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HomeMy WebLinkAboutMinutes - 2009.07.30 - 7052421 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 30, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:37 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Capello. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Mattie Hatchett. Pledge of Allegiance to the Flag. Moved by Long supported by Coulter the minutes of the July 15, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be approved as printed. AYES: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy Clerk Constance Spak stated there were no written communications. Commissioners John Scott and Steven Schwartz presented a proclamation to Angela Venditti for possessing the talent, character, integrity, intelligence and beauty to win the 2009 Miss Oakland County title and crown. Angela Venditti addressed the Board. Commissioners John Scott and Steven Schwartz presented a proclamation to Haleigh Fairbanks for possessing the talent, character, integrity, intelligence and beauty to win the 2009 Miss Oakland County Outstanding Teen title and crown. Haleigh Fairbanks addressed the Board. Commissioners Minutes Continued. July 30, 2009 422 Christopher Cummins, Oakland County Historical Commission, addressed the Board during Public Comment. Chairperson Bill Bullard, Jr. recognized former County Commissioner Don Jensen and his wife Rose who were in attendance. Commissioner Tim Greimel addressed the Board. Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 457. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09151 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – RECOMMENDATION TO PROVIDE ENGINEERING SERVICES FOR GLEN OAKS BANQUET ROOF PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Parks and Recreation has requested that Facilities Engineering design and manage the roof replacement project at the Glen Oaks Banquet Facility in Farmington Hills; and WHEREAS Facilities Engineering would provide the services with existing staff and avoid the need for Parks and Recreation to utilize an outside firm to design and manage this project; and WHEREAS the estimated cost for Facilities Engineering to design and manage the Glen Oaks Banquet Roof Project is $10,734; and WHEREAS funding for the Facilities Engineering design and manage services for the Glen Oaks Banquet Roof Project is available in the Parks and Recreation Fund (#50800). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $10,734 from the Parks and Recreation Fund (#50800) to the Project Work Order Fund (#40400) to establish the Glen Oaks Banquet Roof Engineering Services Project (#100000001280). BE IT FURTHER RESOLVED that the FY 2009 Budget is amended as follows: PARKS AND RECREATION FUND #50800 5060327-160010-730198 Building Maint Charges ($10,734) 5060327-160010-788100-40400 Transfer Out 10,734 $ -0- PROJECT WORK ORDER FUND #40400 1040101-148020-695500-50800 Transfer In $10,734 1040101-148020-796500 Budgeted Equity Adjustments ( 10,734) $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 457.) *MISCELLANEOUS RESOLUTION #09152 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITIES OF CLAWSON, LATHRUP VILLAGE AND ROYAL OAK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2010 - 2012 County Executive Recommended Budget and therefore, no budget amendment is Commissioners Minutes Continued. July 30, 2009 423 recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2009 through June 30, 2011 with the Cities of Clawson, Lathrup Village and Royal Oak which have been signed by their authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF THE CITY OF CLAWSON (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF CLAWSON (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF CLAWSON, a Michigan Constitutional and Municipal Corporation whose address is 425 North Main Street, Clawson, Michigan 48017 (hereafter, the Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.” INTRODUCTORY STATEMENTS A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County's Equalization Division assistance in performing the “Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services" under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether Commissioners Minutes Continued. July 30, 2009 424 such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (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, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. "Municipality Agent" shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity. 1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, 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 and arising out of any alleged breach of any duty by the County and/or any County Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County’s and/or any County Agent’s participation in this Contract. 1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws. 1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal, and/or the State Department of Treasury. §2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as Commissioners Minutes Continued. July 30, 2009 425 described and limited in the following subsections (hereinafter defined and referred to as either “Equalization Division Assistance Services” or "Services”). 2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED "Equalization Division Assistance Services" or "Services", to be performed by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities: 2.1.1. This Contract is to provide for annual assessment of real and personal property through the 2010 and 2011 tax years as required by laws of the State of Michigan. The County agrees to make assessments of real and personal property within the Municipality pursuant to MCL 211.10d. 2.1.2. The Equalization Division personnel will appraise all new property, process all real and personal property description changes, prepare the assessment roll for real and personal property in the Municipality; attend March, July and December Boards of Review and other such duties as required by the State General Property Tax Laws. The Equalization Division personnel will also be available for consultation on all Michigan Tax Tribunal real and personal property appeals and will assist the assessor in the preparation of both the oral and written defense of appeals, as long as there is a current Contract in effect. However, the County shall not assist or appear on behalf of the Municipality regarding appeals of special assessments to the Michigan Tax Tribunal or any other Court or Tribunal. 2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all “Equalization Division Assistance Services” or “Services” to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the performance of that Municipality's official functions, obligations, and Municipality's legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws. 2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "Equalization Division Assistance Services" or "Services" to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County's "Equalization Division Personnel" as defined herein. 2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. 2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract. 2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent's employment status. 2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable Commissioners Minutes Continued. July 30, 2009 426 County employment and/or union contract, and/or any County rule(s), regulation(s), hours of 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 County and any County Agent or Equalization Division Personnel and/or the conduct and actions of any County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: 2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay any and all Equalization Division Personnel'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 Equalization Division Personnel with the County, subject only to its applicable collective bargaining Contracts. 2.3.4.2. The County'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 County Agent or Equalization Division Personnel, any necessary County Agent or Equalization Division Personnel'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 Equalization Division Personnel performing any County duty or obligation under the terms of this Contract. 2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent. 2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County's Equalization Division Assistance Services duty or obligation under the terms of this Contract. 2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services " or assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Commissioners Minutes Continued. July 30, 2009 427 Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract. 2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body. 2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court. §3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein. §4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel 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 the Municipality under any applicable State Property Tax Laws. 4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law. 4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County. 4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law. 4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law. §5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, Commissioners Minutes Continued. July 30, 2009 428 liability, capacity, immunity, authority or character of office of either Party to any other person or Party. 5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party's County or Municipal Agents. 5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal. §6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County: For the contract years 2009-2010 and 2010-2011, the sum of $13.60 for each year for each real property description and $12.40 for each year for each personal property description rendered during the life of this Contract. Payment for the contract year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year 2010- 2011 is payable on or before July1, 2011. If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions: 6.1.1. One evening meeting as required by law under MCL § 211.29(1). 6.1.2. Dates requiring overtime set by the Municipality Charter. 6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property notices mailed relating to work performed under this Contract. The Municipality agrees to be responsible for all photographic supplies. 6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. 6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. 6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract. 6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the Commissioners Minutes Continued. July 30, 2009 429 County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. §7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract. 7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome. 7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party's efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk and the limitations of liability as specified herein. 7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or any Municipality Agent by any third person, including but not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract. 7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this contract, including, but not limited to, the applicable millage rate. The parties agree that under no circumstances shall the County be held liable to the Municipality or any third party based upon any error in any Commissioners Minutes Continued. July 30, 2009 430 tax statement due to information supplied by the Municipality to the County for such purposes. §8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. 8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality's duties or obligations under any applicable State Property Tax Laws are satisfied. 8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent's employment status or any alleged violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. 8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the municipality agrees to notify the County immediately of approval of any application for abatement or tax exemption. 8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is governed by the Truth in Taxation Act as well as any property which is being considered for an exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed changes prior to approval by the governing body of the municipality. 8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant. 8.7. The Municipality agrees that its agents will perform the following functions: 8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County’s Computer terminals. 8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization Division on a monthly basis. 8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality. 8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of Commissioners Minutes Continued. July 30, 2009 431 property located within the Municipality to the County’s Equalization Division in a timely manner. 8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County’s Equalization Division. 8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks. §9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. §10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality. §11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered judgment or award to a third party for which a court has determined that the County and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and hold the County and/or any County Agent harmless from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County Agent by any Municipality Agent under any circumstances or by any person which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. §12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice. 12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or County obligations under this Contract, except those rights and obligations expressly surviving cancellation as provided for in this Contract, shall end. 12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any and all indemnification and hold harmless promises, waivers of liability, record- keeping requirements, any Municipality payment obligations to the County, and/or any other related obligations provided for in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred before the cancellation or completion of this Contract, shall survive the cancellation or completion of this Contract. §13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City Council of Clawson. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both Commissioners Minutes Continued. July 30, 2009 432 the Oakland County Board of Commissioners and the City Council of Clawson and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Clawson. §14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner. §15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. §16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or nonpossessive shall be deemed to include the other whenever the context so suggests or requires. §17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. §18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. 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. §19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. §20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire agreement between the County and 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 understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the Municipality in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Penny C. Luebs, Mayor of the City of Clawson, hereby acknowledges that she has been authorized by a resolution of the City Council of Clawson, a certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract. Commissioners Minutes Continued. July 30, 2009 433 EXECUTED: __________________________ DATE: __________________ Penny C. Luebs, Mayor, City of Clawson WITNESSED: __________________________ DATE: __________________ G. Machele Kukuk, City Clerk, City of Clawson IN WITNESS WHEREOF, Bill Bullard, Jr., 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 Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTED: _________________________________ DATE: __________________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: _________________________________ DATE: __________________ Ruth Johnson, Clerk/ Register of Deeds County of Oakland CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF LATHRUP VILLAGE (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF LATHRUP VILLAGE (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF LATHRUP VILLAGE, a Michigan Constitutional and Municipal Corporation whose address is 27400 Southfield Road, Lathrup Village, Michigan 48076-3489 (hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.” INTRODUCTORY STATEMENTS A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County's Equalization Division assistance in performing the “Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services" under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, Commissioners Minutes Continued. July 30, 2009 434 commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (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, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. "Municipality Agent" shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity. 1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, 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 and arising out of any alleged breach of any duty by the County and/or any County Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County’s and/or any County Agent’s participation in this Contract. 1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws. 1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal, and/or the State Department of Treasury. Commissioners Minutes Continued. July 30, 2009 435 §2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as described and limited in the following subsections (hereinafter defined and referred to as either “Equalization Division Assistance Services” or "Services”). 2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED "Equalization Division Assistance Services" or "Services", to be performed by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities: 2.1.1. This Contract is to provide for annual assessment of real and personal property through the 2010 and 2011 tax years as required by laws of the State of Michigan. The County agrees to make assessments of real and personal property within the Municipality pursuant to MCL 211.10d. 2.1.2. The Equalization Division personnel will appraise all new property, process all real and personal property description changes, prepare the assessment roll for real and personal property in the Municipality; attend March, July and December Boards of Review and other such duties as required by the State General Property Tax Laws. The Equalization Division personnel will also be available for consultation on all Michigan Tax Tribunal real and personal property appeals and will assist the assessor in the preparation of both the oral and written defense of appeals, as long as there is a current Contract in effect. However, the County shall not assist or appear on behalf of the Municipality regarding appeals of special assessments to the Michigan Tax Tribunal or any other Court or Tribunal. 2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all “Equalization Division Assistance Services” or “Services” to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the performance of that Municipality's official functions, obligations, and Municipality's legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws. 2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "Equalization Division Assistance Services" or "Services" to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County's "Equalization Division Personnel" as defined herein. 2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. 2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract. 2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent's employment status. 2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or Commissioners Minutes Continued. July 30, 2009 436 condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable County employment and/or union contract, and/or any County rule(s), regulation(s), hours of 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 County and any County Agent or Equalization Division Personnel and/or the conduct and actions of any County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: 2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay any and all Equalization Division Personnel'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 Equalization Division Personnel with the County, subject only to its applicable collective bargaining Contracts. 2.3.4.2. The County'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 County Agent or Equalization Division Personnel, any necessary County Agent or Equalization Division Personnel'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 Equalization Division Personnel performing any County duty or obligation under the terms of this Contract. 2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent. 2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County's Equalization Division Assistance Services duty or obligation under the terms of this Contract. 