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HomeMy WebLinkAboutMinutes - 2009.08.12 - 7054470 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 12, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 7:30 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Capello, Long. (2) Quorum present. Invocation given by Janet Jackson. Pledge of Allegiance to the Flag. Moved by Potts supported by Runestad the minutes of the July 30, 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 amended as follows: Move Human Resources Committee, Item A from the Consent Agenda to the Regular Agenda. Move Planning and Building Committee, Items A, F, and G from the Consent Agenda to the Regular Agenda. Move Public Services Committee, Item C from the Consent Agenda to the Regular Agenda. Vote on agenda, as amended: AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. The following people addressed the Board: Women’s Commissioner S. Baldwin, Ryan J. Gesund, Karl S. Striebel, Susan Light, and Alice Benbow. Commissioners Minutes Continued. August 12, 2009 471 Moved by Middleton supported by Schwartz the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 516. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09162 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 TOWNSHIP OF NOVI AND THE CITY OF ROCHESTER 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 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 Township of Novi and the City of Rochester 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 TOWNSHIP OF NOVI (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF NOVI (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 TOWNSHIP OF NOVI, a Michigan Constitutional and Municipal Corporation whose address is 44020 Cottisford Road, Northville, Michigan 48167 (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. Commissioners Minutes Continued. August 12, 2009 472 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, 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 Commissioners Minutes Continued. August 12, 2009 473 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 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 Commissioners Minutes Continued. August 12, 2009 474 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 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 Commissioners Minutes Continued. August 12, 2009 475 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 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 Commissioners Minutes Continued. August 12, 2009 476 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, 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 $14.40 for each year for each real property description and $14.40 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 Commissioners Minutes Continued. August 12, 2009 477 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. §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 Commissioners Minutes Continued. August 12, 2009 478 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. §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 Commissioners Minutes Continued. August 12, 2009 479 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. 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 Commissioners Minutes Continued. August 12, 2009 480 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 Board of Trustees of the Township of Novi. 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 Board of Trustees of the Township of Novi and shall also be filed with the office of the Clerk of the County and the Clerk for the Township of Novi. §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 Commissioners Minutes Continued. August 12, 2009 481 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, John Juntunen, Supervisor of the Township of Novi, hereby acknowledges that he has been authorized by a resolution of the Board of Trustees of the Township of Novi, 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: __________________ John Juntunen, Supervisor Township of Novi WITNESSED: __________________________ DATE: __________________ Derwood Haines, Clerk Township of Novi 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 ROCHESTER (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF ROCHESTER (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 ROCHESTER, a Michigan Constitutional and Municipal Corporation whose address is 400 Sixth Street, Rochester, Michigan 48307 (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 Commissioners Minutes Continued. August 12, 2009 482 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 "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 Commissioners Minutes Continued. August 12, 2009 483 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 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. 2.1.3. The County agrees to have an Appraiser (i.e. Equalization Division personnel) physically present in the Municipality offices one (1) day per month. The working hours for Equalization Division personnel will be 8:30 a.m. to 5:00 p.m. on the second Tuesday of each month. The scheduled date may vary if it is mutually agreeable to both Parties. 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 Commissioners Minutes Continued. August 12, 2009 484 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 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 Commissioners Minutes Continued. August 12, 2009 485 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 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 Commissioners Minutes Continued. August 12, 2009 486 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, 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. Commissioners Minutes Continued. August 12, 2009 487 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. For payment for services provided by the County in section 2.1.3, the Municipality agrees to pay a fee of $4,995.00 for the year. Any additional days scheduled by mutual agreement of both Parties under section 2.1.3 will be billed at the rate of $300.00 per day. 6.4. 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. 6.5. 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. 6.6. 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. 6.7. 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. §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 Commissioners Minutes Continued. August 12, 2009 488 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. §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 Commissioners Minutes Continued. August 12, 2009 489 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. 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 Commissioners Minutes Continued. August 12, 2009 490 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 Rochester. 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 Rochester and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Rochester. §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. Commissioners Minutes Continued. August 12, 2009 491 §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, Jeffrey Cuthbertson, Mayor of the City of Rochester, hereby acknowledges that he has been authorized by a resolution of the City Council of Rochester, 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: __________________ Jeffrey Cuthbertson, Mayor City of Rochester WITNESSED: __________________________ DATE: __________________ Lee Ann O'Connor, City Clerk City of Rochester 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 (The vote for this motion appears on page 516.) *MISCELLANEOUS RESOLUTION #09163 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2009 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and Commissioners Minutes Continued. August 12, 2009 492 WHEREAS the Department of Information Technology has determined the Third Quarter 2009 development charges to be $1,287,253.41 and the imaging development charge to be $30,413.89 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $423,742.29, non- governmental imaging development are $21,407.40, and non-county agencies are $3,943.30 for the Third Quarter 2009; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Third Quarter 2009 Development Report and approves the Third Quarter appropriation transfer as specified on the attached schedule. BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2009 budgets are to be amended as specified in the attached detail schedule FINANCE COMMITTEE Copy of information Technology Development Summary 3rd Quarter 2009 on file in County Clerk’s office. (The vote for this motion appears on page 516.) *MISCELLANEOUS RESOLUTION #09164 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HOMELAND SECURITY - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2009 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $37,821 for the period of October 1, 2008, through September 30, 2009; and WHEREAS Emergency Management was notified of available grant funding via letter dated June 2, 2009, as attached; and WHEREAS this is the 37th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $37,821 for Fiscal Year 2009. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Communication from Gaia Piir, Fiscal Services, regarding Grant Sign Off: Homeland Security Division – FY 2009 Emergency Management Performance Grant (EMPG) – Grant Acceptance and State of Michigan Emergency Management Performance Grant (EMPG) Agreement for FY 2009 on file in County Clerk’s office. Commissioners Minutes Continued. August 12, 2009 493 FISCAL NOTE (MISC. #09164) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2009 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 resolutions and finds: 1. Oakland County has been awarded grant funding by the State of Michigan in the amount of $37,821 for the period of October 1, 2008 through September 30, 2009, for the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the State and local governments. 2. This is the 37th year of grant acceptance for this program. The FY 2009 total EMPG award funds a portion of salary and fringe benefits of the Homeland Security Manager’s salary and fringe benefits, (position #09864). 3. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioner’s Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 4. No County General Fund/General Purpose dollars are required for match. 5. Revenue from this agreement has been included in the Fiscal Year 2009 Adopted Budget as General-Purpose revenue and no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 516.) *MISCELLANEOUS RESOLUTION #09165 BY: General Government Committee, Christine A. Long, Chairperson IN RE: ROAD COMMISSION FOR OAKLAND COUNTY – CONFIRMATION OF CONTRACT FOR AUDIT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the requirements of Section 27 of C IV, 1909 PA 283 (MCL 224.27), the Road Commission for Oakland County, pursuant to a qualification-based, competitive process through issuance of a Request for Proposal (RFP) has selected Plante & Moran, P.L.L.C., certified public accountants, to perform annual audits; and WHEREAS the Road Commission for Oakland County and Plante & Moran, P.L.L.C., have negotiated an agreement for audit services; and WHEREAS the above referred statute provides that a contract with a Certified Public Accountant shall be confirmed by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby confirms the Road Commission for Oakland County’s selection of, and contract with Plante & Moran, P.L.L.C. for audit services. BE IT FURTHER RESOLVED that such audit shall be a public record and copies shall be sent to the Oakland County Board of Commissioners, the Oakland County Treasurer and the State Treasurer pursuant to MCL 224.27, Public Act 283 of 1909. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Resolution Adopted by the Board of Road Commissioners, for the County of Oakland, Michigan Under the Date of June 11, 2009, Audit of RCOC Records Fiscal Years Ending 09/30/09 Through 09/30/2013, Exhibit A – Liability and Insurance Requirements, Appendix A – Prohibition of Discrimination in State Contracts, Appendix B, and Appendix C – General Requirements for Recipients on file in County Clerk’s office. (The vote for this motion appears on page 516.) Commissioners Minutes Continued. August 12, 2009 494 *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. 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. Commissioners Minutes Continued. August 12, 2009 495 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. FISCAL NOTE (MISC. #09156) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners by Miscellaneous Resolution #02285 accepted a Brownfield Cleanup Revolving Loan Fund (BCRLF) grant from the U.S. Environmental Protection Agency in the amount of $1,000,000 designated for loan capitalization, project oversight and administration. 2. Miscellaneous Resolution #03337 approved a Brownfield Cleanup Loan to the Brown Road Group, LLC in the amount of $700,000 to facilitate partial funding of a methane control system during the construction phase of the redevelopment of the former Sanicem Landfill. 3. The Loan Agreement was amended by Miscellaneous Resolution #08030 which extended the term of the credit facility by one (1) year to November 30, 2008. 4. The current resolution extends the term of the credit facility agreed by both Oakland County and the Brown Road Group, LLC as follows: (a) The Promissory Note shall mature on the seventh anniversary of the date of execution; (b) Borrower shall pay $35,000 by June 30, 2009 and $35,000 by November 30, 2009 to be applied to principal reduction; (c) The loan, including all unpaid principal and accrued interest, shall be paid in full not later than December 1, 2011; (d) Initial Term of the Promissory Note shall end November 30, 2009 and if the balance of the note is not paid in full by that date, the interest rate shall adjust to 2% above prime, principal and interest shall be due and payable monthly, and the County shall be entitled to assess a $25,000 administration fee for each year the loan is outstanding. 5. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 516.) *MISCELLANEOUS RESOLUTION #09166 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2009 GRANT PROGRAM ACCEPTANCE – REHABILITATION OF THE APRON, INCLUDING NEW BEACON AND WINDCONE AT OAKLAND/SOUTHWEST AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2009-0634, Federal Project No. B-26-0152-1007, for Federal funds in the amount of $340,000, and State funds in the amount of $74,375, for the development and improvement of Oakland/Southwest Airport; and Commissioners Minutes Continued. August 12, 2009 496 WHEREAS the project consists of the rehabilitation of the apron, including a new beacon and windcone at Oakland/Southwest Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $10,625, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $425,000, which includes a local grant match of $10,625, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Exhibit 1 – Oakland/Southwest Airport New Hudson, Michigan, Attachment 1 – Supplemental Provisions for Federal/State/Local Contracts Involving Construction Work at all Classifications of Airports, Appendix A – Prohibition of Discrimination in State Contracts, Appendix B – Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Appendix C, Appendix F – Special Conditions, Appendix G – Prime Consultant Statement of DBE Subconsultant Payments and Instructions on file in County Clerk’s office. FISCAL NOTE (MISC. #09166) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2009 GRANT PROGRAM ACCEPTANCE – REHABILITATION OF THE APRON, INCLUDING NEW BEACON AND WINDCONE AT OAKLAND/SOUTHWEST 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. Oakland County has received Michigan Department of Transportation Grant Contract No. 2009- 0634, Federal Project No. C-26-0152-1007, for Federal funds in the amount of $340,000, State funds in the amount of $74,375 and a required local grant match of $10,625 for the development and improvement of Oakland/Southwest Airport. 