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HomeMy WebLinkAboutInterlocal Agreements - 2025.05.01 - 42745 November 10, 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 #2025-5108 – Sheriff’s Office – Interlocal Agreement with the Charter Township of Independence 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 Independence, 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 Cari J. Neubeck, Clerk, Charter Township of Independence Enclosures AGENDA ITEM: Interlocal Agreement with the Charter Township of Independence 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 #2025-5108 Motion to approve the interlocal agreement with the Charter Township of Independence for the 2025-2027 Marine Patrol Services to continue one (1) GF/GP part-time non-eligible (PTNE) 125 hours per year Marine Deputy position (#4030635-11201) 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 Independence to provide marine patrol services to the community. The Charter Township of Independence has expressed an interest in entering into a new, three (3) year, marine patrol services agreement for the Oakland County Sheriff to provide marine patrol services on the Township's lakes for its residents. POLICY ANALYSIS The Charter Township of Independence will continue one (1) GF/GP part-time non-eligible (PTNE) 125 hours per year Marine Deputy position at the rates 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 O- Interlocal Agreement with the Charter Township of Independence for 2025- 2027 Marine Patrol Svs #2025-5108 2. 2025-2027 Marine Agreement - Independence Twp 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 Independence for the 2025-2027 Marine Patrol Services #2025-5108 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 REG40010 Reimb Salaries $859 $564 $616 Total Revenues $859 $564 $616 E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 REG40010 Contingency $859 $564 $616 Total Expenditures$859 $564 $616 Oakland County, Michigan Sheriff's Office - Interlocal Agreement with the Charter Township of Independence for the 2025-2027 Marine Patrol Services #2025-5108 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 INDEPENDENCE This Agreement is made and entered into between the CHARTER TOWNSHIP OF INDEPENDENCE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 6483 Waldon Center Dr., Independence Township, Michigan 48346 (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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE Page 10 02.04.2025 IN WITNESS WHEREOF, Chuck Phyle, 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 INDEPENDENCE, a Michigan Municipal Corporation BY: ________________________________ Chuck Phyle Supervisor BY: ________________________________ Cari Neubeck 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 INDEPENDENCE 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 INDEPENDENCE This Agreement is made and entered into between the CHARTER TOWNSHIP OF INDEPENDENCE, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within Oakland County, whose address is 6483 Waldon Center Dr., Independence Township, Michigan 48346 (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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 INDEPENDENCE 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 11:13 EDT) O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE 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 Regular/Closed Session Meeting Charter Township of Independence Township Board Minutes - DRAFT May 20, 2025 Page 1 of 4 REGULAR / CLOSED SESSION MEETING CHARTER TOWNSHIP OF INDEPENDENCE TOWNSHIP BOARD MINUTES May 20, 2025 A. CALL TO ORDER: Supervisor Phyle called the Board of Trustees regular/closed session meeting to order at 6:00 PM. B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA: C. ROLL CALL: Present: Chuck Phyle II, Supervisor Cari J. Neubeck, Clerk Paul A. Brown, Treasurer David Hayward, Trustee Sam Moraco, Trustee Theresa A. Nallamothu, Trustee Absent: Jim Tedder, Trustee Others Present: Dan Kelly, Township Attorney There was a quorum present. D. APPROVAL OF AGENDA: MOTION #2025-05-085: Motion by Clerk Neubeck seconded by Trustee Hayward to approve the agenda as presented. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. E. BOARD / PUBLIC ANNOUNCEMENTS: Supervisor Phyle announced the resignation of Rick Yeager, Budget Analyst, briefly reflecting on his time of service and offered him well wishes. F. PUBLIC COMMENT: None G. PUBLIC HEARING: None H. PRESENTATIONS AND REPORTS: None 1. Presentation: 2025 First Quarter Township Investment Report (Paul A. Brown, Treasurer) I. CARRYOVER / POSTPONED AGENDA ITEMS: None J. CONSENT AGENDA: Regular/Closed Session Meeting Charter Township of Independence Township Board Minutes - DRAFT May 20, 2025 Page 2 of 4 1. Request to Approve the Board of Trustees Regular Meeting Minutes of May 6, 2025 (Cari J. Neubeck, Clerk) 2. Request to Approve the May 13, 2025 Check Run Including ACH ($297,142.00) Ratify the May 9, 2025 Payroll ($361,139.60) and the February / March 2025 EFT/ACH/Wire Activity ($667,678.47 / $444,268.74) (Cari J. Neubeck, Clerk) 3. Request to Adopt Resolution No. 2025-018 Granting Permission for Removal and Nest/Egg Destruction of Mute Swans on Deer Lake (Cari J. Neubeck, Clerk) 4. Request to Approve 2025 Budget Amendment #13: Clarkston Community Garden (McCord) (Lisa Christensen, PRS Director) 5. Request to Approve 2025 Budget Amendment #14: HAWK Traffic Signal on Waldon Road (Rick Yaeger, Budget and Operations Analyst) 6. Request to Approve Brady Lodge Rental with Alcohol: June 15, 2025 (Lisa Christensen, PRS Director) 7. Request to Approve Brady Lodge Rental with Alcohol: June 29, 2025 (Lisa Christensen, PRS Director) 8. Request to Approve Brady Lodge Rental with Alcohol: July 19, 2025 (Lisa Christensen, PRS Director) MOTION #2025-05-086: Motion by Trustee Nallamothu seconded by Clerk Neubeck to approve the Consent Agenda as presented. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. K. ITEMS REMOVED FROM THE CONSENT AGENDA: None L. REGULAR BUSINESS: 1. Request to Approve Contribution to Public Road Improvement Project / Neighborhood Road Improvement Program (NRIP) (Chuck Phyle, Supervisor) MOTION #2025-05-087: Motion by Trustee Hayward seconded by Trustee Moraco to approve a one-time contribution of $100,000 to the Chestnut Hills Homeowners Association for a Road Improvement Project subject to the terms and conditions of the Township’s Neighborhood Road Improvement Program (NRIP) with payment being made upon project completion in 2025. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. 2. Request to Approve the Assessing Contract between Independence Township and Springfield Township and 2025 Budget Amendment #16 (Chuck Phyle, Supervisor) The Board heard public comments from: Rae LuAllen – 9254 Pinke Knob Rd. MOTION #2025-05-088: Motion by Clerk Neubeck seconded by Trustee Nallamothu to approve Independence Township entering into an agreement to provide assessing services to Springfield Township, and to authorize the Supervisor to execute the contract and approve 2025 Budget Amendment #16 as presented: GENERAL FUND DESCRIPTION INCREASE/(DECREASE) Revenues Expenditures Assessing Department Regular/Closed Session Meeting Charter Township of Independence Township Board Minutes - DRAFT May 20, 2025 Page 3 of 4 VOTE: Yes: 5; No: Moraco; Absent: Tedder. CARRIED 5 to 1. 3. Request to Approve Amendment 1 to Exhibit A of the 2025-2027 Law Enforcement Agreement and Ratify Signatures (Chuck Phyle, Supervisor) MOTION #2025-05-089: Motion by Trustee Nallamothu seconded by Trustee Hayward to approve Amendment one (1) to Exhibit A of the 2025-2027 Law Enforcement Agreement and Ratify the Supervisor and Clerk signatures. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. 4. Request to Approve 2025-2027 Marine Patrol Services Agreement for Deer Lake with Oakland County Sheriff’s Department and Associated 2025 Budget Amendment #15 (Chuck Phyle, Supervisor) MOTION #2025-05-090: Motion by Clerk Neubeck seconded by Trustee Hayward to approve the 2025-2027 Marine Patrol Services Agreement between the Oakland County Sheriff’s Department and the Charter Township of Independence for the purpose of providing marine patrol services per year on Deer Lake, subject to approval by the Oakland County Board of Commissioners and the Oakland County Sheriff: accept payment of $3,375.52 from Deer Lake Property Owner’s Association for year 2025 with subsequent annual payments to be paid to the Treasurer’s Office to continue marine patrol service’s in years 2026 and 2027: direct the Supervisor and Clerk to sign the contract as authorized representatives of the Township and approve 2025 Budget Amendment #15 as presented: POLICE FUND DESCRIPTION INCREASE/(DECREASE) Revenues Expenditures VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. 5. Request to Adopt Resolution No. 2025-019 Modifying the 2025 Schedule of Regular Board of Trustees Meetings for June, July and August (Chuck Phyle, Supervisor) MOTION #2025-05-091: Motion by Trustee Nallamothu seconded by Clerk Neubeck to adopt Resolution No. 2025-019 modifying the 2025 Schedule of Regular Board of Trustees Meetings for June, July and August as presented. ROLL CALL: Yes: Brown, Hayward, Nallamothu, Phyle, Neubeck; No: Moraco; Absent: Tedder. MOTION CARRIED 5 to 1. M. CLOSED SESSION / BUDGET SESSION / STUDY SESSION: 1. Closed Session: Discuss Written Legal Opinion Regarding Pending Litigation Pursuant to MCL 15.268(1)(h) and MCL 15.243(a)(g) and to Discuss Written Legal Opinion Regarding Township Board Authority over Downtown Development Authority Budget Under the Recodified Tax Increment Finance Act (Act 57 of 2018) pursuant to MCL 15.268(h) and MCL 15.243(g) (Chuck Phyle, Supervisor) MOTION #2025-05-092a: Motion by Clerk Neubeck seconded by Trustee Hayward to enter closed session to discuss a written legal opinion regarding pending litigation pursuant to MCL 15.268(1)(h) and MCL 15.243(a)(g) and a written legal opinion regarding Township Board Authority over Downtown Development Authority Budget under the Recodified Tax Increment Finance Act (Act 57 of 2018) pursuant to MCL 15.268(h) and MCL 15.243(g). Regular/Closed Session Meeting Charter Township of Independence Township Board Minutes - DRAFT May 20, 2025 Page 4 of 4 ROLL CALL: Yes: Hayward, Moraco, Nallamothu, Phyle, Neubeck, Brown; No: None; Absent: Tedder. MOTION CARRIED 6 to 0. Entered Closed Session at 6:57 P.M. MOTION #2025-05-092b: Motion by Clerk Neubeck seconded by Trustee Nallamothu to return from Closed Session and resume the Regular meeting at 7:40 P.M. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0. N. COMMUNICATIONS / FUTURE AGENDA ITEMS / REPORTS: 1. Report: Fiscal 2024 Actual to Budget Comments – Period Ending December 31, 2024 2. Report: Fiscal 2025 Actual to Budget Comments – Period Ending April 30, 2025 3. Report: Oakland County Sheriff’s Office – April 2025 4. Minutes: Video Center Administrative Board – February 26, 2025 O. BOARD MEMBER COMMENTS: Trustee Moraco suggested the potential for holding a special meeting to discuss the proposed Woodland Ordinance. Trustee Nallamothu extended Memorial Day wishes to everyone and safe travels. P. ADJOURNMENT: MOTION #2025-05-093: Motion by Trustee Nallamothu seconded by Trustee Moraco to adjourn the meeting at 7:44 P.M. VOTE: Yes: All-6; No: None; Absent: Tedder. CARRIED 6 to 0.