2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services" or assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Commissioners Minutes Continued. July 30, 2009 437 Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract. 2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body. 2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court. §3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein. §4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel 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 the Municipality under any applicable State Property Tax Laws. 4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law. 4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County. 4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law. 4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law. §5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, Commissioners Minutes Continued. July 30, 2009 438 and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or character of office of either Party to any other person or Party. 5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party's County or Municipal Agents. 5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal. §6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County: For the contract years 2009-2010 and 2010-2011 the sum of $14.00 for each year for each real property description and $12.40 for each year for each personal property description rendered during the life of this Contract. Payment for the contract year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year 2010- 2011 is payable on or before July 1, 2011. If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions: 6.1.1. One evening meeting as required by law under MCL § 211.29(1). 6.1.2. Dates requiring overtime set by the Municipality Charter. 6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property notices mailed relating to work performed under this Contract. The Municipality agrees to be responsible for all photographic supplies. 6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. 6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. 6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract. 6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the Commissioners Minutes Continued. July 30, 2009 439 County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. §7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract. 7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome. 7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party's efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk and the limitations of liability as specified herein. 7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or any Municipality Agent by any third person, including but not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract. 7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this contract, including, but not limited to, the applicable millage rate. The parties agree that under no circumstances shall the County be held liable to the Municipality or any third party based upon any error in any Commissioners Minutes Continued. July 30, 2009 440 tax statement due to information supplied by the Municipality to the County for such purposes. §8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. 8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality's duties or obligations under any applicable State Property Tax Laws are satisfied. 8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent's employment status or any alleged violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. 8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the municipality agrees to notify the County immediately of approval of any application for abatement or tax exemption. 8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is governed by the Truth in Taxation Act as well as any property which is being considered for an exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed changes prior to approval by the governing body of the municipality. 8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant. 8.7. The Municipality agrees that its agents will perform the following functions: 8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County’s Computer terminals. 8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization Division on a monthly basis. 8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality. 8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of Commissioners Minutes Continued. July 30, 2009 441 property located within the Municipality to the County’s Equalization Division in a timely manner. 8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County’s Equalization Division. 8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks. §9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. §10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality. §11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered judgment or award to a third party for which a court has determined that the County and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and hold the County and/or any County Agent harmless from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County Agent by any Municipality Agent under any circumstances or by any person which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. §12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice. 12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or County obligations under this Contract, except those rights and obligations expressly surviving cancellation as provided for in this Contract, shall end. 12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any and all indemnification and hold harmless promises, waivers of liability, record- keeping requirements, any Municipality payment obligations to the County, and/or any other related obligations provided for in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred before the cancellation or completion of this Contract, shall survive the cancellation or completion of this Contract. §13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City Council of Lathrup Village. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland County Board of Commissioners and the City Council of Lathrup Village and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Lathrup Village. Commissioners Minutes Continued. July 30, 2009 442 §14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner. §15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. §16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non- possessive shall be deemed to include the other whenever the context so suggests or requires. §17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. §18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. 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. §19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. §20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire agreement between the County and 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 understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the Municipality in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Frank M. Brock, Jr., Mayor of the City of Lathrup Village, hereby acknowledges that he has been authorized by a resolution of the City Council of Lathrup Village, a certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract. EXECUTED: __________________________ DATE: __________________ Frank M. Brock, Jr., Mayor, City of Lathrup Village WITNESSED: __________________________ DATE: __________________ Gloria Harris-Ford, Clerk, City of Lathrup Village IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners Minutes Continued. July 30, 2009 443 Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTED: _________________________________ DATE: __________________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: _________________________________ DATE: __________________ Ruth Johnson, Clerk/ Register of Deeds County of Oakland CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF ROYAL OAK (personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF ROYAL OAK, (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF ROYAL OAK, a Michigan Constitutional and Municipal Corporation whose address is 211 Williams Street, Royal Oak, Michigan 48068-0064 (hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.” INTRODUCTORY STATEMENTS A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County's Equalization Division assistance in performing the “Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services" under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or Commissioners Minutes Continued. July 30, 2009 444 "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (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, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. "Municipality Agent" shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity. 1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, 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 and arising out of any alleged breach of any duty by the County and/or any County Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County’s and/or any County Agent’s participation in this Contract. 1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws. 1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal, and/or the State Department of Treasury. §2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as described and limited in the following subsections (hereinafter defined and referred to as either “Equalization Division Assistance Services” or "Services”). 2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED "Equalization Division Assistance Services" or "Services", to be performed Commissioners Minutes Continued. July 30, 2009 445 by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities: 2.1.1. This Contract is to provide for annual assessment of personal property through the 2010 and 2011 tax years as required by laws of the State of Michigan. The County agrees to make assessments of personal property within the Municipality pursuant to MCL 211.10d. 2.1.2. The Equalization Division personnel will appraise all new personal property, process all personal property description changes, and will audit where necessary to insure and establish accurate appraisals on all taxable personal property. The Equalization Division personnel will review all statements and extensions, make valuation recommendations to the assessor in the absence of a prepared personal property statement and load all values on the computer for the assessment roll. All Board of Review changes will be processed on the personal property section of the assessment roll and balanced to insure there are no omissions. The Equalization Division personnel will be available for consultation on all Michigan Tax Tribunal appeals for personal property and will assist the Assessor in the preparation of both oral and written defense of appeals as long as there is a current Contract in effect. However, the County shall not assist or appear on behalf of the Municipality regarding appeals of special assessments to the Michigan Tax Tribunal or any other Court or Tribunal. 2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all “Equalization Division Assistance Services” or “Services” to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the performance of that Municipality's official functions, obligations, and Municipality's legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws. 2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "Equalization Division Assistance Services" or "Services" to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County's "Equalization Division Personnel" as defined herein. 2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. 2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract. 2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent's employment status. 2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable Commissioners Minutes Continued. July 30, 2009 446 County employment and/or union contract, and/or any County rule(s), regulation(s), hours of 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 County and any County Agent or Equalization Division Personnel and/or the conduct and actions of any County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: 2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay any and all Equalization Division Personnel'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 Equalization Division Personnel with the County, subject only to its applicable collective bargaining Contracts. 2.3.4.2. The County'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 County Agent or Equalization Division Personnel, any necessary County Agent or Equalization Division Personnel'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 Equalization Division Personnel performing any County duty or obligation under the terms of this Contract. 2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent. 2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County's Equalization Division Assistance Services duty or obligation under the terms of this Contract. 2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services" or assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Commissioners Minutes Continued. July 30, 2009 447 Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract. 2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body. 2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court. §3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein. §4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel 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 the Municipality under any applicable State Property Tax Laws. 4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law. 4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County. 4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law. 4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law. §5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, Commissioners Minutes Continued. July 30, 2009 448 liability, capacity, immunity, authority or character of office of either Party to any other person or Party. 5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party's County or Municipal Agents. 5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal. §6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County: For the contract years 2009-2010 and 2010-2011, the sum of $14.00 each year for each personal property description rendered during the life of this Contract. Payment for the contract year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year 2010-2011 is payable on or before July 1, 2011. If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions: 6.1.1. One evening meeting as required by law under MCL § 211.29(1). 6.1.2. Dates requiring overtime set by the Municipality Charter. 6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property notices mailed relating to work performed under this Contract. The Municipality agrees to be responsible for all photographic supplies. 6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. 6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. 6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract. 6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. Commissioners Minutes Continued. July 30, 2009 449 §7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract. 7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome. 7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party's efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk and the limitations of liability as specified herein. 7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or any Municipality Agent by any third person, including but not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract. 7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this contract, including, but not limited to, the applicable millage rate. The parties agree that under no circumstances shall the County be held liable to the Municipality or any third party based upon any error in any tax statement due to information supplied by the Municipality to the County for such purposes. Commissioners Minutes Continued. July 30, 2009 450 §8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. 8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality's duties or obligations under any applicable State Property Tax Laws are satisfied. 8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents' past, present, or future 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 benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent's employment status or any alleged violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. 8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the municipality agrees to notify the County immediately of approval of any application for abatement or tax exemption. 8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is governed by the Truth in Taxation Act as well as any property which is being considered for an exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed changes prior to approval by the governing body of the municipality. 8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant. 8.7. The Municipality agrees that its agents will perform the following functions: 8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County’s Computer terminals. 8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization Division on a monthly basis. 8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality. 8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of property located within the Municipality to the County’s Equalization Division in a timely manner. Commissioners Minutes Continued. July 30, 2009 451 8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County’s Equalization Division. 8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks. §9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. §10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality. §11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered judgment or award to a third party for which a court has determined that the County and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and hold the County and/or any County Agent harmless from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County Agent by any Municipality Agent under any circumstances or by any person which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. §12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice. 12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or County obligations under this Contract, except those rights and obligations expressly surviving cancellation as provided for in this Contract, shall end. 12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any and all indemnification and hold harmless promises, waivers of liability, record- keeping requirements, any Municipality payment obligations to the County, and/or any other related obligations provided for in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred before the cancellation or completion of this Contract, shall survive the cancellation or completion of this Contract. §13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City Commissioners of Royal Oak. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland County Board of Commissioners and the City Commissioners of Royal Oak and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Royal Oak. Commissioners Minutes Continued. July 30, 2009 452 §14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner. §15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. §16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or nonpossessive shall be deemed to include the other whenever the context so suggests or requires. §17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. §18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. 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. §19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. §20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire agreement between the County and 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 understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the Municipality in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Jim Ellison, Mayor of the City of Royal Oak, hereby acknowledges that he has been authorized by a resolution of the City Council of Royal Oak, a certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract. EXECUTED: __________________________ DATE: __________________ Jim Ellison, Mayor, City of Royal Oak WITNESSED: _____________________ DATE: __________________ Melanie Halas, Clerk, City of Royal Oak Commissioners Minutes Continued. July 30, 2009 453 IN WITNESS WHEREOF, Bill Bullard, Jr., 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 Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTED: _________________________________ DATE: __________________ Bill Bullard, Chairperson Oakland County Board of Commissioners WITNESSED: ______________________________ DATE: __________________ Ruth Johnson, Clerk/ Register of Deeds County of Oakland (The vote for this motion appears on page 457.) *REPORT (MISC. #09140) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: TREASURER’S OFFICE – POSITION DELETION TO REDUCE COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #09140 on July 22, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09140 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER’S OFFICE – POSITION DELETION TO REDUCE COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive has assigned new departmental budget tasks and declared a triennial budget plan for Fiscal Year 2010, 2011 and 2012; and WHEREAS the County Treasurer has reviewed the assigned estimated budget task for General Fund/General Purpose funds; and WHEREAS in response to the weakened economy and budget shortfalls facing Oakland County, the Treasurer proposes the deletion of one (1) vacant Summer Business Assistant position (#7010101- 04000); and WHEREAS the savings from the position deletion will be fully applied towards the Treasurer’s FY 2010, 2011 and 2012 budget task; and WHEREAS the duties that were previously assigned to this position will be redistributed to other division employees; and WHEREAS the remaining portion of the department’s budget task is included in the FY 2010, 2011 and 2012 County Executive Recommended Budget; and WHEREAS the total annual personnel costs of this position totals $5,716 (salaries - $5,490; fringe benefits - $226). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) vacant GF/GP Summer Business Assistant position (#7010101-04000). BE IT FURTHER RESOLVED that the following budget amendment be made to recognize the savings from deleting position #7010101-0400: GENERAL FUND (#10100) FY 2009 Expenditures 7010101-186070-702010 Salaries ($5,490) 7010101-186070-722740 Fringes ( 226) 7010101-186040-740023 Budget Transition 5,716 Total $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. July 30, 2009 454 (The vote for this motion appears on page 457.) *MISCELLANEOUS RESOLUTION #09153 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AREA AGENCY ON AGING 1-B – FISCAL YEAR 2010-12 MULTI-YEAR PLAN FOR OLDER ADULT SERVICES AND FY 2010 ANNUAL IMPLEMENTATION PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents since 1974; and WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and developed a plan to provide assistance that addresses identified need; and WHEREAS the proposed plan has been submitted for review by the public and has been subjected to a public hearing; and WHEREAS the comments at the public hearings on the proposed plan were mostly favorable and constructive changes in the plan were made as a result of some comments; and WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B Board of Directors, a county commissioner and a county resident who is at least 60 years of age; and WHEREAS the Michigan Office of Services requires that county boards of commissioners be given the opportunity to review and approve an area agency on aging’s annual implementation plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Area Agency on Aging 1-B Fiscal Year 2010-2012 Multi-Year Plan for Older Adult Services and the FY 2010 Annual Implementation Plan for the purpose of conveying such support to the Area Agency on Aging 1-B and the Michigan Office of Services to the Aging. Chairperson, on behalf of the General Government Committee I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of letter and memo from Tina Abbate Marzolf, Chief Executive Officer of Area Agency on Aging 1-B, FY 2010 Area Plan Grant Budget and FY 2010 Annual Implementation Plan on file in County Clerk’s office. (The vote for this motion appears on page 457.) *MISCELLANEOUS RESOLUTION #09142 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY INTERNATIONAL AIRPORT – REQUEST TO GRANT A SANITARY SEWER EASEMENT TO THE CHARTER TOWNSHIP OF WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in Waterford Township; and WHEREAS the Oakland County International Airport staff has received a request to grant an easement for sanitary sewer along Astro Drive in the extreme northwest corner area of the Oakland County International Airport from the Charter Township of Waterford; and WHEREAS granting the easement would allow the Township to extend its sanitary sewer system to provide service to three hangar lessee properties located along Astro Drive. All construction related costs would be bourn by lessees; and WHEREAS the Oakland County Aviation staff and the Waterford Township Engineering staff have agreed upon a route for the said sanitary sewer; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. Commissioners Minutes Continued. July 30, 2009 455 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached sanitary sewer easement to the Charter Township of Waterford for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for sanitary sewer and all other related documents which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Sanitary Sewer Easement in Gross and Exhibit B – Easement Sketch on file in County Clerk’s office. FISCAL NOTE (MISC. #09142) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY INTERNATIONAL AIRPORT – REQUEST TO GRANT A SANITARY SEWER EASEMENT TO THE CHARTER TOWNSHIP OF WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes and approves the granting of a sanitary sewer easement and related appurtenances to the Charter Township of Waterford for the sum of one ($1) dollar. 2. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 457.) *MISCELLANEOUS RESOLUTION #09154 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT, PROSECUTING ATTORNEY AND 52-3 DISTRICT COURT – 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice - Office of Justice Programs has awarded Oakland County, along with 20 local jurisdictions, grant funding in the amount of $1,991,207 for the period of March 1, 2009 through February 28, 2013; and WHEREAS Oakland County’s share of the $1,991,207 is $285,521; $232,769 for County departments and $52,752 Administrative Fee. The remaining $1,705,686 is distributed among the 20 local jurisdictions based on Federal allocation less a 3% County Administrative Fee. There is no grant match requirement; and WHEREAS Oakland County's projects under this award include equipment acquisition for the Sheriff’s Office, Circuit Court, 52-3 District Court and Prosecuting Attorney, automated telephone reporting system for Community Corrections and specialized training for the Prosecuting Attorney; and WHEREAS under an Intergovernmental Agreement with the City of Birmingham, City of Ferndale, City of Hazel Park, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Pontiac, City of Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City of Wixom, City of Novi, City of Southfield, City of Auburn Hills, City of Farmington Hills, Bloomfield Township, Waterford Charter Township, West Bloomfield Charter Township and White Lake Charter Township authorized by Miscellaneous Resolution #09126, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and Commissioners Minutes Continued. July 30, 2009 456 WHEREAS the continuation of the program is contingent upon future levels of grant program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Agreement in the amount of $1,991,207, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Multi-Departmental: Sheriff’s Office, Community Corrections, Circuit Court, Prosecuting Attorney and 52-3 District Court, letter from James H. Burch, II Acting Director of Bureau of Justice Assistance, Letter from Michael L. Alston, Director of Department of Justice, Bureau of Justice Assistance Grant, Memo from Maria A. Berry, NEPA Coordinator, Department of Justice, Attachment 1 – Project Narrative, and Project Summary, and Attachment 2 – Project Budget on file in County Clerk’s office. FISCAL NOTE (MISC. #09154) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT, PROSECUTING ATTORNEY AND 52-3 DISTRICT COURT – 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice has awarded Oakland County, along with 20 local jurisdictions, grant funding in the amount of $1,991,207 for the period of March 1, 2009 through February 28, 2013. 2. Oakland County’s share of the award is $285,521; Administrative Fee $52,752, Sheriff’s Office $111,427, Community Corrections $40,000, Circuit Court $39,200, Prosecuting Attorney $26,640 and 52-3 District Court $15,502 for the purchase of equipment, automated telephone reporting system and specialized training. 3. There is no grant match required. 4. Pursuant to the Intergovernmental Agreement approved by Miscellaneous Resolution #09126, Oakland County will purchase and transfer ownership of capital equipment estimated at $1,705,686 for the City of Birmingham, City of Ferndale, City of Hazel Park, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Pontiac, City of Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City of Wixom, City of Novi, City of Southfield, City of Auburn Hills, City of Farmington Hills, Bloomfield Township, Waterford Charter Township, West Bloomfield Charter Township and White Lake Charter Township. 5. An amendment to the Fiscal Year 2009 Budget is recommended as follows: GRANT FUND #27374 GRANT #GR0000000451 Revenue 1020601-182050-610313-40020 M&B/Twp Bloomfield – Grants – Federal $ 12,534 1020601-182050-610313-40190 M&B/Twp Waterford – Grants – Federal 86,115 1020601-182050-610313-40200 M&B/Twp W Bloomfield – Grants – Federal 18,558 1020601-182050-610313-40210 M&B/Twp White Lake – Grants – Federal 12,860 1020601-182050-610313-40220 M&B/Auburn Hills – Grants – Federal 40,534 1020601-182050-610313-40240 M&B/Birmingham – Grants – Federal 16,116 1020601-182050-610313-40290 M&B/Farmington Hills – Grants – Federal 74,068 1020601-182050-610313-40300 M&B/Ferndale – Grants – Federal 49,325 1020601-182050-610313-40310 M&B/Hazel Park – Grants – Federal 47,208 1020601-182050-610313-40350 M&B/Lathrup Village – Grants – Federal 9,767 1020601-182050-610313-40360 M&B/Madison Heights – Grants – Federal 40,045 1020601-182050-610313-40380 M&B/Novi – Grants – Federal 23,604 1020601-182050-610313-40390 M&B/Oak Park – Grants – Federal 80,417 1020601-182050-610313-40420 M&B/Pontiac – Grants – Federal 610,290 1020601-182050-610313-40450 M&B/Royal Oak – Grants – Federal 66,743 Commissioners Minutes Continued. July 30, 2009 457 1020601-182050-610313-40460 M&B/Southfield – Grants – Federal 443,759 1020601-182050-610313-40470 M&B/South Lyon – Grants – Federal 10,581 1020601-182050-610313-40490 M&B/Troy – Grants – Federal 39,232 1020601-182050-610313-40500 M&B/Walled Lake – Grants – Federal 10,256 1020601-182050-610313-40510 M&B/Wixom – Grants – Federal 13,674 1020601-182050-610313 M&B – Grants – Federal 52,752 4030901-116240-610313 Sheriff/Lab - Grants – Federal 72,927 4030901-110090-610313 Sheriff/Narcotics - Grants – Federal 38,500 1070401-113020-610313 Community Corrections - Grants-Federal 40,000 3010101-121100-610313 Circuit Court - Grants – Federal 39,200 4010101-122050-610313 Prosecuting Attorney - Grants – Federal 26,640 3020301-121020-610313 52-3 District Court - Grants-Federal 15,502 Total Grant Fund Revenue $1,991,207 GRANT FUND #27374 GRANT #GR0000000451 Expenditures 1020601-182050-750170-40020 M&B/Twp Bloomfield – Other Exp. Equip. $ 12,534 1020601-182050-750170-40190 M&B/Twp Waterford – Other Exp. Equip. 86,115 1020601-182050-750170-40200 M&B/Twp W Bloomfield – Other Exp. Equip. 18,558 1020601-182050-750170-40210 M&B/Twp White Lake – Other Exp. Equip. 12,860 1020601-182050-750170-40220 M&B/Auburn Hills – Other Exp. Equip. 40,534 1020601-182050-750170-40240 M&B/Birmingham – Other Exp. Equip. 16,116 1020601-182050-750170-40290 M&B/Farmington Hills – Other Exp. Equip. 74,068 1020601-182050-750170-40300 M&B/Ferndale – Other Exp. Equip. 49,325 1020601-182050-750170-40310 M&B/Hazel Park – Other Exp. Equip. 47,208 1020601-182050-750170-40350 M&B/Lathrup Village – Other Exp. Equip. 9,767 1020601-182050-750170-40360 M&B/Madison Heights – Other Exp. Equip. 40,045 1020601-182050-750170-40380 M&B/Novi – Other Exp. Equip. 23,604 1020601-182050-750170-40390 M&B/Oak Park – Other Exp. Equip. 80,417 1020601-182050-750170-40420 M&B/Pontiac – Other Exp. Equip. 172,000 1020601-182050-730373-40420 M&B/Pontiac – Contracted Services 438,290 1020601-182050-750170-40450 M&B/Royal Oak – Other Exp. Equip. 66,743 1020601-182050-750170-40460 M&B/Southfield – Other Exp. Equip. 443,759 1020601-182050-750170-40470 M&B/South Lyon – Other Exp. Equip. 10,581 1020601-182050-750170-40490 M&B/Troy – Other Exp. Equip. 39,232 1020601-182050-750170-40500 M&B/Walled Lake – Other Exp. Equip. 10,256 1020601-182050-750170-40510 M&B/Wixom – Other Exp. Equip. 13,674 1020601-182050-702270 M&B – Salaries Reimbursement (Admin Fee) 52,752 4030901-116240-750170 Sheriff/Lab - Other Exp. Equip. 72,927 4030901-110090-750170 Sheriff/Narcotics - Other Exp. Equip. 38,500 1070401-113020-750170 Community Corrections - Other Exp. Equip 40,000 3010101-121100-750170 Circuit Court - Other Exp. Equip 39,200 4010101-122050-750170 Prosecuting Attorney - Other Exp. Equip 5,800 4010101-122050-731941 Prosecuting Attorney - Training 20,840 3020301-121020-750170 52-3 District Court - Other Exp. Equip 15,502 Total Grant Fund Expenditures $1,991,207 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioners Minutes Continued. July 30, 2009 458 Commissioner Middleton stated there were no items to report from the Finance Committee on the Regular Agenda. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – COUNTY EXECUTIVE APPOINTMENT – DIRECTOR OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the appointment by the County Executive of Maureen Krauss as Director of Economic Development and Community Affairs effective July 8, 2009, recommends concurrence of this appointment, pursuant to Public Act 139 of 1973. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of letter from L. Brooks Patterson, Oakland County Executive and resume of Maureen Donohue Krauss on file in County Clerk’s office. Moved by Long supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Middleton the appointment of Maureen Krauss as Director of Economic Development and Community Affairs be confirmed. Vote on appointment: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Maureen Krauss as Director of Economic Development and Community Affairs was confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE APPOINTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on June 1, 2009, hereby recommends that Elise Finch-Sophiea be appointed to the “Mental Health Professional Who Provides Family Counseling” seat on the Friend of the Court Citizens Advisory Committee for a three-year term of July 1, 2009 – June 30, 2012. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application for Appointment to Oakland County Friend of the Court – Citizen Advisory Committee, resume of Elise Finch-Sophiea MA, LLP, LMSW, and letters of recommendation from William Lansat, Honorable Kelley Kostin and Nancy E. Smith, ACSW on file in County Clerk’s office. Moved by Long supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioners Minutes Continued. July 30, 2009 459 Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none. Moved by Long supported by Middleton the appointment of Elise Finch-Sophiea to the Friend of the Court Citizens Advisory Committee for a three-year term ending June 30, 2012, be confirmed. Vote on appointment: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Burns, Coulter. (22) NAYS: None. (0) ABSTAIN: Schwartz. (1) A sufficient majority having voted in favor, the appointment of Elise Finch-Sophiea to the Friend of the Court Citizens Advisory Committee for a three-year term ending June 30, 2012, be confirmed. REPORT (MISC. #09116) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY CONTRACTORS AND VENDORS TO REGISTER AND PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 20, 2009, recommends that the resolution be adopted with the following amendments: MISCELLANEOUS RESOLUTION #09116 BY: Commissioners Jim Runestad, Tim Burns, Bill Bullard, Tim Greimel IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY CONTRACTORS AND VENDORS TO REGISTER AND PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the Pew Hispanic Center, a non-profit, non-partisan research organization, there are approximately 7.2 million undocumented workers in the United States and Michigan has an estimated 150,000 immigrants living within the state illegally; and WHEREAS According to the United States Department of Labor, Michigan has the highest unemployment rate in the nation at 12.6% (Bureau of Labor Statistics Report 4/17/2009), including Oakland County at almost 12% and climbing; and WHEREAS research by the Mackinac Center for Public Policy suggests the true unemployment rate, including those who have been reduced to part-time work, stopped looking for work, or have dropped off the unemployment rolls may be significantly higher than that reported by the U.S. Department of Labor; and WHEREAS the Detroit News (4/2/2009) has reported that Michigan has lost nearly half a million residents to other states over the last 8 years looking for employment; and WHEREAS Michigan and Oakland County are suffering from an economic recession with citizens and legal aliens having difficulty gaining employment within the state; and WHEREAS the Wall Street Journal (7/30/2008) reported more than $11 billion in wages last year earned by unauthorized foreign workers in the United States was sent back to their home countries and therefore was not spent to stimulate the United States economy; and WHEREAS businesses that hire illegal workers undercut honest competitors, contribute to increased unemployment for U.S. citizens and legal aliens, and financially burden local communities with additional health and social services costs; and WHEREAS it is in the best interests for the security and economic well-being of Oakland County residents for the county government to be proactive in upholding federal immigration and employment laws with the companies that it contracts with; and Commissioners Minutes Continued. July 30, 2009 460 WHEREAS according to U.S. Citizenship and Immigration Services (USCIS) the federal E-Verify program is 99.6% accurate, instantaneous, free and its use by government vendors is required by all federal agencies and 15 states effective September 8, 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a county policy that every future services contract (including both new and renewing contracts) between Oakland County and service contractors/vendors and vendors shall require the contractors/vendors and vendors contracting with Oakland County to register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) when hiring their employees. BE IT FURTHER RESOLVED that Oakland County shall not enter into any future service contracts (including both new and renewing contracts) for goods and/or services with any contractors or vendors unless the contractors/vendors and vendors first certify they have registered with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) to verify the work authorization status of all newly hired employees employed by the contractors and vendors. BE IT FURTHER RESOLVED that the County executive shall formulate rules and procedures that include a clause that all contracts must implement the provisions of this resolution. BE IT FURTHER RESOLVED that the County Executive may exempt individuals who are contracted to perform legal, medical, consulting, or other professional services on behalf of Oakland County. BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of Commissioners by October 1, 2009 for approval before implementation. BE IT FURTHER RESOLVED that the administration shall report to the General Government Committee on the anniversary of the implementation of the E-Verify policy for contractors as to its effectiveness, accuracy and burden on contractors and that upon receipt of this report and the review and approval by the General Government Committee that the Oakland County Board of Commissioners’ approval be required for continued effect. BE IT FURTHER RESOLVED that copies of this resolution approving enforcement of the E- Verify program be sent to Michigan’s Congressional delegation, its State Legislative delegation and all its local units of government in support for our nation’s immigration laws. Chairperson, we move the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09116 BY: Commissioners Jim Runestad, Tim Burns, Bill Bullard, Tim Greimel IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY CONTRACTORS AND VENDORS TO REGISTER AND PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the Pew Hispanic Center, a non-profit, non-partisan research organization, there are approximately 7.2 million undocumented workers in the United States and Michigan has an estimated 150,000 immigrants living within the state illegally; and WHEREAS According to the United States Department of Labor, Michigan has the highest unemployment rate in the nation at 12.6% (Bureau of Labor Statistics Report 4/17/2009), including Oakland County at almost 12% and climbing; and WHEREAS research by the Mackinac Center for Public Policy suggests the true unemployment rate, including those who have been reduced to part-time work, stopped looking for work, or have dropped off the unemployment rolls may be significantly higher than that reported by the U.S. Department of Labor; and WHEREAS the Detroit News (4/2/2009) has reported that Michigan has lost nearly half a million residents to other states over the last 8 years looking for employment; and WHEREAS Michigan and Oakland County are suffering from an economic recession with citizens and legal aliens having difficulty gaining employment within the state; and Commissioners Minutes Continued. July 30, 2009 461 WHEREAS the Wall Street Journal (7/30/2008) reported more than $11 billion in wages last year earned by unauthorized foreign workers in the United States was sent back to their home countries and therefore was not spent to stimulate the United States economy; and WHEREAS businesses that hire illegal workers undercut honest competitors, contribute to increased unemployment for U.S. citizens and legal aliens, and financially burden local communities with additional health and social services costs; and WHEREAS it is in the best interests for the security and economic well-being of Oakland County residents for the county government to be proactive in upholding federal immigration and employment laws with the companies that it contracts with; and WHEREAS according to U.S. Citizenship and Immigration Services (USCIS) the federal E-Verify program is 99.6% accurate, instantaneous, free and its use by government vendors is required by all federal agencies and 15 states. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a county policy that every future contract (including both new and renewing contracts) between Oakland County and contractors and vendors shall require the contractors and vendors contracting with Oakland County to register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) when hiring their employees. BE IT FURTHER RESOLVED that Oakland County shall not enter into any future contracts (including both new and renewing contracts) for goods and/or services with any contractors or vendors unless the contractors and vendors have registered with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) to verify the work authorization status of all newly hired employees employed by the contractors and vendors. BE IT FURTHER RESOLVED that the County executive shall formulate rules and procedures that include a clause that all contracts must implement the provisions of this resolution. BE IT FURTHER RESOLVED that the County Executive may exempt individuals who are contracted to perform legal, medical, consulting, or other professional services on behalf of Oakland County. BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of Commissioners by October 1, 2009 for approval. Chairperson, we move the foregoing resolution. JIM RUNESTAD, BILL BULLARD, BRADFORD JACOBSEN, TOM MIDDLETON Moved by Runestad supported by Burns the resolution be adopted. Moved by Runestad supported by Burns the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Runestad supported by Burns the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coulter, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Commissioners Minutes Continued. July 30, 2009 462 Commissioner Sue Ann Douglas stated that there were no items to report from the Human Resources Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #09155 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION REGARDING RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the American Recovery and Reinvestment Act of 2009 (“ARRA”) was passed by Congress on February 13, 2009, and was signed by the President on February 17, 2009; and WHEREAS the ARRA provides Counties and large municipalities (an “Issuer” or the “Issuers”) with a new economic development tool which will permit the Issuers, including the County of Oakland (the “County”) and its economic development corporation, to issue taxable bonds to promote economic development within the County and receive reimbursement from the U.S. Treasury Department of 45% of each interest payment on the bonds called “Recovery Zone Economic Development Bonds” (“RZEDBs”); and WHEREAS RZEDBs may be issued to finance both depreciable property and working capital, but only if the property is located in a “Recovery Zone” designated by the Issuer and is purchased or constructed after such designation; and WHEREAS under the ARRA, a “Recovery Zone” is an area designated by the Issuer as having significant poverty, unemployment, home foreclosures or general distress; and WHEREAS the dramatic economic meltdown of the economy across the United States, and in the State of Michigan in particular, and the ensuing adverse effects on manufacturing and other businesses in the State and the County, including the bankruptcies of Chrysler Corporation and General Motors Corporation, both of which have substantial presence in the County, have directly caused employment in the County to decline, layoffs to increase dramatically and home foreclosures to rise to all-time highs, all directly resulting in unemployment and economic and general distress throughout the County; and WHEREAS the breadth of the distress suffered by the County, as represented by the loss of jobs, home foreclosures and rapidly declining property values, supports a finding by the Board of Commissioners that the entire County qualifies as a “Recovery Zone” as contemplated by ARRA; and WHEREAS to remain in the forefront of economic development in the State, and on the basis of the Board’s finding that the conditions precedent for qualifying as a “Recovery Zone” exist throughout the County, the Board of Commissioners deems it in the best interests of the County to designate the entire County a “Recovery Zone” within the meaning of ARRA; and WHEREAS the Board’s formal designation of the County as a “Recovery Zone”, as required under the ARRA, will hereafter permit the issuance by the County or its economic development corporation of RZEDBs in the aggregate amount of $103.887 million through 2010. NOW THEREFORE BE IT RESOLVED that: 1. The Board of Commissioners finds that the conditions set forth in the ARRA for qualification of a geographic area as a “Recovery Zone”, viz., poverty, unemployment, home foreclosures and general distress, exist throughout the County of Oakland. 2. The Board of Commissioners hereby designates the County of Oakland, State of Michigan, as a “Recovery Zone” within the meaning of the ARRA, effective immediately. 3. The County Executive and/or his designees are hereby authorized on behalf of the Board of Commissioners to take such action as may be necessary or appropriate to fulfill the purposes of this resolution, including but not limited to notification of the State of Michigan and the United States Government that the County Board of Commissioners has designated the County as a “Recovery Zone” under ARRA, and to establish procedures and conditions for the issuance by the County or the County Economic Development Corporation of RZEDBs, and to take such other action as may be necessary or desirable to satisfy any additional conditions or qualifications now existing or hereafter established under ARRA relating to Recovery Zone Economic Development Bonds and the allocation of bond limitation therefor. 4. The provisions of this resolution shall take precedence over all or any portion of any resolution heretofore adopted by this Board of Commissioners in conflict herewith. Commissioners Minutes Continued. July 30, 2009 463 Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09156 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – RESOLUTION APPROVING A SECOND AMENDMENT TO THE PROVISIONS OF A BROWNFIELD CLEANUP REVOLVING LOAN FOR THE FORMER SANICEM LANDFILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland Brownfield Initiative (OBI) was established in 2000 upon designation by the US EPA of Oakland County as a Brownfield Demonstration Pilot Community, and was further assisted by a US EPA Brownfield Revolving Loan Fund Cleanup Grant (BRLFC) in September of 2002, to facilitate the redevelopment of contaminated and underutilized properties to provide new taxes, jobs, and protect the health and environment of Oakland County and its residents; and WHEREAS the former Sanicem landfill site in Orion Township has been a long-standing environmental hazard, a “facility” under state statute, and a tax-reverted, non-producing parcel for many years; and WHEREAS Brownfield clean up and redevelopment plans have been prepared to restore the environmental and economic viability of this parcel within Orion Township and the City of Auburn Hills; and WHEREAS the Brown Road Group, LLC has assumed environmentally related development costs estimated at over $10 million and actively begun environmental response, removal and brownfield redevelopment of the former Sanicem site pursuant to agreements and under law and regulation of the US EPA and the Michigan DEQ; and WHEREAS OBI, in consultation with US EPA and Corporation Counsel, and the Brown Road Group, LLC have developed a Brownfield Clean Up Loan agreement (attached) which satisfies BCRLF grant requirements, CERCLA/NCP clean up standards, and oversight and repayment terms and conditions of the parties, to facilitate the partial funding of methane and leachate control systems during the construction phase of redevelopment; and WHEREAS it is necessary to amend Resolution No. 04166 in order to provide an amendment to the loan. The amendment will extend the term of the credit facility agreed by both Oakland County and the Brown Road Group LLC, upon certain terms and conditions, listed here: 1. Article I, Section 1.02 second sentence of the Note hereto shall be amended to read “the promissory note shall mature on the seventh (7th) anniversary of the date of execution of the Promissory Note.” 2. Lender acknowledges and confirms that the parties agree that Borrower shall pay the sum of $35,000.00 to be applied to principal reduction on or before June 30, 2009, and the additional sum of $35,000.00 to be applied to principal reduction on or before November 30, 2009. The loan, including all unpaid principal and the interest that accrues thereon, shall be paid in full not later than December 1, 2011. All terms in any of the documents executed in connection with the Loan, which are inconsistent with the foregoing, are hereby modified to be consistent herewith. Lender further acknowledges and agrees that the Mortgage is hereby released and/or deemed void and of no further force or effect. 3. Lender and borrower acknowledge and confirm that the Initial Term as set forth in the Promissory Note executed December 7, 2004, shall end on November 30, 2009, and that if the balance of note is not paid in full by November 30, 2009, the interest rate shall adjust to 2% above prime, and principal and interest shall be due and payable monthly based on a two-year amortization, and that the Lender shall be entitled to assess a $25,000 administration fee for each year the loan is outstanding beyond November 30, 2009. 4. Lender acknowledges and confirms that the interest rate remains as set forth in the first paragraph of the Note and that no default penalties or interest has accrued or been made applicable to the date of execution hereof. Commissioners Minutes Continued. July 30, 2009 464 5. Except as amended hereby, in all other respects, the Loan Documents remain in full force and effect. WHEREAS the provision of such funding will greatly advance the overall mission of OBI, the specific requirements of the BCRLF grant, and contribute to the timely success of this important clean up and redevelopment project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the making of a Brownfield Clean Up Loan to the Brown Road Group, LLC, and authorizes the Chairman of the Board to execute the attached agreement, promissory note, and other documents as required to complete the loan. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Second Amendment of Loan Documents, First Amendment of Loan Documents, and Brownfields Cleanup Revolving Loan Fund Loan Agreement between Brown Road Group, LLC and Oakland County on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09157 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF WOLVERINE LAKE SEPTEMBER 1, 2009 TO MARCH 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with several Cities and Townships for police and fire dispatch services; and WHEREAS the City of Wolverine Lake has requested Police Dispatch services from the Oakland County Sheriff; and WHEREAS the City of Wolverine Lake has agreed to the attached contract which incorporates the current police dispatch rates as established by the Oakland County Board of Commissioners; and WHEREAS Corporation Counsel has reviewed the attached contract and is in agreement. NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in each of the following Agreements: OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE DISPATCH SERVICES AGREEMENT WITH THE CITY OF WOLVERINE LAKE BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE DISPATCH SERVICES AGREEMENT from The City of Wolverine Lake accompanied by a certified copy of the resolution of their respective governing body accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of the community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that after all signatures have been obtained on the Agreement, as provided for above, the Oakland County Clerk shall file a copy of the final, executed 2009-2012 POLICE DISPATCH SERVICE AGREEMENT WITH THE CITY OF WOLVERINE LAKE with the Secretary of State. Commissioners Minutes Continued. July 30, 2009 465 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Police Dispatch Fees and Police Dispatch Service Agreement between the County of Oakland and the Village of Wolverine Lake on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09158 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – POLICE AND FIRE DISPATCH SERVICE FOR THE CITY OF WALLED LAKE SEPTEMBER 1, 2009 TO MARCH 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with several Cities and Townships for police and fire dispatch services; and WHEREAS the City of Walled Lake has requested Police and Fire Dispatch services from the Oakland County Sheriff; and WHEREAS the City of Walled Lake has agreed to the attached contract which incorporates the current police and fire dispatch rates as established by the Oakland County Board of Commissioners; and WHEREAS Corporation Counsel has reviewed the attached contract and is in agreement. NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in each of the following Agreements: OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE AND FIRE DISPATCH SERVICES AGREEMENT WITH THE CITY OF WALLED LAKE BE IT FURTHER RESOLVED that upon receipt of a final, executed OAKLAND COUNTY SHERIFF'S OFFICE 2009-2012 POLICE AND FIRE DISPATCH SERVICES AGREEMENT from The City of Walled Lake accompanied by a certified copy of the resolution of their respective governing body accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of the community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that after all signatures have been obtained on the Agreement, as provided for above, the Oakland County Clerk shall file a copy of the final, executed 2009-2012 POLICE AND FIRE DISPATCH SERVICE AGREEMENT WITH THE CITY OF WALLED LAKE with the Secretary of State. BE IT FURTHER RESOLVED based upon the attached schedule A that two (2) new additional Dispatch Specialists be created in the Sheriff, SEPTC, Communications Unit. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A 2009 Sheriff’s Office Dispatch Specialist, Walled Lake Dispatch Prices and Police and Fire Dispatch Service(s) Agreement between the County of Oakland and the City of Walled Lake on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. Commissioners Minutes Continued. July 30, 2009 466 MISCELLANEOUS RESOLUTION #09159 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/VETERANS’ SERVICES DIVISION DELETION OF ONE VETERANS’ BENEFITS COUNSELOR III POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Veterans’ Services division provides assistance and local advocacy to Oakland County Veterans and/or their dependents in obtaining federal, state and local benefits; and WHEREAS to assist in meeting the County Executive’s budget task reduction, the Veterans’ Services division has reviewed its operations and organizational structure and has reduced staff and closed one office in the past year; and WHEREAS the Veterans’ Services division proposes to delete one (1) GF/GP Veterans’ Benefits Counselor III position, effective 10/1/2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the deletion of one (1) full-time eligible position, effective 10/1/09 within the Veterans’ Service division as detailed below: Position Title Funding Department-Position Number Veterans’ Benefits Counselor III GF/GP 170301-03302 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09160 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: BOARD OF COMMISSIONERS - CONTRACT EXTENSION WITH HAVEN, INC. TO PROVIDE SERVICES TO VICTIMS OF SEXUAL ASSAULT THROUGH THE SAFE THERAPEUTIC ASSAULT RESPONSE TEAM (START) 2009 - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolutions #05169 and #06166 authorized the award and extension of a Professional Services Contract to HAVEN, Inc. for the purpose of establishing an effective law enforcement tool for the successful prosecution of those committing sexual attacks; and WHEREAS HAVEN provides an investigative resource relating to criminal sexual attacks and provides victims of sexual assault or rape with examinations, counseling services and courtroom support through the Safe Therapeutic Assault Response Team (START) program; and WHEREAS the START program provides Forensic Examiners who are specially trained registered nurses and physicians assistants who perform medical forensic examinations of victims of sexual assault, collect evidence from victims and suspects, counsel victims, and testify in court; and WHEREAS evidence of sexual assault collected by specially trained nurse examiners provide more effective evidence compared to evidence collected by non-trained emergency room personnel; and WHEREAS the contract with HAVEN expires September 30, 2009; and WHEREAS the Oakland County Board of Commissioners wishes to continue the services provided by HAVEN to victims of sexual assault and to Oakland County law enforcement agencies and courts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a three-year extension of the Professional Services Contract with HAVEN, Inc. to provide victims of sexual assault or rape that have occurred in Oakland County with examinations, counseling services and courtroom support through the START program. BE IT FURTHER RESOLVED that the contract amount shall be for an amount not to exceed $30,000 per year and that the contract extension shall terminate on September 30, 2012, unless otherwise agreed to by the parties. BE IT FURTHER RESOLVED that the reporting requirements in the Professional Services contract are continued through the life of the contract extension. Commissioners Minutes Continued. July 30, 2009 467 BE IT FURTHER RESOLVED that the Chairman of the Oakland County Board of Commissioners is authorized to execute the three-year contract extension on behalf of the Board of Commissioners. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Chairperson Bill Bullard, Jr. turned the meeting over to Vice Chairperson Michael Gingell so he could introduce a resolution. MISCELLANEOUS RESOLUTION #09161 BY: Commissioners Bill Bullard Jr., Michael Gingell, David Coulter, Tim Greimel, Shelley Taub, Steven Schwartz, Thomas Middleton, Bradford Jacobsen, Jim Runestad, Sue Ann Douglas, Jeff Potter, Kim Capello, Robert Gosselin, Eric Coleman, Tim Burns IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES To the Oakland County Board o Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the effects of Michigan’s recession continues to negatively impact the economy and lives of all of our citizens; and WHEREAS the economic downturn has had a devastating effect on home and property values resulting in a reduced tax base which the county relies on for a significant portion of it’s General Fund operating revenue; and WHEREAS the anticipated State Taxable Value (STV) for FY 2010 is 13% less than the prior year, and FY 2011 is expected to be an additional 12% less and, FY 2012 expected to be further 5% reduction; and WHEREAS the County Executive’s Recommended Budget for 2010, 2011, and 2012 incorporates substantial expenditure reductions for those years in order to maintain a balanced budget; and WHEREAS among those recommendations are a 2.5% across the board reduction in pay for all employees for FY 2010, and an additional 2.5% pay reduction in FY 2011; and WHEREAS by law elected official’s compensation cannot be reduced during their term of office; and WHEREAS the Board of Commissioners voted to forgo 1% pay increases and freeze their salaries in FY 2009 and FY 2010; and WHEREAS the County Executive has indicated he will voluntarily reduce his pay by 2.5% in 2010, and 2.5% in 2011. NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners adopts a 2010, 2011, 2012 budget that includes the across the board pay reductions for all county employees, that all County Commissioners are strongly urged to voluntarily return to Oakland County the same percentage cut in net pay imposed on county employees, starting October 1, 2009 as well any additional cut in net pay beginning October 1, 2010. Chairperson, we move the foregoing resolution. BILL BULLARD, MICHAEL GINGELL, DAVID COULTER, THOMAS MIDDLETON, SHELLEY TAUB, STEVEN SCHWARTZ, TIM GREIMEL, BRADFORD JACOBSEN, JIM RUNESTAD, SUE ANN DOUGLAS, JEFF POTTER, MARCIA GERSHENSON, ROBERT GOSSELIN, ERIC COLEMAN, DAVID POTTS, JOHN SCOTT, CHRISTINE LONG, HELAINE ZACK, DAVID WOODWARD, JIM NASH, GARY McGILLIVRAY, MATTIE HATCHETT, JANET JACKSON, KIM CAPELLO, TIM BURNS The Chairperson referred the resolution to the Human Resources Committee. There were no objections. Vice Chairperson Michael Gingell returned the meeting to Chairperson Bill Bullard, Jr. Commissioners Minutes Continued. July 30, 2009 468 The Board adjourned at 10:24 a.m. to the call of the Chair or August 12, 2009, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson