are going in, the County might want to upgrade the water system in the area. He did not want to pay for the same project twice. Supervisor Kowall directed all resident questions about the SAD to the DPS Department, more specifically, to contact Director Potter, Director of the DPS Department. It was MOVED by Supervisor Kowall, seconded by Trustee Smith, to close the public hearing at 7:06 P.M. The motion carried with a voice vote: (7 yes votes). Treasurer Roman clarified that the project is strictly for the sewer main and does not include sewer hookup costs. He added that property owners will not be required to hook up to the sewer system unless their septic system fails, he made the audience aware of available financial help through Oakland County's Neighborhood and Housing Development Department. It is a loan that is 100% deferred, and the principal of the loan is paid in the future when the property owner moves or leases their home. There are no payments or interest charged on the principal. He added that there are qualification requirements based on the property owner's income. Additional information can be found by calling 248-858-5401. Supervisor Kowall stated that under law, the Township is required to have procedural processes for the SAD. The public hearing is the beginning of the procedural process. Supervisor Kowall also added that the Board has approved the Emergency Sewer Hook-up Program. The program has money set aside to help those who are required to connect to the sewer after a septic failure. The SAD will be an improvement to the affected homeowner's property value and will also improve the conditions of the lake. Assessor Hieber stated the SAD is petition-based and was petitioned in late 2023. The Board took action on an intention resolution in January of 2024. 100 parcels were notified; 57 parcels signed the petition to proceed with the SAD, and 43 parcels did not sign the petition. The petition was originally priced at 1,300,030.00. The intention resolution authorized Director Potter to go out to bid for the engineering costs of the project, and DLZ was the lowest bidder. Bids for the construction costs of the SAD were Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 4 of 10 opened on May 6, 2025. If the Board moves forward with establishing the parcels in the district, then the next public hearing to assess the price per parcel will be at the June 2025 Board meeting. Treasurer Roman said the assessed price per parcel will include the petition price plus a 10% contingency, which will be divided among the SAD participants. Any incurred average costs will be picked up by the Township's sewer system. The sewer system is paid for from sewer fees, not property taxes. Ron Krause, 1475 Midway, said he understood the petition must have over 50% yes signatures to move forward. He claims there are not enough yes signatures on the petition. Director Potter clarified that Michigan's public health code requires a connection to sewer if the property has a septic failure and is within 200' of the sewer main. The Township does not mandate connections, but if there is a sewer in front of a property with a failed septic system, the homeowner will be required to connect to the available sewer, per Michigan's public health code. NEW BUSINESS A. RESOLUTION #25-009; TO DETERMINE THE SUFFICIENCY OF PETITIONS AND NECESSITY OF IMPROVE^M^^^^^ SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS ROUND LAKE SOUTH/WEST SEWER MAIN SPECIAL ASSESSMENT DISTRICT Director Potter reiterated that any questions or clarification regarding the project can be directed to the White Lake DPS Department. He encouraged residents to make an appointment to get answers to their questions. Treasurer Roman said the hearing for the confirmation of the Round Lake South/West Sewer Main SAD roll will be at the June 17, 2025, Board meeting. It was MOVED by Supervisor Kowall, seconded by Trustee Voorheis, to approve Resolution #25-009; to determine the Sufficiency of Petitions and Necessity of Improvements and Designating a Special Assessment District to Be Known as Round Lake South/West Sewer Main Special Assessment District. The motion carried with a roll call vote: (7 yes votes). (Voorheis/yes, Anderson/yes, Roman/yes, Smith/yes, Ruggles/yes, Noble/yes, Kowall/yes). B. REQUEST FOR TENTATIVE AWARD OF CONSTRUCTION CONTRACT - ROUND LAKE SW SANITARY SEWER SAP Director Potter reiterated that the public bid opening for the construction of the project was held on May 6, 2025. Two qualified bids were received, and DPS requests that the Township Board award the construction contract to the lowest bidder. Superior Excavating, pending the confirmation of the roll. The award is contingent on the confirmation of the SAD roll at the June 17, 2025, Board meeting. It was MOVED by Supervisor Kowall, seconded by Treasurer Roman, to award the tentative construction contract to Superior Excavating, pending the confirmation of the roll for the Round Lake SW Sanitary Sewer Extension SAD for the amount of $1,123,258.00. The motion carried with a roll call Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 5 of 10 vote: (7 yes votes) (Kowall/yes, Ruggles/yes, Smith/yes, Voorheis/yes, Anderson/yes, Roman/yes, Noble/yes). Treasurer Roman clarified that if the project does go through, the property owner will not pay quarterly sewer fees until they tap into the sewer system. The quarterly fee is $206, and the grinder pump is included. Andrew Palmer, 9534 Round Lake Road, said he was the original petitioner and explained that the SAD costs will be divided over 15 years. C. REQUEST TO APPROVE AMENDED PLANNED BUSINESS DEVELOPMENT AGREEMENT - WALMART Director O'Neil reviewed the applicant's request. Walmart will be constructing a small addition on the west side of the building to allow for grocery pickup. The Planning Department and the Planning Commission did not find any issues with the request. It was MOVED by Clerk Noble, seconded by Treasurer Roman, to approve the amended Planned Business Development agreement for Walmart, subject to attorney review, and to allow the Supervisor to execute the document. The motion carried with a voice vote: (7 yes votes). D. RESOLUTION #25-011; APPROVING THE RESIDENTIAL REFUSE COLLECTION AGREEMENT WITH PRIORITY WASTE - 2026-2032 Supervisor Kowall thanked Deputy Pergament for her work on the agreement. Deputy Pergament said the garbage contract with Priority expires at the end of the year. A competitive bid was sent out, and three bids were received: Priority Waste represented by Dan Venet who is present at the meeting, Waste Management, and Red Bull Sanitation. Waste Management came to the bid opening with a no-bid letter. Deputy Pergament added that Red Bull Sanitation is a newly formed company and was not able to answer some of the questions provided to them. Deputy Supervisor Pergament asked the bidders about a five and seven year contract and options for maintaining the current bins, as well as options to upgrade to the recycling carts. She stated she is recommending the bid from Priority Waste for a seven-year contract, which will allow the Township to lock in the current pricing for an additional two years. Supervisor Kowall said the question remains whether to make the recycling cart an option or include it as part of the bid. Deputy Supervisor Pergament added that Priority Waste is willing to stay with the bins allowing residents to keep the smaller bins, but she quoted an option to include an upgrade to the 65-gallon recycling carts. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 6 of 10 In response to Treasurer Roman's inquiry about the agreement, Deputy Pergament said the contract was standard terms and conditions and that it was already reviewed by Township counsel. Priority Waste agreed to the terms of the contract. Trustee Ruggles asked Deputy Supervisor Pergament if the option including the recycling cart was approved, would the residents be responsible for the cost. Deputy Supervisor Pergament confirmed it would be part of the contract price if the Board chose that option. Trustee Ruggles stated he wants to leave the cart upgrade option up to the resident. She added that some of the residents have already purchased their recycling carts and that might be best. Trustee Anderson asked where the option for recycling carts came from. Deputy Supervisor Pergament said she has received complaints from neighbors about recycling blowing away from the uncovered bins. Trustee Anderson asked approximately how many in the Township had carts versus how many had bins. Dan Venet, VP of Municipal Sales, Priority Waste, said he guessed half of the Township has recycling carts, the remainder would have bins. Supervisor Kowall stated that the residents should have a choice if they want to purchase their recycling carts. It was MOVED by Clerk Noble, seconded by Trustee Anderson, to amend Resolution #25-011, approving the waste collection contract with Priority Waste to authorize Option #1, a seven-year contract with a 95-gallon refuse cart and an 18-gallon recycling bin. This option includes 400 vehicles during the Township's Hazardous Waste Event at no additional charge and authorizes the Township Supervisor to execute all legal documents included in the agreement. The motion carried with a roll call vote: (7 yes votes). Kowall/yes, Noble/yes, Roman/yes, Voorheis/yes, Smith/yes, Ruggles/yes, Anderson/yes). E. RESOLUTION #25-010: TENTATIVELY DECLARING ITS INTENTION TO ESTABLISH A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS 2026-2032 RESIDENTIAL REFUSE COLLECTION PROJECT Assessor Hieber noted that the cost estimate to notify the taxpayers is slightly under $10,000. Supervisor Kowall stated he would include language in the motion regarding notification if the costs to notify residents of the SAD exceed $10,000. It was MOVED by Supervisor Kowall, seconded by Clerk Noble, to approve Resolution #25-010; Tentatively Declaring its Intention to establish a Special Assessment District to be known as 2026-2032 Residential Refuse Collection and, in the event the public notification expenditure exceeds $10,000, the board will be notified. The motion carried with a roll call vote: (7 yes votes). (Kowall/yes, Smith/yes, Ruggles/yes, Noble/yes, Anderson/yes, Voorheis/yes, Roman/yes). Treasurer Roman thanked Assessor Hieber for his work on the residential refuse collection SAD. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 7 of 10 F. 2025 OPEB EMPLOYER CONTRIBUTIONS Treasurer Roman said it is time to look at the retirement healthcare fund. He recommended a change - instead of asking police and fire to contribute, he asked the Board to allocate $200,000 from current tax interest income towards the employer contribution this year. The reason behind this was due to the financial contributions both Police and Fire made to the new Public Safety building, and the contribution from the current tax interest income would help relieve the strain on their budgets. It was MOVED by Supervisor Kowall, seconded by Clerk Noble, to approve the 2025 OPEB contributions. The motion carried with a voice vote: (7 yes votes). G. INDEPENDENT CONSULTANT AGREEMENT - MIKE POWELL Supervisor Kowall stated this agreement will allow Mr. Powell to serve the Township as a consultant and as an alternate on the Zoning Board of Appeals. He was previously unable to serve on the Zoning Board of Appeals as an alternate due to his status as a part-time employee. As a consultant, he will be able to serve on the Zoning Board of Appeals and offer his engineering services to the Township. Trustee Anderson asked for clarification on the established pay per hour. Supervisor Kowall said it was established with his initial part-time employment agreement. It was MOVED by Treasurer Roman, seconded by Trustee Smith, to approve the Independent Consultant agreement for Mike Powell. The motion carried with a voice vote: (7 yes votes). H. REQUEST TO CONSIDER PROPOSALS TO DEMOLISH CINDER BLOCK BUILDING AT STANLEY PARK Supervisor Kowall said the renovations or replacement of the building are a part of the Stanley Park Phase Two Land and Water grant application. Three bids were received for demolition: Cortis Brothers, RJ Hoffman, and Milford Contracting. Milford Contracting was the lowest bidder at $5,476. Supervisor Kowall said he contacted Aaron Phillips from Mccarthy and Smith about the integrity of the building. Mr. Phillips stated that the building appeared salvageable, although additional support construction would be needed. Supervisor Kowall wanted to pursue the option of saving the building as a measure of cost savings. Supervisor Kowall recommended that the Board consider the demolition bid, but the Board could wait while a budget for renovating the existing building was evaluated. He wanted to explore due diligence on the potential repair and renovation of the building. Mike Powell, 4700 Cornerstone/ stated he was not in favor of eliminating Township assets before all aspects are considered. He would like the opportunity to evaluate it as a structural engineer to determine if the building is salvageable. Trustee Anderson asked Mr. Powell if he had seen the structure. Mr. Powell said he took a preliminary look at the building a few years back, but not with its current intended use in mind. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 8 of 10 Clerk Noble said he also spoke with Mr. Phillips, and the area where the cinder block building sits now would make a great location for the pickleball courts. Trustee Anderson said he went to Stanley Park to look at the building and did not see a value in keeping it. He added that it will be better to go ahead and start fresh. Mr. Powell said last time he looked at the building, it looked like the skeleton of a beautiful building. Treasurer Roman said Mr. Phillips said renovation to the building is possible, but it would be significantly more than constructing a new building. He added that renovating the existing building will force the Township to use its existing footprint. Trustee Smith said constructing a new building elsewhere on the site could be an opportunity to optimize recreational use for the park, due to the topography of the lot. The area where the current building sits is one of the only flat areas in the park, and the restrooms could be shifted elsewhere on the site. Trustee Anderson stated the Board wants to respond to the recreational uses the residents want. He said the construction of the new buildings looks like it is for Township staff, and demolishing the existing building makes an opportunity to provide residents with their desired recreational uses. It was MOVED by Trustee Anderson, seconded by Clerk Noble, to approve the lowest bid from Milford Contracting to demolish the cinder block building at Stanley Park, not to exceed $5,470. The motion carried with a roll call vote: (5 yes votes). (Voorheis/no, Anderson/yes, Roman/yes, Kowall/no, Noble/yes, Ruggles/yes, Smith/yes). Trustee Smith stated she did not agree with Trustee Andersen's comments. The Board is not building for them; they are building for the residents. It was important to her to listen to the residents, and the residents made it loud and clear that they want more recreational opportunities. Trustee Ruggles asked Mr. Powell how the footings would be discovered. Mr. Powell said he would try with a shovel to determine if the depth of the footings is frost-resistant. Trustee Ruggles said the current building is in disrepair. Supervisor Kowall added that the plan submitted for the grant shows a specific location for the building, and the Board is deciding what to do with the park before the Parks and Recreation Committee weighs in. He said it would be right to consult the Committee on their thoughts first. Trustee Voorheis agreed. The Board further discussed the options of renovating versus demolishing the building. Mary Earley, 5925 Pine Ridge Court, spoke in favor of demolishing the building. Trustee Voorheis stated the Board should have more trust in their Parks and Recreation Committee. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 9 of 10 I. REQUEST TO APPROVE MARINE PATROL AGREEMENT BETWEEN OAKLAND COUNTY AN D WHITE LAKE TOWNSHIP 2025- 2030 Supervisor Kowall stated this is a marine agreement for patrol on Pontiac Lake throughout the summer months. It was MOVED by Clerk Noble, seconded by Treasurer Roman, to approve the Marine Patrol Agreement Between Oakland County and White Lake Township 2025- 2030. The motion carried with a voice vote: (7 yes votes). J. REQUEST TO APPROVE MILLER CANFIELD BOND ^COUNSEL ENGAGEMENT LETLERFORSPECIAL ASSESSMENT BONDS FOR ROUND LAKE SEWER SAD Treasurer Roman said Attorney Hamameh reviewed the engagement letter. Miller Canfield is a reputable bond counsel. It was MOVED by Treasurer Roman, seconded by Clerk Noble, to Approve Miller Canfield Bond Counsel Engagement Letter for Special Assessment Bonds for Round Lake Sewer SAD, and for the Supervisor to Execute. The motion carried with a voice vote: (7 yes votes). OLD BUSINESS A. REQUESTTO APPROVE REVISED TRI-PARTY COST PARTICIPATION AGREEMENT BETWEEN WHITE LAKE TOWNSHIP AND OAKLAND COUNTY ROAD COMMISSION - RIGHT OF WAY ACQUISITION FOR PONTIAC LAKE ROAD - MARGIE DRIVE TO KINGSTON STREET Supervisor Kowall stated that Oakland County made an error on the last document, so the revised agreement must be re-approved. The agreement is standard and non-negotiable. It was MOVED by Treasurer Roman, seconded by Supervisor Kowall, to approve the Tri-Party Cost Agreement between White Lake Township and Oakland County Road Commission - Right of Way Acquisition for Pontiac Lake Road - Margie Drive to Kingston Street. The motion carried with a roll call vote: (7 yes votes). (Kowall/yes, Roman/yes, Noble/yes, Smith/yes, Voorheis/yes, Anderson/yes, Ruggles/yes). FYI - CIVIC CENTER UPDATE Supervisor Kowall said decking is being installed at the Township Hall, and the structural steel is being installed at the gun range at the Public Safety Building. Director O'Neil said there is a scheduled meeting tomorrow about the timber frame construction at for the new Township Hall. TRUSTEE COMMENTS Trustee Voorheis said May is a historical month for the Township with the first female police sergeant and with Chief Holland's 40 years of service. She wished everyone a safe and happy holiday. Charter Township of White Lake Regular Board Meeting Approved Minutes of May 20, 2025 Page 10 of 10 Treasurer Roman thanked the Earley's for coming out tonight. Trustee Anderson thanked Director Potter for his education on the water and sanitary systems. The ZBA will be meeting this Thursday. He hopes everyone has a safe and happy Memorial Day. Trustee Ruggles said the Planning Commission will meet on June 5, 2025. He thanked Chief Holland for his years of service. Clerk Noble wanted to take a moment of silence for the fallen police officers during police week. He thanked Deputy Supervisor Pergament for her diligent work on the garbage contract. He thanked Chief Holland for his 40 years of service. Trustee Smith thanked the library for recognizing her at their Volunteer Appreciation Breakfast. She said it was wonderful to see a full room of community volunteers. Last week was Police Week, and she wanted to thank Clerk Noble and all of the Township officers. The Police Open House is June 8, 2025. She said history was made tonight and congratulated Sergeant Snow. She thanked Chief Holland for his work as a leader in the community and for being the longest tenured employee at the Township. Supervisor Kowall thanked Deputy Pergament for her commitment and attention to detail. ADJOURNMENT It was MOVED by Supervisor Kowall, seconded by Treasurer Roman, to adjourn at 8:42 P.M. The motion carried with a voice vote: (7 yes votes) Kow^ll, Supervisor AntM^L. Noble, Clerk, MiPMC Charter Township of White Lake Charter Township of White Lake