2. The project consists of the rehabilitation of the apron, including a new beacon and windcone at Oakland/Southwest Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $425,000 with $340,000 of the cost from Federal funds, $74,375 of the cost from State funds and $10,625 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport fund. FINANCE COMMITTEE (The vote for this motion appears on page 516.) Commissioners Minutes Continued. August 12, 2009 497 *MISCELLANEOUS RESOLUTION #09167 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (MICHIGAN MOTION PICTURE STUDIOS, LLC PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Michigan Motion Picture Studios, LLC Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Area as designated by the EDC. BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Michigan Motion Picture Studios, LLC City of Pontiac EDC No. 09-01 on file in County Clerk’s office. (The vote for this motion appears on page 516.) *MISCELLANEOUS RESOLUTION #09168 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (MICHIGAN MOTION PICTURE STUDIOS, LLC PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Michigan Motion Picture Studios, LLC Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appointments of Sandy McDonald and Khalfani Stephens, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Commissioners Minutes Continued. August 12, 2009 498 Economic Development Corporation of the County of Oakland. They are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefore. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Additional Directors to the EDC by the County Executive for the Michigan Motion Picture Studios, LLC on file in County Clerk’s office. (The vote for this motion appears on page 516.) *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. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Police Dispatch Fees on file in County Clerk’s office. Commissioners Minutes Continued. August 12, 2009 499 POLICE DISPATCH SERVICE AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE VILLAGE OF WOLVERINE LAKE This Agreement 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 Village of Wolverine Lake, a Michigan Constitutional and Municipal Corporation, located within Oakland County, whose address is 425 Glengary Road, Wolverine Lake, Michigan, 48390 (hereafter the "VILLAGE"). In this Agreement, the COUNTY shall also be represented by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and the SHERIFF are intended to be referred to jointly, they shall collectively be referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.O." WITNESSETH WHEREAS, the VILLAGE is authorized by law to provide police protection for residents of the VILLAGE; and WHEREAS, in order to provide effective police protection for its residents, the VILLAGE also must provide for VILLAGE Police and communication and dispatch functions; and WHEREAS, the OAKLAND COUNTY SHERIFF'S OFFICE (O.C.S.O.) now provides police communication and dispatch functions and has the capability to provide police dispatch services but, absent this Agreement, is not obligated to provide any "POLICE DISPATCH SERVICE(S)", as defined in this Agreement, for the VILLAGE; and WHEREAS, the COUNTY and the VILLAGE may enter into a contract by which the O.C.S.O. would provide POLICE DISPATCH SERVICE(S) for the VILLAGE; and WHEREAS, the VILLAGE has concluded that it is more cost effective for the VILLAGE to contract for POLICE DISPATCH SERVICE(S) with the O.C.S.O. than to equip and staff its own police communication and dispatch center; and WHEREAS, the O.C.S.O. agrees to provide POLICE DISPATCH SERVICE(S) for the "VILLAGE POLICE", as defined in this Agreement, under the following terms and conditions; NOW, THEREFORE, in consideration of these premises, and the following promises, representations, and acknowledgments, it is mutually agreed as follows: 1. The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its existing O.C.S.O. police communications functions, provide POLICE DISPATCH SERVICE(S) to VILLAGE POLICE. 2. For all purposes and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: a. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non- emergency telephone call or notice, of any kind, received by the O.C.S.O., which either requests, requires or, in the sole judgment of the O.C.S.O. or designated COUNTY AGENT(S), appears to request or require the presence, attention, or services of any VILLAGE POLICE PERSONNEL to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or accidental injury, the protection of property, any emergency (including, but not limited to criminal, medical, fire, health, civil disputes, and/or civil infractions), which results in any O.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any VILLAGE FIRE PERSONNEL. b. "VILLAGE POLICE PERSONNEL" shall be defined to include: any and all uniformed, non-uniformed, civilian, command, volunteer, administrative and/or supervisory personnel employed and/or contracted with by the VILLAGE either to provide, supply, support, administer, or direct any VILLAGE police or law enforcement services and/or any persons acting by, through, under, or in concert with any of them; or any other VILLAGE official, officer, employee or agent whose VILLAGE job duties may include the receipt of any O.C.S.O. POLICE DISPATCH SERVICE(S). c. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed Commissioners Minutes Continued. August 12, 2009 500 officials, commissioners, officers, boards, committees, commissions, departments, divisions, volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES), agents, representatives, contractors, predecessors, successors, assigns, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and any and all persons acting by, through, under, or in concert with any of them. COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a COUNTY AGENT(S) at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in his/her previous capacity. d. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and 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, or any other amount for which the COUNTY or any COUNTY AGENT(S) becomes legally and/or contractually obligated to pay, 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. 3. The VILLAGE agrees that under the terms of this Agreement, except for the POLICE DISPATCH SERVICE(S) expressly contracted for herein, the O.C.S.O. and/or any COUNTY AGENT(S) shall not be obligated, in any other way, to provide or assist the VILLAGE or any VILLAGE POLICE with any other direct, indirect, backup, or supplemental support or police or fire or emergency- related service or protection, of any kind or nature whatsoever, or required to send any COUNTY AGENT(S) to respond, in any way, to any call for VILLAGE POLICE services. 4. The VILLAGE agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty VILLAGE POLICE to receive and respond to any O.C.S.O. or designated COUNTY AGENT(S) POLICE DISPATCH SERVICE(S) in a timely and professional manner. 5. The VILLAGE acknowledges that there may be circumstances when, despite all reasonable O.C.S.O. or COUNTY AGENT(S) efforts, an O.C.S.O. or COUNTY AGENT(S) attempt to communicate or provide POLICE DISPATCH SERVICE(S) for VILLAGE POLICE PERSONNEL may be unsuccessful and, as a result, VILLAGE POLICE’S timely response to a call for VILLAGE POLICE PERSONNEL assistance may not be forthcoming. In all such circumstances, the VILLAGE agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from any and all resulting CLAIM(S) and that it shall be solely liable and exclusively responsible for any and all CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S) as a result of any VILLAGE POLICE'S alleged failure to respond in a timely manner to any call for VILLAGE POLICE PERSONNEL assistance. 6. The VILLAGE agrees that this Agreement does not, and is not intended to, include any O.C.S.O. warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision of POLICE DISPATCH SERVICE(S) to the VILLAGE except that the COUNTY will make a reasonable effort to provide POLICE DISPATCH SERVICE(S) for VILLAGE POLICE PERSONNEL consistent with existing O.C.S.O. communication and dispatching policies, procedures, orders, and standards. 7. The VILLAGE agrees that under the terms of this Agreement the VILLAGE shall be solely and exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease, operation, and/or use of any VILLAGE POLICE PERSONNEL radio or other communication equipment, and that the O.C.S.O. shall not be obligated to provide any VILLAGE POLICE PERSONNEL with any radio or other communication equipment of any kind. Similarly, the COUNTY agrees that the VILLAGE shall not be obligated under the terms of this Agreement to supply or provide the O.C.S.O. with any additional telephones, telephone lines, radios, or other communications equipment or property. 8. The VILLAGE agrees that this Agreement does not, and is not intended to, obligate or require the O.C.S.O. to change, alter, modify, or develop any different dispatch related codes, policies, practices or procedures; purchase or use any special or additional equipment; or, alternatively, Commissioners Minutes Continued. August 12, 2009 501 prohibit the O.C.S.O. from implementing any future communication-related changes that the O.C.S.O., in its judgment and discretion, believes to be in its best interest. 9. The VILLAGE agrees that it shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all VILLAGE POLICE PERSONNEL radios and/or other communication equipment will be properly set and adjusted to receive any POLICE DISPATCH SERVICE(S) from the O.C.S.O. and/or COUNTY AGENT(S) and otherwise maintained in full and proper working order; (b) all VILLAGE POLICE PERSONNEL will be adequately trained and will comply with all applicable O.C.S.O. communications codes, practices, policies and procedures, as well as any applicable state or federal (FCC) communication requirements; (c) the VILLAGE and all VILLAGE POLICE PERSONNEL shall, at all times, promptly and properly notify the designated COUNTY AGENT(S) of any on-duty or off-duty status and/or availability or unavailability of VILLAGE POLICE PERSONNEL to receive POLICE DISPATCH SERVICE(S) from the O.C.S.O.; and (d) all VILLAGE POLICE PERSONNEL radio and communication equipment, policies, practices and procedures shall conform to those of the O.C.S.O. as they now exist or may be changed in the future. 10. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this Agreement shall become effective on September 1, 2009, and shall remain in effect continuously until it expires, without any further act or notice being required of any party, at 11:59 P.M. on March 31, 2012. Either the COUNTY, the SHERIFF, or the VILLAGE may cancel this Agreement, for any reason, including the convenience of any party, and without any penalty, before its March 31, 2012, expiration by delivering a written notice of the cancellation of this Agreement to the other signatories to this Agreement, or their successors in office. Such written notice shall provide at least a ninety (90) calendar day notice of the effective date of cancellation, and such cancellation of this Agreement shall be effective at 11:59 P.M. on the last calendar day of the calendar month following the expiration of the 90 calendar day notice period. 11. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the VILLAGE Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and VILLAGE Council and also shall be filed with the Office of the Clerk for the COUNTY and the VILLAGE. In addition, this Agreement, and any subsequent amendments, shall be filed by a designated COUNTY AGENT(S) with the Secretary of State for the State of Michigan and shall not become effective prior to the filing of this Agreement with the Secretary of State. 12. In consideration of the COUNTY'S promises and efforts under this Agreement, the VILLAGE agrees to pay to the COUNTY FOURTEEN THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-NINE CENTS ($14,536.69) for the period of September 1, 2009 through March 31, 2010, TWENTY FIVE THOUSAND SIX HUNDRED AND SEVENTY ($25,670) for the period of April 1, 2010 through March 31, 2011 and TWENTY SIX THOUSAND FOUR HUNDRED AND FORTY ($26,440) for the period of April 1, 2011 through March 31, 2012. Said sums shall be paid in monthly installments of $2,076.67 for the months of September 1, 2009 through March 31, 2010, $2,139.17 for the months of April 1, 2010 through March 31, 2011, and $2,203.33 for the months of April 1, 2011 through March 31, 2012. Payments shall be made as follows: a. The COUNTY shall send an invoice to the VILLAGE on the first calendar day of each month for services rendered the previous month. The VILLAGE shall have 30 days from the date of each invoice to make payment. For example, for services rendered in July of 2010, the COUNTY will bill the VILLAGE on August 1, 2010 and the VILLAGE shall pay the invoice within 30 days of the invoice date. b. All Monthly payments shall be due and payable by the VILLAGE without any further notice or demand from the COUNTY. c. Each monthly payment shall be made by a check drawn on a VILLAGE account and shall be made payable to the County of Oakland and delivered to the attention of: Andy Meisner, Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-0479 (or such other person as the COUNTY may from time to time designate in writing). d. Each such payment shall clearly identify that it is a monthly payment being made pursuant to this Agreement and identify the calendar month for which the VILLAGE Commissioners Minutes Continued. August 12, 2009 502 intended the payment to apply. The VILLAGE agrees that the COUNTY, in its discretion, may apply any monthly payment received from the VILLAGE to any past due amount or monthly payment then due and owing to the COUNTY pursuant to this Agreement. 13. Should the VILLAGE fail, for any reason, to timely pay the County the amounts required under this Agreement, the VILLAGE 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 VILLAGE), the State of Michigan is authorized to withhold any funds due the VILLAGE from the state, and assign those funds to partially or completely offset any deficiency by the VILLAGE to the COUNTY. Such funds shall be paid directly to the COUNTY. Further, the VILLAGE waives any claims against the State or COUNTY, or their respective officials, for any such amounts paid to the County. Should the VILLAGE fail for any reason to timely pay the COUNTY the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the VILLAGE from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the VILLAGE in the possession of the COUNTY, to partially or completely offset any deficiency by the VILLAGE, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the VILLAGE to the COUNTY. Further, the VILLAGE waives any claims against the COUNTY, or its officials, for any such amounts paid to the COUNTY. Nothing in this paragraph shall operate to limit in any way the COUNTY’S right to pursue any other legal remedies against the VILLAGE 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 VILLAGE becomes delinquent in its payments. 14. The VILLAGE agrees, at its sole cost and expense, to purchase and maintain the following insurance coverage(s), in the minimum coverage amounts indicated, for the entire duration of this Agreement and to provide the COUNTY with Certificates of Insurance. The VILLAGE acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY Risk Management Division. a. Commercial General Liability, Occurrence Form, in the minimum amount of $3,000,000 each occurrence, including the following mandatory coverage(s): i. Products and completed operations; ii. Broad Form Property damage; iii. Premises/Operations; iv. (Blanket) Broad Form Contractual (including liability assumed under this contract); v. Independent Contractors; vi. Personal Injury with Contractual Employee exclusions deleted. b. Workers' Compensation Insurance as required by the laws of the State of Michigan with Employer Liability Coverage in the minimum amount of $500,000.00 each accident, disease, each employee and policy limit; c. Commercial Automobile in the minimum amount of $1,000,000 each occurrence covering liability or property damage arising out of the use of any owned, hired, non-owned or leased vehicles and shall include mandatory Michigan No-Fault coverages; d. Professional Liability (Errors and Omissions), including Law Enforcement Professional Liability in the minimum amount of $1,000,000 each claim. The VILLAGE agrees to continue or secure any ‘claims made’ extended reporting period(s) for a minimum of three (3) years following the expiration or termination of this Agreement or for the statute of limitations for bringing any claim in the State of Michigan, which ever is later; e. All insurance policies shall be endorsed to include the required coverage(s), and the following provisions or clauses, as applicable: i. Any coverage afforded the VILLAGE shall apply as primary, non-contributory or excess to any insurance or self-insurance carried or retained by the COUNTY; ii. Any and all deductibles or self-insured retentions shall be assumed by, and at the sole risk of the VILLAGE; iii. All policies, with the exception of Worker’s Compensation, shall be endorsed to name as Additional Insured(s) the COUNTY OF OAKLAND, the SHERIFF, and any and all COUNTY AGENT(S) as defined in this Agreement; Commissioners Minutes Continued. August 12, 2009 503 iv. All policies shall be endorsed to include a blanket waiver of subrogation naming the COUNTY; v. All insurance policies shall be issued by companies licensed and approved to do business in the State of Michigan and shall possess and maintain a minimum A>M> Best rating of A:VIII or be a Municipal Pool licensed in the State of Michigan; vi. All Certificates of Insurance are to provide thirty (30) days written notice of cancellation, non-renewable or material changes and must be provided no less than ten (10) working days before the commencement date of this Agreement, to the COUNTY’S Risk Management Division, 2100 Pontiac Lake Road, BLDG 41 W, Waterford, MI 48328; vii. All insurance carriers, coverage, and policy limits are subject to the approval of the COUNTY’S Risk Management Division as to conformity with the requirements of this Agreement; viii. The COUNTY’S Risk Management Division reserves the right to amend or waive any insurance requirements required in this Agreement. 15. The VILLAGE agrees that the COUNTY and/or any COUNTY AGENT(S) shall be legally subrogated to any rights to recover or any benefits the VILLAGE may have in any insurance policy and to the full extent of any payment made under any insurance policy as may be required to make the COUNTY and/or any COUNTY AGENT(S) whole for any CLAIM(S). The VILLAGE agrees to cooperate and perform any act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT(S). 16. Except as otherwise provided in this Paragraph, the VILLAGE agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) (as defined in this Agreement) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any person and which are based upon, result from, arise from, or are in any way related to any alleged error, injury, mistake, negligent or intentional act(s) or omission(s) by the VILLAGE and/or any VILLAGE POLICE PERSONNEL, including, but not limited to: a. Any and all alleged breach of any legal duty to any person by the VILLAGE or any VILLAGE POLICE PERSONNEL; b. Any and all alleged VILLAGE or VILLAGE POLICE PERSONNEL'S negligent or erroneous response to, or failure to respond to, any communication or POLICE DISPATCH SERVICE from the COUNTY and/or any COUNTY AGENT(S); c. Any and all alleged failures by the COUNTY and/or any COUNTY AGENT(S) to receive in a timely manner any telephone call police or emergency related services due to any alleged negligence by the VILLAGE; d. Any and all alleged failures by the VILLAGE or any VILLAGE POLICE PERSONNEL to receive any transmitted POLICE DISPATCH SERVICE); e. Any and all alleged injuries or losses to the VILLAGE and/or any VILLAGE POLICE PERSONNEL arising out of any POLICE DISPATCH SERVICE(S) provided under this Agreement; f. Any and all alleged failures by the VILLAGE or any VILLAGE POLICE PERSONNEL to comply with any duty or obligation in this Agreement; and/or g. Any and all other alleged or actual CLAIM(S) based, in any way, upon any VILLAGE or VILLAGE POLICE PERSONNEL services, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The VILLAGE, however, shall not be obligated to pay any portion of any court-ordered final judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either solely negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the VILLAGE or any VILLAGE POLICE PERSONNEL. 17. The indemnification right afforded to the COUNTY in this Agreement shall be excess and over and above any other valid and collectible insurance right available to the COUNTY from the VILLAGE and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S) loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that any VILLAGE promise to indemnify, pay and hold Commissioners Minutes Continued. August 12, 2009 504 harmless the COUNTY and/or any COUNTY AGENT(S) as set forth in this Agreement may become unenforceable or uncollectible, the VILLAGE shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S). 18. The VILLAGE agrees that all VILLAGE indemnification and hold harmless promises, waivers of liability, representations, insurance coverage obligations, liabilities, payment obligations, and/or any other related obligations provided for in this Agreement 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 expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. The parties agree that the expiration, cancellation, or termination of this Agreement shall be without prejudice to any rights or claims of either party against the other and shall not relieve either party of any obligations which, by their nature, survive expiration or termination of this Agreement. 19. Except as expressly provided herein, this Agreement does not, and is not intended to create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person or organization, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 20. The VILLAGE and the COUNTY agree that neither the COUNTY nor any COUNTY AGENT(S), by virtue of this Agreement or otherwise, shall be considered or asserted to be employees of the VILLAGE and further agree that, at all times and for all purposes under the terms of this Agreement, the COUNTY and/or any COUNTY AGENT(S) legal status and relationship to the VILLAGE shall be that of an Independent Contractor. The parties also agree that no VILLAGE POLICE PERSONNEL or any other VILLAGE employee shall, by virtue of this Agreement or otherwise, be considered or asserted to be an employee, agent, or working under the supervision and control of the COUNTY and/or any COUNTY AGENT(S). 21. The VILLAGE and the COUNTY agree that, at all times and for all purposes relevant to this Agreement, the VILLAGE and the O.C.S.O. shall each remain the sole and exclusive employer of each of their respective employees. The VILLAGE and the COUNTY each agree to remain solely and exclusively responsible for the payment of each of their respective employees' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, training expenses, or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, employment taxes, or any other statutory or contractual right or benefit based, in any way, upon employment of any COUNTY AGENT(S) or any VILLAGE POLICE PERSONNEL or any other VILLAGE employee. 22. This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term(s) or condition(s) of employment of any COUNTY AGENT(S), any applicable O.C.S.O. employment and/or union contract(s), any level(s) or amount(s) of supervision, any standard(s) of performance, any sequence or manner of performance, and/or any O.C.S.O. rule(s), regulation(s), training and education standard(s), hours of work, shift assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and/or all conduct and actions of any COUNTY AGENT(S). 23. The VILLAGE agrees that neither the VILLAGE nor any VILLAGE POLICE PERSONNEL shall provide, furnish or assign any COUNTY AGENT(S) with any job instructions, job descriptions, job specifications, or job duties, or, in any manner, attempt to control, supervise, train, or direct any COUNTY AGENT(S) in the performance of any COUNTY or COUNTY AGENT(S) duty or obligation under the terms of this Agreement. 24. The VILLAGE agrees that it shall promptly deliver to the O.C.S.O. written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that the VILLAGE becomes aware of which involves, in any way, the O.C.S.O. or any COUNTY AGENT(S). The VILLAGE agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF of any act(s) or performance of any duties by any COUNTY AGENT(S). Commissioners Minutes Continued. August 12, 2009 505 25. Any signatory or any signatories' successor in office to this Agreement shall send, by first class mail, any correspondence and written notices required or permitted by this Agreement to each of the signatories of this Agreement, or any signatories' successor in office, to the addresses shown in this Agreement. Any written notice required or permitted under this Agreement 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. 26. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement 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 Agreement, the singular or plural number, possessive or non-possessive, shall be deemed to include the other whenever the context so suggests or requires. 27. Absent an express written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this Agreement. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 28. The COUNTY and the VILLAGE acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 29. The VILLAGE acknowledges that it has reviewed all of its current or proposed contracts, including any and all labor or union contracts with any VILLAGE POLICE PERSONNEL, and hereby warrants that the VILLAGE does not have and will not have at any time during the term of this Agreement, any other contractual agreements that will in any manner restrict, interfere with, or prohibit the VILLAGE and any VILLAGE POLICE PERSONNEL, or any other person from complying with the VILLAGE’S obligations and duties as set forth in this Agreement and/or the VILLAGE POLICE DISPATCH SERVICES as described herein. The VILLAGE further agrees that the VILLAGE’S obligation to indemnify the COUNTY and/or any COUNTY AGENT(S), and that the provisions of Paragraphs 14, 15, and 16 of this Agreement, will apply if the COUNTY and/or COUNTY AGENT(S) are brought into any labor dispute between the VILLAGE and any of its bargaining units or other labor organizations as a result of VILLAGE POLICE DISPATCH SERVICES being provided to the VILLAGE. The term labor dispute shall include, but not be limited to, unfair labor practices, actions for breach of contract, or any other labor dispute arising as a result of VILLAGE POLICE DISPATCH SERVICES being provided to the VILLAGE. 30. This Agreement, consisting of eight (8) pages, sets forth the entire contract and understanding between the COUNTY and the VILLAGE and fully supersedes any and all prior contracts, agreements or over any actual or apparent conflict with any term or condition in such a lease. It is further understood and agreed that the terms of this Agreement are contractual and are not a mere recital and that there are no other contracts, understandings, or representations between the COUNTY and the VILLAGE in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the VILLAGE Council in accordance with the procedures set forth herein. 31. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY and the VILLAGE hereby agree and promise to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, John Magee, Council President for the VILLAGE OF WOLVERINE LAKE, hereby acknowledges that he has been authorized by a resolution of the Village Council (a certified copy of which is attached) to execute this Agreement on behalf of THE VILLAGE OF WOLVERINE LAKE and hereby accepts and binds the VILLAGE OF WOLVERINE LAKE to the terms and conditions of this Agreement on this ______ day of _______________, 2009. Commissioners Minutes Continued. August 12, 2009 506 WITNESSES: ____________________________________ ____________________________________ VILLAGE OF WOLVERINE, a Michigan Municipal Corporation BY: ________________________________ John Magee President, Village Council BY: ________________________________ Rita Irwin Clerk 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 amendment to the Current Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this ______ day of _______________, 2009. WITNESS: ____________________________________ COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: ________________________________ Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the OAKLAND COUNTY SHERIFF, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement on this ______ day of _______________, 2009. WITNESS: ____________________________________ OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: _______________________________ Michael J. Bouchard, Oakland County Sheriff FISCAL NOTE (MISC. #09157) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF WOLVERINE LAKE - SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012 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 City of Wolverine Lake has requested to enter into contract with the Sheriff’s Office per established policy by the Oakland County Board of Commissioners permitting entering into contract with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services. 2. The City of Wolverine Lake has requested to enter into a 31 month contract agreement with the Sheriff’s Office for police dispatch services to begin September 1, 2009 through March 31, 2012. 3. The contract rates are established for the period of April 1 thru March 31 and the annual rate is $24,920 for 2009, $25,670 for 2010, and $26,440 for 2011. 4. Budget estimates based on fiscal years ending September 30 are $2,077 for FY 2009, $25,295 for FY 2010, $26,055 for FY 2011 and $26,440 for FY 2012. 5. Revenue generated from this contract will offset Overtime in the Sheriff’s Communications Unit to cover the increased workload. Commissioners Minutes Continued. August 12, 2009 507 6. A budget amendment is recommended to the FY 2009 Budget for one month of costs and to the FY 2010 – FY 2012 County Executive Recommended for annual costs as follows: GENERAL FUND (#10100) Revenue FY 2009 FY 2010 FY 2011 FY 2012 4030501-116230-630539-40610 Dispatch Rev. $2,077 $25,295 $26,055 $26,440 Total Revenues $2,077 $25,295 $26,055 $26,440 Expenditures 4030501-116230-712020 Overtime $2,077 $25,295 $26,055 $26,440 Total Expenditures $2,077 $25,295 $26,055 $26,440 FINANCE COMMITTEE (The vote for this motion appears on page 516.) *REPORT (MISC. #09158) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #09158 on August 5, 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 #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 Commissioners Minutes Continued. August 12, 2009 508 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 and Walled Lake Dispatch Fees on file in County Clerk’s office. POLICE AND FIRE DISPATCH SERVICE(S) AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF WALLED LAKE This Agreement 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 WALLED LAKE, a Michigan Constitutional and Municipal Corporation, located within Oakland County, whose address is 1499 E. West Maple Road, Walled Lake, Michigan 48390 (hereafter the "CITY"). In this Agreement, the COUNTY shall also be represented by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and the SHERIFF are intended to be referred to jointly, they shall collectively be referred to as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the "O.C.S.O." WITNESSETH WHEREAS, the CITY is authorized by law to provide police and fire protection service for residents of the CITY; and WHEREAS, in order to provide effective police and fire protection services for its residents, the CITY also must provide for CITY Police and Fire Department communication and dispatch functions; and WHEREAS, the OAKLAND COUNTY SHERIFF'S OFFICE (O.C.S.O.) now provides police communication and dispatch functions and has the capability to provide police and fire dispatch but, absent this Agreement, is not obligated to provide any "POLICE and/or FIRE DISPATCH SERVICE(S)", as defined in this Agreement, for the CITY; and WHEREAS, the COUNTY and the CITY may enter into a contract by which the O.C.S.O. would provide POLICE and FIRE DISPATCH SERVICE(S) for the CITY; and WHEREAS, the CITY has concluded that it is more cost effective for the CITY to contract for POLICE and FIRE DISPATCH SERVICE(S) with the O.C.S.O. than to equip and staff its own police and fire communication and dispatch center; and WHEREAS, the O.C.S.O. agrees to provide POLICE and FIRE DISPATCH SERVICE(S) for the "CITY POLICE and FIRE PERSONNEL", as defined in this Agreement, under the following terms and conditions; NOW, THEREFORE, in consideration of these premises, and the following promises, representations, and acknowledgments, it is mutually agreed as follows: 1. The COUNTY, with the cooperation and approval of the SHERIFF, shall, in conjunction with its existing O.C.S.O. police communications functions, provide POLICE and FIRE DISPATCH SERVICE(S) to CITY POLICE and FIRE PERSONNEL for the CITY. 2. For all purposes and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: a. "POLICE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non- emergency telephone call or notice, of any kind, received by the O.C.S.O., which either requests, requires or, in the sole judgment of the O.C.S.O. or designated COUNTY AGENT(S), appears to request or require the presence, attention, or services of any CITY POLICE PERSONNEL to address, respond, or attend to any issue, event, or circumstance involving public safety, a breach of peace, public health, an accident or Commissioners Minutes Continued. August 12, 2009 509 accidental injury, the protection of property, any emergency (including, but not limited to criminal, medical, fire, health, civil disputes, and/or civil infractions), which results in any O.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any CITY FIRE PERSONNEL. b. "CITY POLICE PERSONNEL" shall be defined to include: any and all uniformed, non- uniformed, civilian, command, volunteer, administrative and/or supervisory personnel employed and/or contracted with by the CITY either to provide, supply, support, administer, or direct any CITY police or law enforcement services and/or any persons acting by, through, under, or in concert with any of them; or any other CITY official, officer, employee or agent whose CITY job duties may include the receipt of any O.C.S.O. POLICE DISPATCH SERVICE(S). c. "FIRE DISPATCH SERVICE(S)" shall be defined to include: any emergency or non- emergency telephone call or notice, of any kind, received by the O.C.S.O., which either requests, requires or, in the sole judgment of the O.C.S.O. or designated COUNTY AGENT(S), appears to request or require the presence, attention, or services of any CITY FIRE PERSONNEL to address, respond, or attend to any issue, event, or circumstance involving public health or safety, an accident or accidental injury, the protection of property, any emergency (including, but not limited to medical, fire, and/or health), which results in any O.C.S.O. or designated COUNTY AGENT(S) radio communication, or any attempted radio communication to any CITY FIRE PERSONNEL. d. "CITY FIRE PERSONNEL" shall be defined to include: any and all uniformed, non- uniformed, civilian, command, volunteer, administrative and/or supervisory personnel employed and/or contracted with by the CITY either to provide, supply, support, administer, or direct any CITY fire or emergency related services and/or any persons acting by, through, under, or in concert with any of them; or any other CITY official, officer, employee or agent whose CITY job duties may include the receipt of any O.C.S.O. FIRE DISPATCH SERVICE(S). e. "COUNTY AGENT(S)" shall be defined to include the OAKLAND COUNTY SHERIFF, SHERIFF Michael J. Bouchard, and any and all other COUNTY elected and appointed officials, commissioners, officers, boards, committees, commissions, departments, divisions, volunteers, employees (including any SHERIFF'S DEPUTY or SHERIFF'S DEPUTIES), agents, representatives, contractors, predecessors, successors, assigns, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and any and all persons acting by, through, under, or in concert with any of them. COUNTY AGENT(S) as defined in this Agreement shall also include any person who was a COUNTY AGENT(S) at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in his/her previous capacity. f. "CLAIM(S)" shall be defined to include any and all losses, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, and 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, or any other amount for which the COUNTY or any COUNTY AGENT(S) becomes legally and/or contractually obligated to pay, 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. 3. The CITY agrees that under the terms of this Agreement, except for the POLICE and FIRE DISPATCH SERVICE(S) expressly contracted for herein, the O.C.S.O. and/or any COUNTY AGENT(S) shall not be obligated, in any other way, to provide or assist the CITY or any CITY POLICE and FIRE PERSONNEL with any other direct, indirect, backup, or supplemental support or police or fire or emergency-related service or protection, of any kind or nature whatsoever, or required to send any COUNTY AGENT(S) to respond, in any way, to any call for CITY POLICE and FIRE PERSONNEL services. Commissioners Minutes Continued. August 12, 2009 510 4. The CITY agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for all costs and/or liabilities associated with providing available on-duty CITY POLICE and FIRE PERSONNEL to receive and respond to any O.C.S.O. or designated COUNTY AGENT(S) POLICE and FIRE DISPATCH SERVICE(S) in a timely and professional manner. 5. The CITY acknowledges that there may be circumstances when, despite all reasonable O.C.S.O. or COUNTY AGENT(S) efforts, an O.C.S.O. or COUNTY AGENT(S) attempt to communicate or provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNEL may be unsuccessful and, as a result, CITY POLICE and FIRE PERSONNEL'S timely response to a call for CITY POLICE and FIRE PERSONNEL assistance may not be forthcoming. In all such circumstances, the CITY agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from any and all resulting CLAIM(S) and that it shall be solely liable and exclusively responsible for any and all CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S) as a result of any CITY POLICE and FIRE PERSONNEL'S alleged failure to respond in a timely manner to any call for CITY POLICE and FIRE PERSONNEL assistance. 6. The CITY agrees that this Agreement does not, and is not intended to, include any O.C.S.O. warranty, promise, or guaranty, of any kind or nature whatsoever, concerning the provision of POLICE and FIRE DISPATCH SERVICE(S) to the CITY except that the COUNTY will make a reasonable effort to provide POLICE and FIRE DISPATCH SERVICE(S) for CITY POLICE and FIRE PERSONNEL consistent with existing O.C.S.O. communication and dispatching policies, procedures, orders, and standards. 7. The CITY agrees that under the terms of this Agreement the CITY shall be solely and exclusively responsible for all costs, expenses and liabilities associated with the purchase, lease, operation, and/or use of any CITY POLICE and/or FIRE PERSONNEL radio or other communication equipment, and that the O.C.S.O. shall not be obligated to provide any CITY POLICE and/or FIRE PERSONNEL with any radio or other communication equipment of any kind. Similarly, the COUNTY agrees that the CITY shall not be obligated under the terms of this Agreement to supply or provide the O.C.S.O. with any additional telephones, telephone lines, radios, or other communications equipment or property. 8. The CITY agrees that this Agreement does not, and is not intended to, obligate or require the O.C.S.O. to change, alter, modify, or develop any different dispatch related codes, policies, practices or procedures; purchase or use any special or additional equipment; or, alternatively, prohibit the O.C.S.O. from implementing any future communication-related changes that the O.C.S.O., in its judgment and discretion, believes to be in its best interest. 9. The CITY agrees that it shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that: (a) all CITY POLICE and FIRE PERSONNEL radios and/or other communication equipment will be properly set and adjusted to receive any POLICE and/or FIRE DISPATCH SERVICE(S) from the O.C.S.O. and/or COUNTY AGENT(S) and otherwise maintained in full and proper working order; (b) all CITY POLICE and FIRE PERSONNEL will be adequately trained and will comply with all applicable O.C.S.O. communications codes, practices, policies and procedures, as well as any applicable state or federal (FCC) communication requirements; (c) the CITY and all CITY POLICE and FIRE PERSONNEL shall, at all times, promptly and properly notify the designated COUNTY AGENT(S) of any on-duty or off-duty status and/or availability or unavailability of CITY POLICE and FIRE PERSONNEL to receive POLICE and/or FIRE DISPATCH SERVICE(S) from the O.C.S.O.; and (d) all CITY POLICE and FIRE PERSONNEL radio and communication equipment, policies, practices and procedures shall conform to those of the O.C.S.O. as they now exist or may be changed in the future. 10. Subject to the following Paragraph, and unless canceled as provided for in this Paragraph, this Agreement shall become effective on September 1, 2009, and shall remain in effect continuously until it expires, without any further act or notice being required of any party, at 11:59 P.M. on March 31, 2012. Either the COUNTY, the SHERIFF, or the CITY may cancel this Agreement, for any reason, including the convenience of any party, and without any penalty, before its March 31, 2012, expiration by delivering a written notice of the cancellation of this Agreement to the other signatories to this Agreement, or their successors in office. Such written notice shall provide at least a ninety (90) calendar day notice of the effective date of cancellation, and such cancellation Commissioners Minutes Continued. August 12, 2009 511 of this Agreement shall be effective at 11:59 P.M. on the last calendar day of the calendar month following the expiration of the 90 calendar day notice period. 11. This Agreement, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council. The approval and terms of this Agreement shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and also shall be filed with the Office of the Clerk for the COUNTY and the CITY. In addition, this Agreement, and any subsequent amendments, shall be filed by a designated COUNTY AGENT(S) with the Secretary of State for the State of Michigan and shall not become effective prior to the filing of this Agreement with the Secretary of State. 12. In consideration of the COUNTY'S promises and efforts under this Agreement, the CITY agrees to pay to the COUNTY, SIX THOUSAND FOUR HUNDRED FORTY-THREE DOLLARS AND THIRTY-THREE CENTS ($ 6,443.33), payable in monthly installments as follows: a. The COUNTY shall send an invoice to the CITY on the first calendar day of each month for services rendered the previous month. The CITY shall have 30 days from the date of each invoice to make payment. For example, for services rendered in September of 2009, the COUNTY will bill the CITY on October 1, 2009 and the CITY shall pay the invoice within 30 days of the invoice date. b. All Monthly payments shall be due and payable by the CITY without any further notice or demand from the COUNTY. c. Each monthly payment shall be made by a check drawn on a CITY account and shall be made payable to the County of Oakland and delivered to the attention of: Andy Meisner, Oakland County Treasurer, 1200 N. Telegraph Road, Pontiac, MI 48341-0479 (or such other person as the COUNTY may from time to time designate in writing). d. Each such payment shall clearly identify that it is a monthly payment being made pursuant to this Agreement and identify the calendar month for which the CITY intended the payment to apply. The CITY agrees that the COUNTY, in its discretion, may apply any monthly payment received from the CITY to any past due amount or monthly payment then due and owing to the COUNTY pursuant to this Agreement. e. For each successive year that this Agreement is in effect, the yearly payment amount shall be as follows: 2010-$79,648, 2011-$82,040 per annum, said increase effective on April 1, 2010 and April 1, 2011, respectively. 13. Should the CITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the CITY 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 CITY), the State of Michigan is authorized to withhold any funds due the CITY from the state, and assign those funds to partially or completely offset any deficiency by the CITY to the COUNTY. Such funds shall be paid directly to the COUNTY. Further, the CITY waives any claims against the State or COUNTY, or their respective officials, for any such amounts paid to the County. Should the CITY fail for any reason to timely pay the COUNTY the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the CITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the CITY in the possession of the COUNTY, to partially or completely offset any deficiency by the CITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the CITY to the COUNTY. Further, the CITY waives any claims against the COUNTY, or its officials, for any such amounts paid to the COUNTY. Nothing in this paragraph shall operate to limit in any way the COUNTY’S right to pursue any other legal remedies against the CITY 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 CITY becomes delinquent in its payments. 14. The CITY agrees, at its sole cost and expense, to purchase and maintain the following insurance coverage(s), in the minimum coverage amounts indicated, for the entire duration of this Agreement and to provide the COUNTY with Certificates of Insurance. The CITY acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY Risk Management Division. Commissioners Minutes Continued. August 12, 2009 512 a. Commercial General Liability, Occurrence Form, in the minimum amount of $3,000,000 each occurrence, including the following mandatory coverage(s): i. Products and completed operations; ii. Broad Form Property damage; iii. Premises/Operations; iv. (Blanket) Broad Form Contractual (including liability assumed under this contract); v. Independent Contractors; vi. Personal Injury with Contractual and Employee exclusions deleted. b. Workers' Compensation Insurance as required by the laws of the State of Michigan with Employer Liability Coverage in the minimum amount of $500,000 each accident, disease each employee and policy limit; c. Commercial Automobile in the minimum amount of $1,000,000 each occurrence covering liability or property damage arising out of the use of any owned, hired, non-owned or leased vehicles and shall include mandatory Michigan No-Fault coverages; d. Professional Liability (Errors and Omissions), including Law Enforcement Professional Liability, in the minimum amount of $1,000,000 each claim. The CITY agrees to continue or secure any ‘claims made’ extended reporting period(s) for a minimum of three (3) years following the expiration or termination of this Agreement or for the statute of limitations for bringing any claim in the State of Michigan, whichever is later; e. All insurance policies shall be endorsed to include the required coverage(s), and the following provisions or clauses, as applicable: i. Any coverage afforded the CITY shall apply as primary, non-contributory or excess to any insurance or self-insurance carried or retained by the COUNTY; ii. Any and all deductibles or self-insured retentions shall be assumed by, and be at the sole risk of the CITY; iii. All policies, with the exception of Worker’s Compensation, shall be endorsed to name as Additional Insured(s) The COUNTY OF OAKLAND, the SHERIFF, and any and all COUNTY AGENT(S) as defined in this Agreement; iv. All policies shall be endorsed to include a blanket waiver of subrogation naming the COUNTY; v. All insurance policies shall be issued by companies licensed and approved to do business in the State of Michigan and shall possess and maintain a minimum A.M. Best rating of A:VII or be a Municipal Pool licensed in the State of Michigan; vi. All Certificates of Insurance are to provide thirty (30) days written notice of cancellation, non-renewal or material changes and must be provided no less than ten (10) working days before the commencement date of this Agreement, to the COUNTY’S Risk Management Division, 2100 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328; vii. All insurance carriers, coverage, and policy limits are subject to the approval of the COUNTY’S Risk Management Division as to conformity with the requirements of this Agreement. viii. The COUNTY’S Risk Management Division reserves the right to amend or waive any insurance requirements required in this Agreement. 15. The CITY agrees that the COUNTY and/or any COUNTY AGENT(S) shall be legally subrogated to any rights to recover or any benefits the CITY may have in any insurance policy and to the full extent of any payment made under any insurance policy as may be required to make the COUNTY and/or any COUNTY AGENT(S) whole for any CLAIM(S). The CITY agrees to cooperate and perform any act necessary to secure such rights for the COUNTY and/or any COUNTY AGENT(S). 16. Except as otherwise provided in this Paragraph, the CITY agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) (as defined in this Agreement) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any person and which are based upon, result from, arise from, or are in any way related to any alleged error, injury, mistake, negligent or intentional act(s) or Commissioners Minutes Continued. August 12, 2009 513 omission(s) by the CITY and/or any CITY POLICE and/or FIRE PERSONNEL, including, but not limited to: a. Any and all alleged breach of any legal duty to any person by the CITY or any CITY POLICE and/or FIRE PERSONNEL; b. Any and all alleged CITY or CITY POLICE and/or FIRE PERSONNEL'S negligent or erroneous response to, or failure to respond to, any communication or POLICE and/or FIRE DISPATCH SERVICE(S) from the COUNTY and/or any COUNTY AGENT(S); c. Any and all alleged failures by the COUNTY and/or any COUNTY AGENT(S) to receive in a timely manner any telephone call for fire or emergency related services due to any alleged negligence by the CITY; d. Any and all alleged failures by the CITY or any CITY POLICE and/or FIRE PERSONNEL to receive any transmitted POLICE and/or FIRE DISPATCH SERVICE(S); e. Any and all alleged injuries or losses to the CITY and/or any CITY POLICE and/or FIRE PERSONNEL arising out of any POLICE and/or FIRE DISPATCH SERVICE(S) provided under this Agreement; f. Any and all alleged failures by the CITY or any CITY POLICE and/or FIRE PERSONNEL to comply with any duty or obligation in this Agreement; and/or g. Any and all other alleged or actual CLAIM(S) based, in any way, upon any CITY or CITY POLICE and/or FIRE PERSONNEL services, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The CITY, however, shall not be obligated to pay any portion of any court-ordered final judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either solely negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY POLICE and FIRE PERSONNEL. 17. The indemnification right afforded to the COUNTY in this Agreement shall be excess and over and above any other valid and collectible insurance right available to the COUNTY from the CITY and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S) loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that any CITY promise to indemnify, pay and hold harmless the COUNTY and/or any COUNTY AGENT(S) as set forth in this Agreement may become unenforceable or uncollectible, the CITY shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S). 18. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability, representations, insurance coverage obligations, liabilities, payment obligations, and/or any other related obligations provided for in this Agreement 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 expiration of this Agreement, shall survive the cancellation or expiration of this Agreement. The parties agree that the expiration, cancellation, or termination of this Agreement shall be without prejudice to any rights or claims of either party against the other and shall not relieve either party of any obligations which, by their nature, survive expiration or termination of this Agreement. 19. Except as expressly provided herein, this Agreement does not, and is not intended to create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person or organization, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this Agreement. 20. The CITY and the COUNTY agree that neither the COUNTY nor any COUNTY AGENT(S), by virtue of this Agreement or otherwise, shall be considered or asserted to be employees of the CITY and further agree that, at all times and for all purposes under the terms of this Agreement, the COUNTY and/or any COUNTY AGENT(S) legal status and relationship to the CITY shall be that of an Independent Contractor. The parties also agree that no CITY POLICE and FIRE PERSONNEL or any other CITY employee shall, by virtue of this Agreement or otherwise, be considered or asserted to be an employee, agent, or working under the supervision and control of the COUNTY and/or any COUNTY AGENT(S). Commissioners Minutes Continued. August 12, 2009 514 21. The CITY and the COUNTY agree that, at all times and for all purposes relevant to this Agreement, the CITY and the O.C.S.O. shall each remain the sole and exclusive employer of each of their respective employees. The CITY and the COUNTY each agree to remain solely and exclusively responsible for the payment of each of their respective employees' wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, training expenses, or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection(s) and benefits, employment taxes, or any other statutory or contractual right or benefit based, in any way, upon employment of any COUNTY AGENT(S) or any CITY POLICE and/or FIRE PERSONNEL or any other CITY employee. 22. This Agreement does not, and is not it intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term(s) or condition(s) of employment of any COUNTY AGENT(S), any applicable O.C.S.O. employment and/or union contract(s), any level(s) or amount(s) of supervision, any standard(s) of performance, any sequence or manner of performance, and/or any O.C.S.O. rule(s), regulation(s), training and education standard(s), hours of work, shift assignment(s), order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the O.C.S.O. and/or all conduct and actions of any COUNTY AGENT(S). 23. The CITY agrees that neither the CITY nor any CITY POLICE and FIRE PERSONNEL shall provide, furnish or assign any COUNTY AGENT(S) with any job instructions, job descriptions, job specifications, or job duties, or, in any manner, attempt to control, supervise, train, or direct any COUNTY AGENT(S) in the performance of any COUNTY or COUNTY AGENT(S) duty or obligation under the terms of this Agreement. 24. The CITY agrees that it shall promptly deliver to the O.C.S.O. written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that the CITY becomes aware of which involves, in any way, the O.C.S.O. or any COUNTY AGENT(S). The CITY agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF of any act(s) or performance of any duties by any COUNTY AGENT(S). 25. Any signatory or any signatories' successor in office to this Agreement shall send, by first class mail, any correspondence and written notices required or permitted by this Agreement to each of the signatories of this Agreement, or any signatories' successor in office, to the addresses shown in this Agreement. Any written notice required or permitted under this Agreement 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. 26. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement 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 Agreement, the singular or plural number, possessive or non-possessive, shall be deemed to include the other whenever the context so suggests or requires. 27. Absent an express written waiver, the failure of any party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this Agreement. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 28. The COUNTY and the CITY acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 29. The CITY acknowledges that it has reviewed all of its current or proposed contracts, including any and all labor or union contracts with any CITY POLICE OR FIRE PERSONNEL, and hereby warrants that the CITY does not have and will not have at any time during the term of this Agreement, any other contractual agreements that will in any manner restrict, interfere with, or prohibit the CITY and any CITY POLICE OR FIRE PERSONNEL, or any other person from Commissioners Minutes Continued. August 12, 2009 515 complying with the CITY’S obligations and duties as set forth in this Agreement and/or the CITY POLICE OR FIRE DISPATCH SERVICES as described herein. The CITY further agrees that the CITY’S obligation to indemnify the COUNTY and/or any COUNTY AGENT(S), and that the provisions of Paragraphs 14, 15, and 16 of this Agreement, will apply if the COUNTY and/or COUNTY AGENT(S) are brought into any labor dispute between the CITY and any of its bargaining units or other labor organizations as a result of CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. The term labor dispute shall include, but not be limited to, unfair labor practices, actions for breach of contract, or any other labor dispute arising as a result of CITY POLICE OR FIRE DISPATCH SERVICES being provided to the CITY. 31. This Agreement, consisting of nine (9) pages, sets forth the entire contract and understanding between the COUNTY and the CITY and fully supersedes any and all prior contracts, agreements or over any actual or apparent conflict with any term or condition in such a lease. It is further understood and agreed that the terms of this Agreement are contractual and are not a mere recital and that there are no other contracts, understandings, or representations between the COUNTY and the CITY in any way related to the subject matter hereof, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. This Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council in accordance with the procedures set forth herein. 32. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY and the CITY hereby agree and promise to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, WILLIAM T. ROBERTS, Mayor, for the CITY OF WALLED LAKE, hereby acknowledges that he has been authorized by a resolution of the WALLED LAKE City Council (a certified copy of which is attached) to execute this Agreement on behalf of THE CITY OF WALLED LAKE and hereby accepts and binds the CITY OF WALLED LAKE to the terms and conditions of this Agreement on this ______ day of _______________, 2009. WITNESSES: ____________________________________ ____________________________________ CITY OF WALLED LAKE, a Michigan Municipal Corporation BY: ________________________________ WILLIAM T. ROBERTS Mayor BY: ________________________________ CATHERINE BUCK Clerk 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 amendment to the Current Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this ______ day of _______________, 2009. WITNESS: ____________________________________ COUNTY OF OAKLAND, a Michigan Municipal Corporation BY: ________________________________ Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the OAKLAND COUNTY SHERIFF, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement on this ______ day of _______________, 2009. WITNESS: ____________________________________ OAKLAND COUNTY SHERIFF, a Michigan Constitutional Officer BY: _______________________________ Michael J. Bouchard, Oakland County Sheriff Commissioners Minutes Continued. August 12, 2009 516 FISCAL NOTE (MISC. #09158) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – POLICE AND FIRE DISPATCH SERVICE FOR THE CITY OF WALLED LAKE - SEPTEMBER 1, 2009 THROUGH MARCH 31, 2012 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 City of Walled Lake has requested to enter into contract with the Sheriff’s Office per established policy by the Oakland County Board of Commissioners permitting entering into contract with Townships, Villages and Cities for the purpose of providing Sheriff dispatch services. 2. The City of Walled Lake has requested to enter into a 31 month contract agreement with the Sheriff’s Office for fire and police dispatch services to begin September 1, 2009 through March 31, 2012. 3. This resolution creates two (2) additional Dispatch Specialist positions due to additional workload for the City of Walled Lake and the City of Wolverine Lake. 4. The contract rates are established for the period of April 1 thru March 31 and the annual rate is $77,320 for 2009, $79,648 for 2010, and $82,040 for 2011. 5. Budget estimates based on fiscal years ending September 30 are $6,443 for FY 2009, $78,484 for FY 2010, $80,844 for FY 2011 and $82,040 for FY 2012. 6. A budget amendment is recommended to the FY 2009 Budget for one month of costs and to the FY 2010 – FY 2012 County Executive Recommended for annual costs as follows: GENERAL FUND (#10100) Revenue FY 2009 FY 2010 FY 2011 FY 2012 4030501-116230-630539-40500 Dispatch Rev. $6,443 $78,484 $80,844 $82,040 Total Revenues $6,443 $78,484 $80,844 $82,040 Expenditures 4030501-116230-702010 Salaries $ 5,868 $70,418 $70,418 $70,418 4030501-116230-722740 Fringe Benefits 3,304 40,490 40,490 40,490 4030501-116230-712020 Overtime (2,812) (33,424) ( 31,064) (29,868) 4030501-116230-750581 Uniforms 83 1,000 1,000 1,000 Total Expenditures $ 6,443 $78,484 $80,844 $82,040 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, 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 amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance Committee. REPORT (MISC. #09169) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION FOR LAW LIBRARY COLLABORATION WITH THOMAS M. COOLEY LAW SCHOOL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on August 5, 2009 reports with the recommendation the resolution be adopted. Commissioners Minutes Continued. August 12, 2009 517 Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE REPORT (MISC. #09169) BY: Finance Committee, Tom Middleton Chairperson IN RE: BOARD OF COMMISSIONERS - AUTHORIZATION FOR LAW LIBRARY COLLABORATION WITH THOMAS M. COOLEY LAW SCHOOL Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed the above referenced resolution and reports: 1. Resolution authorizes the contract between the County and Thomas M. Cooley Law School to operate the public law library. 2. The County will retain with General Fund support (1) Law Library Technician position #3268 and one (1) Library Technician I (#07357) effective October 1, 2009 through September 30, 2010 at a net cost of $104,977 for salaries and fringe benefits. 3. There will be ongoing annual operating costs of $155,144 to maintain a public presence in the Courthouse. 4. The total cost is $260,121 for FY 2010 and $129,541 for FY 2011 and FY 2012. 5. The County Executive Recommended Budget did not include these costs therefore, an amendment will be offered at the August 27th Board of Commissioners’ budget hearing before the Finance Committee. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #09169 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION FOR LAW LIBRARY COLLABORATION WITH THOMAS M. COOLEY LAW SCHOOL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners (Board) adopted Miscellaneous Resolution #09107, which authorized negotiations to proceed with Thomas M. Cooley Law School, with a goal of providing enhanced public law library services to the constituents and users of the Adams Pratt Collection; and WHEREAS the Board and County Administration find that it is in the best interest of the taxpayers of Oakland County and the users of the Adams Pratt Library to enter into mutually beneficial collaboration with the Thomas M. Cooley Law School to avoid unnecessary duplication of law library services, while simultaneously promoting the widest public use of legal books, manuscripts, materials and facilities; and WHEREAS the County negotiating team successfully arrived at a mutually beneficial agreement for collaboration, which is being presented to the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners applauds the negotiation team for its efforts and accepts its recommendation to enter into a collaborative agreement between Oakland County and the Thomas M. Cooley Law School which will decrease the County’s funding obligations while improving access to law library services for the public. BE IT FURTHER RESOLVED that the Board of Commissioners hereby authorizes the attached agreement between Oakland County and the Thomas M. Cooley Law School, effective October 1, 2009. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is authorized to execute the attached contract on behalf of the Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE This Agreement for public law library services is between Oakland County (County), a Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and The Thomas M. Cooley Law School (Cooley), a private, non profit educational corporation, 300 S. Capitol Avenue, P.O. Box 13038, Lansing, MI 48901. In this Agreement, the County and Cooley may also be referred to individually as a Party or jointly as Parties. Commissioners Minutes Continued. August 12, 2009 518 1. Purpose. The County and Cooley enter into this Agreement to establish the terms and conditions by which Cooley will acquire a substantial portion of the County’s Law Library, known as the Adams Pratt Collection (the Collection), to be housed at Cooley’s Auburn Hills, Michigan location. In consideration for acquiring the Collection, Cooley will provide on going maintenance and support for the collection, and provide the County with law library access for the public, members of the bar, and county employees for legal research purposes. Cooley will also provide expanded library hours, other enhanced library services and a broad range of legal materials to Law Library users not currently available to users of the County’s Law Library. The arrangement set forth in this Agreement will allow for coordination and cooperation in providing access to legal information, will avoid unnecessary duplication of the services and materials provided by a public law library, will promote wider public use of law library materials and facilities in Oakland County, and thereby promote and ensure access to justice for the citizens of the County and region. 2. Effective Date. This Agreement shall be effective when signed by an authorized representative of Cooley and authorized by resolution of the Oakland County Board of Commissioners, and shall continue until terminated or cancelled as provided herein. Approval of this Contract shall be entered into the official minutes of the Oakland County Board of Commissioners and shall be filed with the Oakland County Clerk’s Office. 3. County and Cooley’s Responsibilities. 3.1. The County transfers, to Cooley, for use at its Auburn Hills campus, the unencumbered ownership of books, journals, legal research materials, microfiche and other items in the Adams Pratt Collection, which will be listed in Appendix A and incorporated into this Agreement by reference. 3.2. The County transfers, to Cooley, for use at its Auburn Hills campus, the unencumbered ownership of the shelving or other personal property currently housing the collection. 3.3. Cooley, promptly upon execution of this Agreement, shall collaborate with the County in arrange for packing and moving the items identified in paragraphs 3.1 and 3.2 from the County to its Auburn Hills campus, where the Collection shall be housed. The cost of packing and moving the identified items shall be shared equally by the Parties. The County’s contribution may be in the form of labor, transport or similar services. 3.4. Cooley shall retain and permanently acknowledge the Adams-Pratt name with the Collection or any part or portion of the Collection that it retains according to the terms of this Agreement. 3.5. Upon execution of this Agreement, Cooley assumes all responsibility for purchasing and providing any insurance that Cooley, in its sole discretion, considers necessary to protect the value or replacement value of the items. 3.6. Cooley shall have sole discretion regarding whether to maintain a legal resource “as is” at the time of transfer, continue to update the resource, replace it, or discontinue it. Cooley assumes all responsibility for procuring any and all updates and for their cost. If a legal resource already exists at the Auburn Hills campus, Cooley may relocate a copy to another Cooley location. 3.7. The County will provide two (2) full time library staff members, at the County’s expense, for one year from the effective date of this Agreement. The staff members will be County employees who will assist in the transition of the library from its present location on the County’s campus to its new location on Cooley’s Auburn Hills Campus. The employees will provide orientation about the Adams Pratt collection to Cooley staff, collaborate with Cooley staff in providing service to the public and handling the increased volume of public traffic that this agreement contemplates, provide oversight of the four (4) public Westlaw terminals transferred to Cooley as part of the collection and perform other work consistent with the requirements of an operating law library with public access. The County employees will work under the control and direction of and be accountable to Cooley librarians. 3.8. Upon Cooley’s request, the County will provide up to four (4) public access computer terminals, one printer and up to four (4) subscriptions to Westlaw, whose scope and limitations will be set forth in Appendix B, for a period of three years from the effective date of this Agreement, for use by the general public. The County shall retain ownership of the terminals and printers and shall be the named Westlaw licensee. Cooley shall be responsible for providing maintenance and support for the computer terminals, and shall keep them in good working order. After three years, unless otherwise agreed by the Parties, Cooley will assume ownership of the public access Commissioners Minutes Continued. August 12, 2009 519 computers terminals and shall be solely responsible for providing public access to electronic legal resources, at its cost and according to its policies and procedures. 3.9. Ensuring Access to Justice and Legal Resources. 3.9.1. In consideration for the transfer of ownership of the items listed in Appendices A and B and the other services or benefits the County will provide under this Agreement, Cooley will permit reasonable public access to all of its law libraries during normal library business hours. The public will be granted access to all general legal resources in Cooley’s law libraries in addition to those which comprise the Collection. The public will be granted access to other library services, including, by way of example and not limitation, access to public computer terminals identified in this Agreement and other computer terminals maintained by Cooley, access to and use of printers and copiers, at fees normally charged to its students, assistance by library staff, and access to historical material. Notwithstanding the preceding sentences, while Cooley agrees to make every effort to reasonably accommodate members of the public, Cooley retains control over policies and procedures regarding all aspects of the operation of its libraries. 3.9.2. If Cooley determines that maintaining public access to its library is unworkable, regardless of the reason, Cooley shall advise the County and work with the County to resolve identified problems and ensure continuing public access to legal resources to promote and ensure access to justice. 3.9.3. Regarding public use of Cooley’s library facilities, resources, and the Collection, Cooley shall not discriminate against any member of the public in violation of applicable State or Federal law or otherwise limit access to legal information and resources on account of an individual’s race, creed, color or other attribute or characteristic which would make the person or persons members of a protected class. 3.9.4. Cooley will position the public access computer terminals in a location that is easily accessible to the public and maintain prominent markings that they are not for Cooley student use. Cooley will provide the public with reasonable access to printers and copiers for a reasonable fee consistent with the printing and duplicating fees it charges Cooley students. 3.9.5. Cooley will provide adequate free parking for the public to access and use the Auburn Hills campus library. 3.9.6. Cooley may ask library patrons for identification or affiliation for statistical and safety purposes, but Cooley will release to the public, if at all, only compiled or summary information about public use of the collection as may be required. 4. Disclaimers and Limitations of Liability. 4.1. All items whose ownership is transferred to Cooley are provided AS IS. The County makes no warranties of any kind as to their condition, value, or suitability for a particular purpose, except that the County warrants title of all items transferred to Cooley. Cooley assumes all responsibility, including any and all liability, both now and in the future, for inspecting, maintaining, storing, updating and using or permitting the use of such items. The County shall have no obligation to replace or repair any item whose ownership is transferred to Cooley. 4.2. Except as specifically provided elsewhere in this Agreement, nothing in this Agreement is or shall be construed as creating any obligation of any type whatsoever for the County to contribute, in any way, to the costs associated with the operation of the Cooley libraries. Any and all costs associated with the operation of the Cooley libraries, including, by way of example and not limitation, the costs of insurance, building operation and maintenance, maintenance or replacement of legal resources housed at the library, staffing the library, parking, lighting, and security are and shall remain Cooley’s sole and exclusive obligation. 4.3. Each Party shall be responsible for its own acts and the acts of its employees, agents and subcontractors, the costs associated with those acts and the defense of those acts. 4.4. In the event of any alleged breach, wrongful termination or any default of any term or condition of this Agreement, neither Party shall be liable to the other for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs, any loss of income or revenue, or any failure to meet any obligation under any applicable State laws, Local Ordinances or any other economic benefit or harm that the Party may have realized, but for any alleged breach, wrongful termination, default or cancellation of this Agreement. Commissioners Minutes Continued. August 12, 2009 520 5. County Option at Time of Item Disposal or Disposition. Cooley may, in its sole discretion, determine, at any time after it assumes ownership of and responsibility for the items transferred by this Agreement, that it intends to dispose of any portion of the Collection. Cooley shall notify the County of the decision no less than 60 days before the estimated disposal or disposition date and identify the items with specificity. The County shall have the first right to refuse transfer of ownership from Cooley. If the County accepts transfer of ownership, the County’s sole obligation to Cooley shall be for the costs of packing and relocating the items to a site chosen by the County. If the County declines the option to reassume ownership of the items, any other method of disposition or disposal shall be entirely at Cooley’s discretion and expense. 6. Term of Agreement and Effective Date. This Agreement shall begin on the date it is authorized by resolution of the Oakland County Board of Commissioners and signed by its Chairman and a duly authorized representative of Cooley, upon obtaining the approval of Cooley’s governing body. It shall continue in perpetuity unless Cooley gives the County written notice that Cooley intends to terminate or otherwise substantially limit public access to its libraries. Such notice shall be given to the County at least 180 days before the date on which Cooley will terminate or substantially reduce library access or services to the public. If Cooley determines to terminate or substantially reduce library access or services to the public, the County may, at its sole discretion, accept the return of all or any part of the Collection still in Cooley’s possession at the time. 7. Force Majeure. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond the Party’s control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstance beyond the reasonable control of the affected Party. Reasonable notice shall be given to the other Party of any such event. 8. In Kind Services. This Agreement authorizes only those in-kind services specified herein. 9. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 10. Captions. The subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to gender, and any nominative or possessive use in a word or words in this Agreement shall be deemed appropriate as the context requires. 11. Notices. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail, postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: 1) the date of actual receipt; 2) the next business day when notice is sent express delivery service or personal delivery, or 3) three days after mailing first class or certified U.S. mail. 11.1. If notice is sent to the County, it shall be addressed and sent to: Oakland County Corporation Counsel 1200 N. Telegraph Rd., Dept. 419 Pontiac, Michigan 48341-0419 11.2. If notice is sent to Cooley, it shall be addressed and sent to: Kathleen A. Conklin Vice President for Finance and Chief Financial Officer Thomas M. Cooley Law School 300 South Capitol Avenue P.O. Box 13038 Lansing, MI 48901 12. Governing Law/Consent to Jurisdiction and Venue. This Agreement shall be governed, interpreted and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the Fiftieth District Court of the State of Michigan, or the United States District Court for the Eastern District of Commissioners Minutes Continued. August 12, 2009 521 Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 13. Agreement Modifications or Amendment. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, rescission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties’ governing bodies. 14. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutions, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the parties. 15. Compliance with Laws. Each Party shall comply with all federal, state, and local laws, statutes, ordinances, regulations, administrative rules and requirements applicable to its activity performed under this Agreement. 16. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the parties regarding the transfer of substantially all of the Adams Pratt Law Collection from the County to Cooley. The language in this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and to bind the Parties to the conditions contained herein. THOMAS M. COOLEY LAW SCHOOL By: _______________________________ Dated: ___________________________ Don LeDuc, President and Dean OAKLAND COUNTY By: _______________________________ Dated: ___________________________ Bill Bullard, Chair, Oakland County Board of Commissioners Moved by Taub supported by Potter the resolution be adopted. Moved by Taub supported by Potter the Finance Committee Report and the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Discussion followed. Vote on resolution: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (22) NAYS: Burns. (1) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #09145) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4785 & 4786 TO PROVIDE UNEMPLOYMENT BENEFITS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on August 3, 2009, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. August 12, 2009 522 MISCELLANEOUS RESOLUTION #09145 BY: Commissioner Gary McGillivray, District #24, David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILLS 4785 & 4786 TO PROVIDE UNEMPLOYMENT BENEFITS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the American Recovery and Reinvestment Act 2009, enacted several changes concerning unemployment insurance benefits for displaced workers; and WHEREAS among the changes are a number of provisions aimed at encouraging states to “modernize” their unemployment insurance programs by increasing benefits and expanding eligibility, for which states were offered $7 billion to assist in the cost of funding these changes; and WHEREAS House Bills 4785 and 4786 propose to enact amendments to the Michigan Employment Security Act to provide unemployment benefits to individuals who are available for and seeking only part- time work, and to provide extended benefits to individuals who exhaust regular benefits and are enrolled in an approved job training program; and WHEREAS enactments of these provisions would enable the state to receive additional federal funding made available under the federal American Reinvestment and Recovery Act of 2009; and WHEREAS House Bill 4785 amends the Michigan Employment Security Act (MCL 421.27) to provide up to an additional 26 weeks of UI benefits to individuals who exhaust regular benefits (up to 26 weeks) during the period they are enrolled and satisfactorily completing an approved job training program, including programs authorized under the federal Workforce Invest Act; and WHEREAS House Bill 4786 amends the Michigan Employment Security Act (MCL 421.28) to provide that for benefit years beginning after January 1, 2010, if a majority of weeks in an individual’s base period include part-time work, an otherwise eligible individual could not be denied benefits for any week solely because the individuals is available only for part-time work; seeking only part-time work; or refuses an offer of full-time work; and WHEREAS the federal Department of Labor - Employment and Training Administration (DOL-ETA) has indicated that Michigan's share for enacting these provisions is $138.9 million; and WHEREAS House Bills 4785 and 4786 have both been passed in the House and have been referred to the Senate Committee on Commerce and Tourism; and WHEREAS according to the U.S. Department of Labor, in May 2009, the unemployment level in Oakland County was 12.4%; and WHEREAS in May 2009, the Michigan Department of Human Services projected that Oakland County is expected to have nearly 11,000 unemployed people exhaust their current unemployment benefits between May and December of 2009; and WHEREAS unemployment benefits are essential to help Oakland County workers who have lost their jobs and who are trying to meet their financial obligations while riding out these tough economic times; and WHEREAS the economic environment in Oakland County will be worsened if state legislation is not adopted that will allow access to $138.9 million in federal stimulus that has been made available to Michigan’s unemployed workers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby finds that it would be beneficial to the people and economy of Oakland County to leverage the $138 million in federal stimulus money for worker retraining and extended unemployment benefits. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports House Bill 4785 and House Bill 4786 and urges their quick passage in the Michigan Legislature. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs the Oakland County Board of Commissioners’ lobbyist, Public Affairs and Associates to work towards the adoption of House Bills 4785 and House Bills 4786. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, Representative Richard Hammel, Representative Bert Johnson, the Senate Committee on Commerce and Tourism, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland Counties Legislative Lobbyists. Commissioners Minutes Continued. August 12, 2009 523 Chairperson, we move the adoption of the foregoing resolution. GARY McGILLIVRAY, DAVID WOODWARD, ERIC COLEMAN, JIM NASH, HELAINE ZACK, MARCIA GERSHENSON, JANET JACKSON, TIM BURNS, DAVID COULTER, TIM GREIMEL Copy of Legislative Analysis on file in County Clerk’s office. Moved by Taub supported by Middleton to refer the resolution to the Finance Committee. As a point of order, Commissioner Schwartz questioned why the resolution was being referred to the Finance Committee. Discussion followed. Nancy Scarlet, Director of Human Resources, addressed the Board and answered questions. Vote on referral: AYES: Douglas, Gingell, Gosselin, Jacobsen, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard. (11) NAYS: Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman. (12) A sufficient majority not having voted in favor, the motion to refer the resolution to the Finance Committee failed. Chairperson Bill Bullard, Jr. called for a recess at 8:06 p.m. to consult with Judy Cunningham, Corporation Counsel, Minority Caucus Chairperson David Coulter, Commissioner Tim Greimel, Vice Chairperson Michael Gingell and Nancy Scarlet, Director of Human Resources. Chairperson Bill Bullard, Jr. called the meeting to order at 8:29 p.m. Discussion followed. Moved by McGillivray supported by Coleman the resolution be adopted. Discussion followed. Vote on resolution: AYES: Douglas, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Potter, Schwartz, Scott, Taub, Woodward, Zack, Burns, Coleman, Coulter. (16) NAYS: Gingell, Gosselin, Jacobsen, Middleton, Potts, Runestad, Bullard. (7) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09170 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF BIRMINGHAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and Commissioners Minutes Continued. August 12, 2009 524 WHEREAS the City of Birmingham is requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Birmingham to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the City of Birmingham to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and City of Birmingham. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement between the City of Birmingham and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09171 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF AUBURN HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the City of Auburn Hills is requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Auburn Hills to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the City of Auburn Hills to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and City of Auburn Hills. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement between the City of Auburn Hills and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. August 12, 2009 525 MISCELLANEOUS RESOLUTION #09172 BY: Human Resources Committee, Chairperson Sue Ann Douglas IN RE: BOARD OF COMMISSIONERS – PER DIEM RATE FOR MICHIGAN DEPARTMENT OF HUMAN SERVICES – OAKLAND COUNTY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 280 of 1939 – the Social Welfare Act – provides for the creation of a county family independence agency; and WHEREAS a three member Michigan Department of Human Services Board is established in Oakland County, with two members being appointed by the Oakland County Board of Commissioners and one member who is appointed by the Governor; and WHEREAS Public Act 280 of 1939 [MCL 400.46(5)] provides that the “members of the board shall be reimbursed for necessary travel and other expenses, and shall be paid such amount as shall be fixed by the board of commissioners or board of county auditors”; and WHEREAS the authorized compensation has been set at $2,000 for the chairperson and $1,500 for each member; and WHEREAS presently the compensation is treated as a salary and issued to each member regardless of their meeting attendance; and WHEREAS a preferred mechanism for compensation would be on a per diem basis, which provides accountability and a process for fiscal oversight; and WHEREAS the Michigan Department of Human Services – Oakland County Board generally meets on a monthly basis and therefore the calculated per diem rate should be $166.67 per meeting for the Chairperson and a per diem rate of $125.00 per meeting for other board members; with the per annum amounts of $2,000.04 and $1,500.00 (respectively) remaining unchanged. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a per diem rate for the Michigan Department of Human Services – Oakland County Chairperson and Board Members. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby establishes the per diem rate for the Chairperson of the Michigan Department of Human Services – Oakland County Board shall be $166.67 per meeting, with the annual sum not to exceed $2,000.04. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby establishes the per diem rate for the members of the Michigan Department of Human Services – Oakland County Board shall be $125.00 per meeting, with the annual sum not to exceed $1,500.00. BE IT FURTHER RESOLVED that the attendance recording and payroll processing shall comply with the policies and procedures established by Oakland County. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Michigan Department of Human Services – Oakland County Board and Oakland County Fiscal Services. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #09172) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – PER DIEM RATE FOR MICHIGAN DEPARTMENT OF HUMAN SERVICES – OAKLAND COUNTY BOARD 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 resolutions and finds: 1. Public Act 280 of 1939 – the Social Welfare Act – provides for the creation of a county Family Independence Agency. 2. A three member Michigan Department of Human Services board was established in Oakland County and meets on a monthly basis with a per diem rate of $166.67 per meeting for the Chairperson and a per diem rate of $125.00 per meeting for each of the two (2) members. Commissioners Minutes Continued. August 12, 2009 526 Members of the board are reimbursed for necessary travel and other expenses, and shall be compensated annually $2,000.04 for the chairperson and $1,500.00 for each member. 3. Funding has been included in the FY 2010 – FY 2012 County Executive Recommended Budget for salaries and a portion of fringe benefits for the Chairperson and two members of the Michigan Department of Health Board. 4. A budget amendment is recommended to the FY 2010 – FY 2012 County Executive Recommended Budget as follows to reappropriate funds from salaries to per diem and recognize fringe benefits savings: GENERAL FUND (#10100) FY 2010 – FY 2012 1060101-135000-702010 Salaries ($5,000) 1060101-135000-722770 Fringe Benefits ( 1,917) 1060101-135000-702110 Per Diem 5,000 9090101-196030-730359 Contingency 1,917 Total $ 0 FINANCE COMMITTEE Moved by Douglas supported by Gosselin the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #09173 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FY 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2009, which includes the following classification changes: Salary Grade Classification From To Position Number Director – Elections 16 16 2010301-01186 Victim Rights Leader 9 9 4010101-05784 Victim Advocate 8 8 4010101-05783 4010101-05785 4010101-07183 4010101-09647 4010201-07182 BE IT FURTHER RESOLVED that the following classification be retitled with no change in factors or salary: Trails & Recreation Planner to Recreation & Trails Planner Commissioners Minutes Continued. August 12, 2009 527 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. 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. Commissioners Minutes Continued. August 12, 2009 528 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. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #09155) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The American Recovery and Reinvestment Act of 2009 (ARRA) provides the County with a new economic development tool 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.” 2. Conditions set forth in the ARRA for qualification of a geographic area as a “Recovery Zone” exist throughout Oakland County. 3. The resolution designates Oakland County as a “Recovery Zone” within the meaning of the American Recovery and Reinvestment Act of 2009. 4. Recovery Zone Economic Development Bonds can be issued only during 2009 and 2010. 5. Individual projects will be brought to the Board of Commissioners for approval prior to bond sales. 6. No budget amendment is recommended. FINANCE COMMITTEE Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coulter the resolution be amended to add: BE IT FURTHER RESOLVED that Oakland County and its Economic Development Corporation will only issue RZEDBs to fund projects in municipalities with at least one of the three following characteristics: 1. The municipality’s poverty rate is higher than the overall poverty rate throughout Oakland County. 2. The municipality’s unemployment rate is higher than the overall unemployment rate throughout Oakland County. 3. The municipality’s foreclosure rate is higher than the overall foreclosure rate throughout Oakland County. Discussion followed. Maureen Krauss, Director of Economic Development and Community Affairs, addressed the Board and answered questions. Discussion followed. As a point of order, Commissioner Burns asked for clarification on whether the resolution being discussed was for private economic development or for municipal bonds. Discussion followed. As a point of order, Commissioner Greimel withdrew his amendment and stated that he would like to recess to draft a new amendment. Commissioner Coulter supported. Commissioners Minutes Continued. August 12, 2009 529 Chairperson Bill Bullard, Jr. called for a recess at 9:20 p.m. Chairperson Bill Bullard, Jr. called the meeting to order at 9:39 p.m. Moved by Greimel supported by Coulter the resolution be amended to add: BE IT FURTHER RESOLVED that Oakland County and its Economic Development Corporation will reserve 50% of their total RZEDB bonding capacity authorized by this resolution to fund projects in municipalities with at least one of the three following characteristics: 1. The municipality’s poverty rate is higher than the overall poverty rate throughout Oakland County. 2. The municipality’s unemployment rate is higher than the overall unemployment rate throughout Oakland County. 3. The municipality’s foreclosure rate is higher than the overall foreclosure rate throughout Oakland County. BE IT FURTHER RESOLVED that, if any portion of the 50% of bonding capacity reserved for the communities meeting the above criteria remains undesignated for projects six months after the date of this resolution’s passage, that bonding capacity may be used anywhere in Oakland County. BE IT FURTHER RESOLVED that, if the 50% reservation jeopardizes any specific project(s), the County Executive’s administration shall inform the Board of Commissioners so that the Board may consider adjustments and revisions to this resolution. Maureen Krauss, Director of Economic Development and Community Affairs, addressed the Board and answered questions. Vote on amendment: AYES: Greimel, Hatchett, Jackson, McGillivray, Nash, Woodward, Zack, Coleman, Coulter, Gershenson. (10) NAYS: Gingell, Gosselin, Jacobsen, Middleton, Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Burns, Douglas. (13) A sufficient majority not having voted in favor, the amendment failed. Vote on resolution: AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09174 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and Commissioners Minutes Continued. August 12, 2009 530 WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Cranbrook Educational Community Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Area as designated by the EDC. BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Cranbrook Educational Community City of Bloomfield Hills EDC No. 09-02 on file in County Clerk’s office. Moved by Scott supported by Taub the resolution be adopted. Discussion followed. Vote on resolution: AYES: Hatchett, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. (21) NAYS: Greimel, Jackson. (2) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09175 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Cranbrook Educational Community Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appointments of Linda Kane and Herbert Fisher, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. Commissioners Minutes Continued. August 12, 2009 531 BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Additional Directors to the EDC by the County Executive for the Cranbrook Educational Community Project on file in County Clerk’s office. Moved by Potts supported by Taub the resolution be adopted. Discussion followed. Vote on resolution: AYES: Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. 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. 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. Commissioners Minutes Continued. August 12, 2009 532 Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #09160) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS - CONTRACT EXTENSION WITH HAVEN, INC. TO PROVIDE SERVICE 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes an extension of the agreement between Oakland County and HAVEN, Inc. to provide County residents who are victims of sexual assault or rape with examinations, counseling services and courtroom support through the START program. 2. The contract shall not exceed $30,000 per year. The cost per complete forensic exam is $200. 3. The contract shall be effective from October 1, 2009 through September 30, 2012. 4. The County Executive Recommended Budget for FY 2010, FY 2011 and FY 2012 includes funding for this contract. 5. No additional appropriation is required. FINANCE COMMITTEE Moved by Woodward supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Taub the resolution be amended as follows: Add the following paragraph between the 2nd and the 3rd BE IT FURTHER RESOLVED paragraphs: BE IT FURTHER RESOLVED that Oakland County will not ask HAVEN to renegotiate a lower rate, as other vendors have been asked to do. Vote on amendment: AYES: Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Moved by Zack supported by Greimel the Resolution, Fiscal Note and Contract be amended to reflect: 1. The cost of each complete forensic exam is increased from $200 to $205. 2. Include a cost of living increase of 2% each year of the contract. Discussion followed. Moved by Gosselin supported by Potts to amend Commissioner Zack’s amendment as follows: Strike line #2 of the amendment. Discussion followed. Chairperson Bill Bullard, Jr. stated that the Board would vote on Commissioner Gosselin’s amendment first, then if necessary, they would vote on Commissioner Zack’s amendment. Commissioners Minutes Continued. August 12, 2009 533 Vote on Gosselin’s amendment: AYES: Middleton, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin, Jacobsen. (10) NAYS: McGillivray, Nash, Potter, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (13) A sufficient majority not having voted in favor, the amendment failed. Vote on Zack’s amendment: AYES: Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (11) NAYS: Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin, Jacobsen, McGillivray. (12) A sufficient majority not having voted in favor, the amendment failed. Vote on resolution, as amended: AYES: Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. REPORT (MISC. #09159) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #09159 on August 5, 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 #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. Commissioners Minutes Continued. August 12, 2009 534 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 FISCAL NOTE (MISC. #09159) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/VETERANS’ SERVICES DIVISION DELETION OF ONE VETERANS’ BENEFIT COUNSELOR III POSITION 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 Public Services Department, Veterans’ Services Division, has proposed a plan to reduce costs to meet their budget task for FY 2010, 2011 and 2012. 2. The Veterans’ Services Division proposes the deletion of one (1) GF/GP Veterans’ Benefit Counselor III position effective 10/01/2009. 3. A budget amendment for FY 2010, 2011 and 2012 is recommended as follows to reflect the deletion of the position: GENERAL FUND (#10100) FY 2010 FY 2011 FY 2012 Expenditures 1070301-132050-702010 Salaries Reg.(Vet Client Svc) ($51,109) ($51,109) ($51,109) 1070301-132050-722750 Worker’s Compensation ( 114) ( 114) ( 114) 1070301-132050-722760 Group Life ( 186) ( 186) ( 186) 1070301-132050-722770 Retirement ( 16,064) ( 16,064) ( 16,064) 1070301-132050-722780 Hospitalization ( 10,878) ( 10,878) ( 10,878) 1070301-132050-722790 Social Security ( 3,910) ( 3,910) ( 3,910) 1070301-132050-722800 Dental ( 1,259) ( 1,259) ( 1,259) 1070301-132050-722810 Disability ( 204) ( 204) ( 204) 1070301-132050-722820 Unemployment Insurance ( 102) ( 102) ( 102) 1070301-132050-722850 Optical ( 107) ( 107) ( 107) 1010101-181000-740023 Budget Transition 83,933 83,933 83,933 Total General Fund $ -0- $ -0- $ -0- FINANCE COMMITTEE Moved by Potter supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Jackson, Jacobsen, McGillivray, Middleton, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Douglas, Gingell, Gosselin, Hatchett. (17) NAYS: Nash, Woodward, Coleman, Coulter, Gershenson, Greimel. (6) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. Commissioners Minutes Continued. August 12, 2009 535 MISCELLANEOUS RESOLUTION #09176 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF U.S. CONGRESS COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200 To the Oakland County Board of Commissioners Chairman, Ladies, and Gentlemen: WHEREAS the United States is struggling through a severe, economic recession that is negatively affecting families of all income levels, causing a decrease in those income levels; and WHEREAS Oakland County Officials are elected to protect the health and welfare of their constituents; and WHEREAS the Health system in the United States is not perfect, but it is the best system in the world that even draws people from all over the world to come and seek their health solutions here; and WHEREAS we in the United States are always seeking to improve our health system here; and WHEREAS enacting the HB 3200 legislation is not only in the wrong direction in an attempt to make the world’s best health care system even better, but it would essentially destroy it; and WHEREAS the additional astronomical cost of enacting HB 3200 would likely be a burden too big for this county to bear, possibly taking this county into or near bankruptcy; and WHEREAS under this new HB 3200 system, fewer doctors, nurses and medical personnel will be available for caring for the increased number of people of the United States and the world because of governmental oversight as seen in other counties all over the world. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges the 111th Congress of the United States NOT to enact comprehensive health reform legislation HB 3200. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests the Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to the National Association of Counties (NACo) Health System Reform Group chaired by (NACo) President Valerie Brown, as well as our two Michigan U.S. Senators and all U.S. Congressional Representatives that represent any part of Oakland County in Washington D.C. Chairperson, we move the adoption of the foregoing resolution. ROBERT GOSSELIN, SHELLEY TAUB, BRADFORD JACOBSEN, SUE ANN DOUGLAS, THOMAS MIDDLETON, JIM RUNESTAD, MICHAEL GINGELL, JEFF POTTER, JOHN SCOTT, DAVID POTTS, BILL BULLARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #09177 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY DISCONTINUATION OF NACO MEMBERSHIP FEES To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Oakland County, Michigan and the United States is struggling through a severe, economic recession that is negatively affecting families of all income levels, causing a decrease in those income levels; and WHEREAS Oakland County Officials are elected to protect the health and welfare of their constituents; and WHEREAS the Health system in the United States is not perfect, but it is the best system in the world that even draws people from all over the world to come and seek their health solutions here; and WHEREAS the National Association of Counties (NACo) is trying to undermine our health system grid by asserting its organization and asking all counties in America to support the new unsound and ill-advised legislation in Congress (HB 3200); and WHEREAS Oakland County pays tax dollars to be a member of this organization (NACo); and Commissioners Minutes Continued. August 12, 2009 536 WHEREAS the Oakland County Board of Commissioners calls on NACo to take a neutral stand on HB 3200. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests NACo to remove Oakland County, Michigan from its membership list until a neutral stand is adopted by its organization on HB 3200. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests the Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to the National Association of Counties (NACo) Health System Reform Group chaired by (NACo) President Valerie Brown, as well as to our two Michigan U.S. Senators and U.S. Congressional Representatives that represent any part of Oakland County in Washington D.C. Chairperson, we move the adoption of the foregoing resolution. ROBERT GOSSELIN, SUE ANN DOUGLAS, JOHN SCOTT, DAVID POTTS The Chairperson referred the resolution to the General Government 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 #09178 BY: Commissioners Bill Bullard, Jr., District #2, Michael Gingell, District #3 and David Potts, District #20 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MICHIGAN’S PROPOSAL FOR COMPREHENSIVE CONSOLIDATED PUBLIC EMPLOYEE HEALTH CARE REFORM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is widely recognized that because the State of Michigan faces a 2010 fiscal year deficit of more than $1.7 billion, structural budgetary changes are needed; and WHEREAS employees and retirees across Michigan participate in hundreds of different health care plans offered by the state as well as counties, cities, townships, school districts and other local units of government. Each plan differs in costs and quality and assesses its own administrative fees; and WHEREAS Michigan Speaker of the House Andy Dillon announced a proposal to provide a major overhaul of Michigan's state employee health care system that is expected to yield close to $1 billion in savings annually; and WHEREAS because Michigan is facing spiraling deficits and massive unemployment, reforming health care for public employees has never been more urgent and making the same plans available to everyone will save Michigan taxpayers $900 million a year, preserve health care coverage for workers and save jobs; and WHEREAS proposed changes in public sector active and retiree health care benefits could provide an opportunity to help the state reduce costs; specifically, changes that would centralize the oversight and administration of health care benefits, standardize benefits for all public sector employees, leverage an increased purchasing scale and position the state to have a stronger voice in ensuring that all residents receive medical care that conforms to recognized best practices; and WHEREAS the overhaul proposes to consolidate the hundreds of different plans serving Michigan's hundreds of thousands of public sector employees and retirees, allowing for huge administrative savings, competitive pricing to drive down costs and standardized benefits more closely aligned with those in the private sector; and WHEREAS the health care reform also proposes to ensure that all health care plans serving public sector employees and retirees follow best medical practices, which will increase patient safety and prevent unnecessary treatment; and WHEREAS in Michigan, the state, counties, cities, school districts and other municipalities spend thousands of hours to individually negotiate and administer hundreds of unique health care plans for public sector employees and retirees; and WHEREAS consolidating the planning, delivery and administration of health care benefits, including negotiations and purchasing, will simplify the process and generate an estimated $65 - $75 million in annual savings across Michigan’s public sector. Commissioners Minutes Continued. August 12, 2009 537 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports a proposal for comprehensive consolidated health care reform for public employees and retirees that will accelerate efforts to streamline government and make lasting changes that achieve significant savings while protecting the jobs of workers and families. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners strongly urges the Michigan House and Senate to adopt and Governor Jennifer Granholm to sign into law comprehensive consolidated health care reform measures for public employees and retirees. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, Speaker of the House Andy Dillon, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland County’s Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, MICHAEL GINGELL, DAVID POTTS, TOM MIDDLETON, SHELLEY TAUB, BRADFORD JACOBSEN The Vice Chairperson referred the resolution to the General Government Committee. Commissioner Schwartz objected. Discussion followed. Vice Chairperson Michael Gingell stated that the Board will vote on sending the resolution to the General Government Committee. There must be 13 “no” votes to oppose referring a resolution to a committee. AYES: Potter, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin, Jacobsen, Middleton. (11) NAYS: Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (12) A sufficient majority not having voted in opposition, the resolution was referred to the General Government Committee. Chairperson Bill Bullard, Jr. resumed the chair. Commissioner Taub introduced a resolution regarding Substance Abuse and motioned to suspend the rules and vote on the resolution. Commissioner Hatchett objected stating the proper procedure was not followed, as it was not introduced at the Democratic Caucus. Discussion followed. Commissioner Taub withdrew the resolution. MISCELLANEOUS RESOLUTION #09179 BY: Commissioners Tim Greimel, Thomas F. Middleton, and David Coulter IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE CONTINUATION OF THE STATE FAIR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Fair opened in 1849 and has been located at its present site on the border between Wayne County and Oakland County since 1905; and WHEREAS the Michigan State Fair is the oldest state fair in our nation; and WHEREAS the Michigan State Fair has long provided unique, affordable, and family-oriented entertainment to residents throughout the Metro Detroit area; and WHEREAS the Michigan State Fair has long educated young people throughout the Metro Detroit area who live in urban and suburban communities about Michigan’s important $64 billion agricultural industry; and WHEREAS hundreds of thousands of people visit the Michigan State Fair every year; and Commissioners Minutes Continued. August 12, 2009 538 WHEREAS the Michigan State Fair is an especially important state recreational resource for southeastern Michigan due to the fact that only 11 of Michigan’s 98 state parks are located in Macomb, Oakland, and Wayne counties, and, while the three counties only have 11.2% of Michigan’s state parks, they comprise 40.7% of Michigan’s population according to the 2000 census; and WHEREAS the State of Michigan has long appropriated money to cover any budget shortfalls experienced by the Michigan State Fair; and WHEREAS the State of Michigan’s long-standing policy of covering budget shortfalls is critically important to providing long-term stability to the Michigan State Fair in order to help it to solicit private sponsorships and to obtain its long-term goals of financial independence and self-sufficiency; and WHEREAS in some recent years, the Michigan State Fair has turned a profit and not experienced any budget shortfall; and WHEREAS last year, the Michigan State Fair received $360,000 from the State of Michigan to cover a budget shortfall; and WHEREAS Governor Jennifer Granholm is proposing that the State of Michigan eliminate its long- standing practice of covering any budget shortfalls of the Michigan State Fair; and WHEREAS Governor Granholm is further proposing to permanently shut down the Michigan State Fairgrounds; and WHEREAS Governor Granholm’s proposals would deprive families in southeastern Michigan of unique, important, and affordable entertainment; and WHEREAS Governor Granholm’s proposals would likely result in a vacant eyesore along the border of Wayne County and Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the continuation of the State of Michigan’s financial support of the Michigan State Fair and opposes any and all proposals to end such support. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby supports the continued existence and operation of the Michigan State Fair and opposes any and all proposals to permanently shut down the Michigan State Fair. BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Jennifer Granholm and to all members of Michigan’s legislature. Chairperson, we move the foregoing resolution. TIM GREIMEL, THOMAS MIDDLETON, DAVID COULTER, ERIC COLEMAN, GARY McGILLIVRAY, MATTIE HATCHETT, HELAINE ZACK, MARCIA GERSHENSON, JANET JACKSON, JIM NASH, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #09180 BY: Commissioners Tim Greimel, Jim Runestad, Tim Burns, Steven Schwartz IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO 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 Commissioners Minutes Continued. August 12, 2009 539 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 that 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; and WHEREAS according to U.S. Citizenship and Immigration Services (USCIS), the federal E-Verify program is 99.6% accurate, instantaneous, and 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 Oakland County shall register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) when hiring new employees after September 8, 2009. BE IT FURTHER RESOLVED that Oakland County shall not hire any new employees after September 8, 2009 unless it utilizes the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) to verify the work authorization status of the newly hired employees. BE IT FURTHER RESOLVED that the County Executive shall formulate rules and procedures that include a clause that the County's Human Resources Department must implement the provisions of this resolution. 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 this E-Verify policy for employees as to its effectiveness, accuracy, and burden 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 implementation 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 of our nation’s immigration laws. Chairperson, we move the foregoing resolution. TIM GREIMEL, JIM RUNESTAD, TIM BURNS, STEVEN SCHWARTZ, ERIC COLEMAN, JIM NASH, DAVID COULTER, GARY McGILLIVRAY, HELAINE ZACK, MARCIA GERSHENSON, BILL BULLARD, DAVID WOODWARD, SHELLEY TAUB, JANET JACKSON, JEFF POTTER The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:31 p.m. to the call of the Chair or September 2, 2009, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson