HomeMy WebLinkAboutMinutes - 2009.09.02 - 7056542
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 2, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 7:06 p.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by Bradford Jacobsen.
Pledge of Allegiance to the Flag.
Moved by Gosselin supported by Greimel the minutes of the August 12, 2009 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be approved as printed.
Discussion followed.
Vote on Agenda:
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Chairperson Bill Bullard, Jr. welcomed County Executive L. Brooks Patterson. Mr. Patterson addressed
the Board and introduced City of Detroit Mayor Dave Bing. Mayor Bing addressed the Board and
answered questions from the Commissioners. Chairperson Bill Bullard, Jr. recognized State
Representative Gail Haines, and State Senator Michael Bishop, who addressed the Board.
Commissioners David Potts and Marcia Gershenson presented a Proclamation to Eleanor “Coco” Siewert
for her years of outstanding community service and giving spirit as an educator, civic leader and former
public official.
Commissioners Minutes Continued. September 2, 2009
543
The following people addressed the Board during public comment: Ryan Gesund, Eugene Pacetto, Alice
Benbow, Rebecca Clark, Reverend Timothy Larson, Joseph Barrera and Karl Striebel.
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on
page 596. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09181
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 CITY OF FERNDALE
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 City of Ferndale which has been
signed by its authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this
contract.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF FERNDALE (file maintenance)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF FERNDALE, (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 FERNDALE, a
Michigan Constitutional and Municipal Corporation whose address is 300 East Nine Mile Road, Ferndale,
Michigan 48220-1797 (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.
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544
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
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. September 2, 2009
545
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. The County will assist the Municipality's Assessor through the 2010 and 2011 tax
years in maintaining files by reviewing current open building permits for the
residential, commercial and industrial classification and submitting them to the
Assessor for final review.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance of
any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant
that, at all times and for all purposes relevant to this Contract, the County shall
remain the sole and exclusive employer of all County Agents and Equalization
Division Personnel and that the County shall remain solely and completely liable
for any and all County Agents' past, present, or future wages, compensation,
overtime wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
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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
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
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547
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
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.
Commissioners Minutes Continued. September 2, 2009
548
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 $6.00 each year for each real property description (file maintenance) rendered during the
life of this Contract. Payment for the contract year 2009-2010 is payable on or before July 1,
2010 and payment for the contract year 2010-2011 is payable on or before July 1, 2011.
If during the term of this Contract, there are additional services requested of the County, the
Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed under this
Contract. The Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
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549
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
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
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550
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
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:
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551
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
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
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552
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 Ferndale. 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 Ferndale and shall also be
filed with the office of the Clerk of the County and the Clerk for the City of Ferndale.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for
or against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or
requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract
to be delivered to either Party shall be sent to that Party by first class mail. All such written
notices, including any notice canceling or terminating this Contract as provided for herein, shall
be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at
the addresses shown in this Contract. All correspondence or written notices shall be considered
delivered to a Party as of the date that such notice is deposited with sufficient postage with the
U.S. Postal Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It
is further understood and agreed that the terms and conditions herein are contractual and are not
a mere recital and that there are no other agreements, understandings, contracts, or
representations between the County and the Municipality in any way related to the subject matter
hereof, except as expressly stated herein. This Contract shall not be changed or supplemented
orally and may be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
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553
IN WITNESS WHEREOF, Craig Covey, Mayor of the City of Ferndale, hereby acknowledges that he has
been authorized by a resolution of the City Council of Ferndale, 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: __________________
Craig Covey, Mayor
City of Ferndale
WITNESSED: ______________________________ DATE: __________________
J. Cherilynn Tallman, Clerk
City of Ferndale
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 596.)
*MISCELLANEOUS RESOLUTION #09182
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CLEMIS E-COMMERCE AGREEMENT
WITH DISTRICT COURTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the
Board of Commissioners in Miscellaneous Resolution #97165 dated August 14, 1997 adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master
Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003 which included a pricing
schedule for the payment of tickets, tax receivables and delinquent taxes as part of the strategic rollout of
a comprehensive eGovernment program; and
WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master
Fee Structure in Miscellaneous Resolution #07121, dated May 10, 2007; and
WHEREAS the Oakland County Board of Commissioners approved the current Access Oakland Master
Fee Structure in Miscellaneous Resolution # 09042, dated March 5, 2009; and
WHEREAS the Department of Information Technology created an E-Commerce System to allow persons
to pay for public records and make other payments owed to government entities via the Internet; and
WHEREAS each Michigan District Court pursuant to the laws of the State of Michigan, including, but not
limited to, the Revised Judicature Act of 1961 (MCL 00.101, et seq.) is required to receive and collect
fines, fees and costs for civil infractions and other violations of law committed within its jurisdiction; and
WHEREAS the Department of Information Technology can make the E-Commerce System available to
any District Court to afford persons the convenience of utilizing an Internet based, credit card or electronic
check payment option to pay fines, fees and costs owed to the District Court; and
WHEREAS the Departments of Information Technology and Corporation Counsel worked with the State
Court Administrators Office to ensure that the E-Commerce System met Court requirements; and
WHEREAS the state law allows the County to provide such services in conjunction with a District Court
pursuant to an agreement between the County and the District Court; and
WHEREAS District Courts have expressed an interest in entering into such an agreement with the County
to utilize the County’s E-Commerce System; and
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554
WHEREAS the Departments of Corporation Counsel and Information Technology have drafted the
attached E-Commerce Services Agreement (“Agreement”) to permit District Courts to utilize the E-
Commerce System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
entering into the attached Agreement, which is incorporated herein, with any District Court.
BE IT FURTHER RESOLVED that upon receipt of an executed and unmodified Agreement from any
District Court, the Chairperson of the Oakland County Board of Commissioners is authorized to execute
the Agreement.
BE IT FURTHER RESOLVED that upon receipt of an executed Agreement from any District Court, the
Oakland County Clerk shall obtain the signature of the Chairperson of the Oakland County Board of
Commissioners on the Agreement and shall file a copy of this fully executed Agreement in the official
Board of Commissioners’ records maintained in the Clerk’s Office.
BE IT FURTHER RESOLVED that an estimate of revenue generated from this agreement for FY 2009
has been included in a prior resolution and identified in the County Executive Recommended Budget for
FY 2010 – FY 2012; therefore no budget amendment is required.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
CLEMIS ECOMMERCE SERVICES AGREEMENT
This CLEMIS eCommerce Services Agreement, (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
____________ (District Court No. Name) ________________, a division of Michigan’s one court of
justice whose address is: __________________ (Court Address) ________________________,
Michigan ___ (Court Zip) ____ (hereafter, the "Court"). In this Contract, either the County and/or the
Court may also be referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The Court, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not
limited to, the Revised Judicature Act of 1961 (MCL 600.101, et seq.) is required to collect fines,
fees, and costs for civil infractions and other violations of law committed within its jurisdiction.
B. The County has developed an eCommerce System that permits persons to pay fines, fees, costs,
or other monies owed to the Court by credit cards or electronic checks over the Internet.
C. The Court desires to use the eCommerce System and has requested that the County provide
“Information Technology Department Assistance Services" (hereafter “Services”) described and
defined below.
NOW, THEREFORE, in consideration of the mutual promises, obligations, representations, and
assurances in this Contract, the Parties agree to the following terms and conditions:
§1. DEFINED TERMS The following words and expressions used throughout this Contract whether
used in the singular or plural, with or without quotation marks, or possessive or non-possessive,
shall be defined, read and interpreted as follows:
1.1. "County Agent" or "County Agents" means 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. "Information Technology Department Personnel" means a specific subset of County
Agents and any and all County Agents specifically employed and assigned by the County
to work in the Information Technology Department as shown in the current County budget
and/or personnel records of the County.
1.3. "Court Agent" or "Court Agents", means any and all Court officers, elected officials,
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555
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. No County Agent shall be deemed a Court Agent and conversely, no Court Agent
shall be deemed a County Agent. "Court Agent" shall also include any person who was a
Court 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)" means 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, 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 Court, including any Court Agent or any eCommerce Customer under or in
connection with this Contract or that are based on or result in any way from the County’s
and/or any County Agent’s participation in this Contract.
1.5. "eCommerce Customers" means any and all persons who pay fines, fees, costs, or other
monies owed to the Court pursuant to State law or Local Ordinance via the Internet using
the eCommerce System.
1.6. "Enhanced Access Fee" means the fee charged to an eCommerce Customer in order to
avail themselves of the convenience of the eCommerce System.
1.7. "eCommerce System" means the mechanism developed and owned by the County by
which eCommerce Customers can pay fines, fees, costs, or other monies owed to the
Court by credit cards or electronic checks over the Internet.
§2. COUNTY RESPONSIBILITIES The Parties agree that the complete scope of any and all
Services shall be as described and limited in the following subsections.
2.1. The County shall allow monies owed to the Court to be paid via the eCommerce System.
2.2. The County will provide, host and maintain the eCommerce System where eCommerce
Customers can pay monies due the Court by credit card or electronic check.
2.3. The County shall maintain and support the eCommerce System, at no cost to the Court,
including but not limited to, all transmission services and Internet service provider
services necessary to maintain the eCommerce System.
2.4. The County shall provide all technical support with respect to eCommerce Customer
questions regarding the payment procedures. However, the County shall refer all
questions regarding the amount of monies due or owing directly to the Court.
2.5. The County shall provide the Court with a secondary Website, password protected,
where the Court can issue eCommerce Customer credits, including but not limited to
refunds, as may be required and view daily, weekly, and monthly transactions processed
through the County’s eCommerce System.
2.6. The County shall secure and protect customer data according to its contractual
obligations and reasonable business standards and practices.
2.7. The County shall be responsible for the cost of software licenses required to carry out the
terms of this Contract.
§3. COURT RESPONSIBILITIES
3.1. The Court shall be solely and exclusively responsible for ensuring that all Court Agents
fully cooperate with the County in the performance of all Services under this Contract.
3.2. As a condition precedent to County performance of Services under this Contract, the
Court shall establish and maintain an agreement for credit card processing services with
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556
the entities currently providing credit card processing services for the eCommerce
System, PayPal, Inc. and Elavon, Inc. The Court shall maintain a corresponding
depository bank account, with a depository financial institution acceptable to the County,
for the receipt of monies owed to the Court.
3.3. The Court agrees that, as a condition precedent to County performance of electronic
check payment Services, the Court shall establish and maintain an agreement for
electronic check processing services with the entities currently providing electronic check
processing services for the eCommerce System, ACH Direct, Inc. The Court shall
maintain a corresponding depository bank account, with a depository financial institution
acceptable to the County, for the receipt of monies owed to the Court.
3.4. Services under this Contract are possible, in part, because of services provided by
PayPal Inc., Elavon, Inc., and ACH Direct Inc. Neither the Court nor any Court Agent
shall act or fail to act, either directly or indirectly, in a manner to cause any purported
breach in any term or condition in any agreement between the County and any third party
underlying the County’s ability to provide Services under this Contract.
3.5. If the County enters into an agreement for credit card or electronic check payment
processing services with entities other than those providing these services on the
effective date of this Contract, the Court shall, as a condition precedent to continued
County performance of Services, establish and maintain an agreement for credit card or
electronic check payment processing services with the entities providing such services
for the eCommerce program at that time. The Court shall provide the County with all
necessary bank account and routing numbers to give effect to this Contract.
§4. FINANCIAL ARRANGEMENTS
4.1. In order to avail themselves of the convenience of the eCommerce System, eCommerce
Customers shall be required to pay, in addition to the monies owed to the Court, an
additional Enhanced Access Fee.
4.2. The Enhanced Access Fee charged to any eCommerce Customer shall be in an amount
as either now established, by the Oakland County Board of Commissioners
(MISCELLANEOUS RESOLUTION #07121, Oakland County Board of Commissioner
Minutes, May 24, 2007, p. 246) or as may be hereafter revised by the Oakland County
Board of Commissioners.
4.3. At the time of payment, the eCommerce Customer will authorize two transactions: (1) one
transaction for payment of monies owed to the Court and (2) one transaction for payment
of the Enhanced Access Fee. The funds for the payment to the Court will be directed to
the depository account designated and owned by the Court. The funds for the Enhanced
Access Fee will be directed to a depository account designated and owned by the
County.
4.4. Unless otherwise agreed to by the Oakland County Board of Commissioners via a
resolution, the Enhanced Access Fee shall belong to the County to recover costs
associated with the eCommerce System.
§5. TERM OF CONTRACT/EFFECTIVE DATE This Contract shall begin on the date the Contract is
signed by the Court and authorized by resolution of the Oakland County Board of
Commissioners, and shall continue until terminated or cancelled as provided herein. The approval
and terms 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.
§6. NO TRANSFER OF COURT LEGAL OBLIGATIONS This Contract does not and is not intended
to transfer, delegate, or assign, to the County any civil or legal responsibility, duty, obligation, duty
of care, cost, or liability of the Court under any applicable Law, Ordinance, or Court Rule.
§7. RESERVATION OF RIGHTS This Contract does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
§8. COMPLIANCE WITH LAWS Each Party shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities
performed under this Agreement.
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557
§9. ASSURANCES AND LIABILITY
9.1. 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 defenses of those acts
unless this Contract specifically provides otherwise.
9.2. 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 Court, Court Agents, eCommerce Customer, or any other
person or entity; or that the County’s performance under this Contract will result in any
specific monetary benefit or efficiency to the Court or increase in any revenue for the
Court.
9.3. In the event of any alleged breach, wrongful termination, and/or any default of any term
or condition of this Contract neither Party shall be liable to the other for any indirect,
incidental, special or consequential damages, including, but not limited to any
replacement costs for Services, any loss of income or revenue, and/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 and/or cancellation of this Contract.
§10. NO THIRD PARTY BENEFICIARIES Except as expressly provided in this Contract, this Contract
does not and is not intended to create any obligation, duty, promise, contractual right or benefit,
right to indemnification, right to subrogation, and/or any other right, in favor of any other person or
entity.
§11. INDEPENDENT CONTRACTOR The Contractor's relationship to the County is that of an
Independent Contractor. Nothing in this Contract is intended to establish an employer-employee
relationship between the County and either the Contractor or any Contractor Employee. All
Contractor Employees assigned to provide services under this Contract by the Contractor shall, in
all cases, be deemed employees of the Contractor and not employees, agents or sub-contractors
of the County.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT
12.1. Either Party, upon thirty (30) calendar days written notice to the other Party, may cancel
and/or 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.
12.1.1. At 5:00 p.m. on the effective date of the cancellation and or termination, all Court
and County obligations under this Contract, except those rights and obligations
expressly surviving cancellation shall end.
12.1.2. The County’s ability to provide the Services contemplated in this Contract
depends upon current contractual relationships between the County and third
party software and credit card and electronic check processing companies. If for
any reason one or more underlying third party contractual relationships
terminate, the County’s obligation to provide any Services under this Contract
shall end immediately and without any minimum notice requirement.
12.1.3. Any and all Court obligations, including, but not limited to, any and all waivers of
liability, record-keeping requirements, any Court payment obligations to the
County, and/or any other related obligations provided for in this Contract that
occurred before the cancellation or completion of this Contract, shall survive the
cancellation or completion of this Contract.
§13. FORCE MAJEURE Each Party shall be excused from any obligations under this Contract during
the time and to the extent that a Party is prevented from performing due to causes beyond such
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 circumstances beyond the reasonable
control of the affected Party. Reasonable notice shall be given to the affected Party of any such
event.
§14. IN-KIND SERVICES This Contract does not authorize any in-kind services, unless previously
agreed to by the Parties and specifically listed herein.
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§15. DELEGATION/SUBCONTRACT/ASSIGNMENT A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this Contract without the prior written consent of the other
Party.
§16. NO IMPLIED WAIVER Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Contract shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Contract. No waiver of any term, condition, or
provision of this Contract, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Contract.
No waiver by either Party shall subsequently effect its right to require strict performance of this
Contract.
§17. SEVERABILITY If a court of competent jurisdiction finds a term or condition of this Contract to be
illegal or invalid, then the term or condition shall be deemed severed from this Contract. All other
terms, conditions, and provisions of this Contract shall remain in full force.
§18. CAPTIONS The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Contract 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 Contract. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or non-possessive use
in this Contract shall be deemed the appropriate plurality, gender or possession as the context
requires.
§19. NOTICES Notices given under this Contract 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.
19.1. If Notice is set to the County, it shall be addressed and sent to:
Oakland County Department of Information Technology, Manager of CLEMIS Division,
1200 North Telegraph Road, Building #49 West, Pontiac, Michigan, 48341 and
Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph
Road, Pontiac, Michigan 48341
19.2. If Notice is sent to the Court, it shall be addressed to:
[Insert Name and Address of the Court here]
19.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
§20. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE This Contract 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 Contract shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of 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.
§21. CONTRACT MODIFICATIONS OR AMENDMENTS Any modifications, amendments, rescissions,
waivers, or releases to this Contract 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 Contract or other persons as authorized by the Parties'
governing bodies.
§22. RESCISSION OF PREVIOUS CONTRACT This Contract hereby rescinds and supersedes the
CLEMIS eCommerce Contract previously entered into between the County and the Court and this
Contract shall control all matters contemplated therein.
§23. ENTIRE CONTRACT This Contract represents the entire Contract and understanding between
the Parties. This Contract supersedes all other oral or written Contracts between the Parties. The
language of this Contract shall be construed as a whole according to its fair meaning and not
construed strictly for or against any Party.
Commissioners Minutes Continued. September 2, 2009
559
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Contract. The persons signing this Contract on behalf of each Party have legal authority to sign this
Contract and bind the Parties to the terms and conditions contained herein.
IN WITNESS WHEREOF, _______________ hereby acknowledges that she/he has been authorized to
execute this Contract on behalf of the Court and hereby accepts and binds the Court to the terms and
conditions of this Contract.
EXECUTED: ______________________________ DATE: ______________
WITNESSED: _____________________________ DATE: ______________
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 Oakland
County and hereby accepts and binds 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
Copy of Access Oakland Master Fee Structure on file in County Clerk’s office.
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09183
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – ESTABLISHMENT OF ENHANCED
ACCESS FEE SHARING STRUCTURE FOR MONIES OBTAINED FROM CLEMIS® REPORT AND
CLEMIS® CITATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Information Technology, pursuant to the Enhanced Access to Public
Records Act, 1996 PA 462, being MCL 15.441 et seq., has created a new application called CLEMIS®
Report that provides electronic access to law enforcement reports by various law enforcement agencies,
the courts, and the public; and
WHEREAS the Department of Information Technology, pursuant to the Enhanced Access to Public
Records Act, 1996 PA 462, being MCL 15.441 et seq., has also recently implemented an application
called CLEMIS® Citation that provides electronic access to information contained in a citation and
improves the flow of information between and among local law enforcement agencies, the courts and the
public; and
WHEREAS the Board of Commissioners, through Miscellaneous Resolution #97165, dated August 14,
1997, adopted the Oakland County Enhanced Access to Public Records Policy; and
WHEREAS the Board of Commissioners, pursuant to the Enhanced Access to Public Records Policy, by
Miscellaneous Resolution #09042, dated March 5, 2009, approved the current Master Fee Structure for
all Oakland County Enhanced Access Products and Services; and
WHEREAS the Enhanced Access Master Fee Structure adopted by Miscellaneous Resolution #09042
permits the County to charge a fee for providing an electronic version of a report and the proposed
CLEMIS® Report enhanced access fee fits within that category of charges; and
WHEREAS each local unit may also charge a separate local fee for reports it provides to members of the
public; and
WHEREAS the County proposes to return to the local units the local fees they are entitled to charge; and
WHEREAS the Oakland County Enhanced Access to Public Records Policy also permits the County to
charge a reasonable fee in order to recover the costs of developing, implementing and maintaining
CLEMIS® Citation and CLEMIS® Report; and
WHEREAS the costs incurred in implementing CLEMIS® Report and CLEMIS® Citation include not only
those born by the County, but also those born by the law enforcement agencies of various local units of
government; and
Commissioners Minutes Continued. September 2, 2009
560
WHEREAS in recognition of the collaboration between the County and the local units necessary for the
successful implementation of CLEMIS® Report and CLEMIS® Citation, the County proposes to return to
the local units the fees they are permitted to charge for issuing reports through CLEMIS® Report and to
share a portion of the County’s enhanced access fees in the amount of one dollar per transaction from
CLEMIS® Citation with the local units of government; and
WHEREAS the Department of Information Technology wishes to obtain the approval of the Board of
Commissioners for the pricing and revenue allocation schedule for CLEMIS® Report, as required by the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS the Department of Information Technology wishes to obtain approval to designate the
remainder of the reasonable enhanced access fees charged for CLEMIS® Report and CLEMIS® Citation
for cost recovery and operating costs of maintenance and support of the CLEMIS® system.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
aforementioned pricing and revenue allocation schedule (copy attached) for the CLEMIS® Report.
BE IT FURTHER RESOLVED that Oakland County Board of Commissioners approves sharing one dollar
of each CLEMIS® Citation enhanced access fee paid to the County via the Oakland County eCommerce
system with the local units of government.
BE IT FURTHER RESOLVED that both the estimate of revenue generated and operating costs of
maintenance and support for FY 2009 have been included in a prior resolution and identified in the
County Executive Recommended Budget for FY 2010 - FY2012; therefore no budget amendment is
required.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Access Oakland Master Fee Structure on file in County Clerk’s office.
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09184
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND NORTHVILLE TOWNSHIP FIRE DEPARTMENT FOR THE FIRE RECORDS
MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records
Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and create fire records
from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and
complete the recording in a standard records management system, promoting communication and the
sharing of fire records among the municipalities that participate; and
WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the
Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement
setting forth the rights and obligations of the County and the municipalities participating in the Fire
Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached
Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and
WHEREAS Northville Township Fire Department would like to participate in the Fire Records
Management System beginning September 1, 2009 and will be responsible for the following annual fees
(prorating 1 month access for FY 2009):
- $4,902 annual department fee
- $1,401 annual additional station fee ($1,401 for each fire station beyond the first); and
WHEREAS the addition of the Northville Township Fire Department will require the purchase of two
additional software licenses at $2,800 each and increase the annual software maintenance by $560 for
each license; and
WHEREAS an invoice shall be submitted to the Northville Township Fire Department to include the
reimbursement of software license and maintenance purchases due under this agreement.
Commissioners Minutes Continued. September 2, 2009
561
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board of Commissioners to sign the attached Fire Records Management System
Interlocal Agreement with Northville Township Fire Department.
BE IT FURTHER RESOLVED that the Fire Records Management System Fund for FY 2009 budget be
amended as specified below and the FY 2010 – FY 2012 budgets will be amended during the budget
hearing process:
FIRE RECORDS MANAGEMENT FUND (53100) FY 2009
Revenue
1080325-115100-631460 Participation Fees $ 6,125
Total FRMS Fund Revenue $ 6,125
Expenditures
1080325-115100-731773 Software Purchase $ 5,600
Total FRMS Fund Expense $ 5,600
FRMS – Estimated Change in Fund Equity $ 525
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
FIRE RECORDS MANAGEMENT AGREEMENT BETWEEN OAKLAND COUNTY AND NORTHVILLE
TOWNSHIP FIRE DEPARTMENT
This Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal
Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Northville Township Fire
Department, 45745 Six Mile Rd, Northville, MI 48168 (“CVT”). In this Agreement the County and the CVT
may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501
et seq., the County and the CVT enter into this Agreement for the purpose of providing the CVT with
access and connectivity to the Fire Records Management System ("FRMS"). FRMS is intended to
capture and create fire records from their inception at a 9-1-1 call and continuing the record to include the
computer aided dispatch information resulting with a standard records management system. FRMS
promotes communication and sharing of fire records among the entities that participate. The entities that
participate in FRMS will enjoy the benefits of a single system, common standards, and costs shared
through a cooperative relationship with the County. This Agreement is intended to delineate the
relationship and responsibilities between the County and the CVTs regarding FRMS.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services and obligations set forth
in this Agreement shall be provided through the County's Department of Information Technology. All
CVT’s services and obligations set forth in this Agreement shall be performed by Northville Township
Fire Department. The Fire Governance Committee will provide direction, counsel, and
recommendations concerning the operation of FRMS.
2. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows.
2.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, addendum,
or change order.
2.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness
fees, court costs, investigation expenses, litigation expenses, and amounts paid in
settlement, which are imposed on, incurred by, or asserted against the County, its employees
or agents, whether such Claim is brought in law or equity, tort, contract, or otherwise.
2.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not
limited to, all of its departments, divisions, the County Board of Commissioners, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons’ successors.
2.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
Commissioners Minutes Continued. September 2, 2009
562
2.5. Local System Administrator means a person employed by the CVT and designated by the
head of the Northville Township Fire Department to perform duties related to FRMS and act
as a liaison between the CVT and the County.
2.6. Fire Governance Committee (“FGC”) means a committee comprised of representatives from
six fire departments, appointed by the Oakland County Fire Chiefs' Organization that shall
provide direction, counsel, and recommendations concerning the operation of the Fire
Records Management System.
2.7. Fire Records Management System (“FRMS”) captures and creates fire records from their
inception at a 9-1-1 call and continues the record to include the computer aided dispatch
information resulting with a standard records management system. FRMS promotes
communication and sharing of fire records among the entities that participate.
2.8. Oakland County MAN/WAN ("OAKNET") means the Metropolitan Area Network/Wide Area
Network called OAKNET which is operated by the County. The OAKNET links the CVT and
the County allowing each to input and access FRMS Data.
2.9. City, Village, Township (“CVT”) means the Northville Township Fire Department, a Municipal
and Constitutional Corporation including, but not limited to, its Council, Board, any and all of
its departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees, employees, agents,
subcontractors, volunteers, and/or any such persons’ successors.
3. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement,
and applicable changes in law, the County shall carry out the following:
3.1. The County shall provide the CVT with the media for the installation of the software required
to run FRMS.
3.2. The County shall use its best efforts to address failures of the FRMS 24 hours a day, 7 days
a week; failures include problems with the FRMS server, software and OAKNET.
3.3. FRMS failures on workstations that are integrated into the CVT Local Area Network must be
reported to the Local System Administrator and CVT technical support must make a good
faith effort to diagnose such failures before the County is contacted. In the event the
County’s assistance is needed, the CVT technical support must be available to assist the
County to resolve such failure.
3.4. The County shall provide training to the CVT and the Local System Administrator(s)
concerning FRMS.
3.5. The County shall monitor and audit the CVT’s compliance with FRMS security requirements
set forth by the FGC. The County may conduct on-site data audits and/or inspections at the
CVT to monitor such compliance. The monitoring and auditing of FRMS and OAKNET shall
be performed periodically at the discretion of the County, observing CVT policies regarding
on-site visit coordination and scheduling.
3.6. If the County receives a Freedom of Information Act ("FOIA") request regarding information
that the CVT entered into FRMS, the CVT will be contacted as soon as possible and the
FOIA request will be sent to Oakland County Corporation Counsel. The CVT will be
forwarded a copy of the FOIA request and the County’s response as soon as possible. The
County may disseminate any data contained on FRMS to any third party, unless prohibited by
law.
3.7. With respect to the performance of this Agreement, the County has the authority to prioritize
its resources, including but not limited to, employees, agents, subcontractors, and equipment
and determine when services will be provided.
4. CVT RESPONSIBILITIES.
4.1. The CVT shall provide and is solely responsible for the costs associated with the personal
computer and printer for the Software to run FRMS. The personal computer must have the
following minimum specifications: Pentium Class Machine, 32 m Ram, 50 mb free disk
space, 15" monitor, keyboard, mouse, 10/100 network interface card, and Windows 98, 2000
or XP. Windows ME is NOT supported. The personal computers must also have Microsoft
Word and Excel.
4.2. The CVT is responsible for all initial, re-occurring, and maintenance costs associated with
connecting from the fire station to the OAKNET demark point, as designated by the County,
including, but not limited to, circuits, routers, switches, and any related equipment.
Commissioners Minutes Continued. September 2, 2009
563
4.3. The head of the CVT shall designate at least one person to act as the Local System
Administrator for FRMS. The Local System Administrator will act as a liaison between the
CVT and the County and will be the first point of contact for the CVT regarding FRMS. The
Administrator's duties shall include, but not be limited to, the following: (1) identifying FRMS
training needs; (2) scheduling FRMS training; (3) FRMS application training; (4) monitoring
use of FRMS applications with respect to security issues; (5) act as a point of contact or
facilitator for security audits conducted by the County; and (6) assist in the implementation of
new programs.
4.4. The CVT shall participate in FRMS training when requested and provided by the County.
The CVT shall pay for all costs associated with training not provided by the County. The
Local System Administrator shall receive reasonable advanced notice of the FRMS training.
4.5. The CVT shall fully cooperate with the County concerning the County’s services under this
Agreement.
4.6. The CVT may disseminate data that it entered into FRMS to any third party, unless prohibited
by law.
4.7. The CVT is solely responsible for entering data into FRMS for its jurisdiction.
4.8. The CVT shall solely ensure that the data entered into FRMS is accurate and complete.
Accurate and complete means that the data does not contain erroneous information, and/or
that the CVT shall immediately correct erroneous information upon discovery of any error. To
ensure accurate and complete data, the CVT shall conduct regular and systematic audits to
minimize the possibility of recording and storing inaccurate or incomplete data. The CVT
shall correct or purge inaccurate or incomplete data.
4.9. The CVT shall provide the County access to its facilities for periodic inspection and service of
FRMS, observing CVT policies regarding on-site visit coordination and scheduling.
4.10. The CVT shall be responsible for all costs associated with moving such equipment. The CVT
shall be responsible for all costs associated with changing, modifying, or moving FRMS
connectivity. This section shall not apply if the County requests that the CVT move
equipment provided under this Agreement or requests that the CVT change, modify, or move
FRMS connectivity.
5. FIRE GOVERNANCE COMMITTEE RESPONSIBILITIES.
5.1. The FGC shall provide direction, counsel and recommendations concerning the operation of
FRMS.
6. FINANCIAL RESPONSIBLITIES.
6.1. FRMS Fees. The CVT shall pay the following fees: a one time cost of $2,800.00 per fire
station for the FRMS software license. In addition, The CVT shall pay annual participation
fees to the County. In 2009, the fees are: (1) $560.00 per fire station for FRMS software
maintenance, and (2) $4,902.00 for the first station participating in FRMS and $1,401.00 for
each additional fire station (in accordance with the 2006-2009 fee schedule established by
FGC).
6.2. The County shall submit a quarterly invoice to the CVT in a manner prescribed by the County
itemizing all amounts due under this Agreement. The CVT shall pay the invoice submitted to
the County thirty (30) days after receipt of the invoice.
6.3. Except as provided in this Agreement, the County or CVT is not responsible for any cost, fee,
fine or penalty incurred by the other party in connection with this Agreement.
6.4. CVT Failure to Pay.
6.4.1. To the maximum extent provided by law, should the CVT fail, for any reason, to
timely pay the County the amounts required under this Agreement, 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 CVT), the State of
Michigan is authorized to withhold any funds due the CVT from the State, and assign
those funds to partially or completely offset any deficiency by the CVT to the County.
6.4.2. To the maximum extent provided by law, should the CVT 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 CVT from any other source
of funds due the CVT in the possession of the County, to partially or completely offset
any deficiency by the CVT under this Agreement, unless expressly prohibited by law.
Commissioners Minutes Continued. September 2, 2009
564
6.4.3. Neither of these provisions shall operate to limit in any way the County’s right to
pursue any other legal remedies against the CVT 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 CVT becomes delinquent
in its payments.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. The Agreement and any amendments hereto shall be effective when executed by both
Parties with concurrent resolutions passed by the governing bodies of each Party.
7.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 9.
8. ASSURANCES.
8.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents,
the costs associated with those acts, and the defense of those acts.
8.2. The County is not responsible for any Claims arising directly or indirectly from inaccurate or
incomplete entry of information into FRMS by the CVT, its employees, or its agents.
8.3. The County is not responsible for any Claims arising directly or indirectly from misuse of
FRMS or the FRMS Software by the CVT, its employees, or its agents.
8.4. Neither the County nor CVT shall be liable for any consequential, incidental, indirect, or
special damages in connection with this Agreement.
9. TERMINATION OR CANCELLATION OF AGREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days
written notice. The effective date for termination or cancellation shall be clearly stated in the
notice.
9.2. Upon termination and cancellation of this Agreement, the CVT has the right to receive a copy
data it entered into FRMS.
10. SUSPENSION OF SERVICES. Upon notice to the CVT and the FGC, the County may immediately
suspend this Agreement or the CVT’s participation in FRMS, if the CVT has failed to reasonably
comply, within the County’s discretion, with federal, state, or local law, or any requirements contained
in this Agreement. Upon notice to the CVT and the FGC, the County may immediately disconnect any
device that, within the County’s discretion, represents a possible security threat, performance impact,
or inappropriate usage of the County network or its resources. The right to suspend services is in
addition to the right to terminate or cancel this Agreement contained in Section 9. The County shall
not incur penalty, expense, or liability if services are suspended under this Section.
11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, requirements applicable to its activities performed under
this Agreement, and all applicable hardware and software licenses relating this Agreement.
13. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for
employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of any
federal, state or local law.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to perform all its obligations under this Agreement. Upon request, a Party
shall furnish copies of any permit, license, certificate or governmental authorization to the requesting
Party.
15. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
16. 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 such
Party’s control, including, but not limited to, an act of God, war, acts of government (other than the
Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other
Commissioners Minutes Continued. September 2, 2009
565
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously
agreed to by the Parties and specifically listed herein.
18. DELEGATION/SUBCONTRACT/ASSIGNMENT. The CVT shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the County.
19. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently effect its right to require strict performance of this
Agreement.
20. 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.
21. CAPTIONS. The section and 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 the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
22. 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.
22.1. If Notice is set to the County, it shall be addressed and sent to: Oakland County Department
of Information Technology, Manager of CLEMIS Division, 1200 North Telegraph Road,
Building #49 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
22.2. If Notice is sent to the CVT, it shall be addressed to:
22.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
23. 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 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the Eastern District of
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.
24. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by the Parties' governing
body.
25. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding
between the Parties. This Agreement supercedes all other oral or written Agreements between the
Parties. The language of 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 bind the Parties to the terms and conditions contained herein.
IN WITNESS WHEREOF, _____________ acknowledges that he/she has been authorized by a
resolution of the __________________ to execute this Agreement on behalf of the CVT.
Commissioners Minutes Continued. September 2, 2009
566
EXECUTED: ______________________________ DATE: ______________
WITNESSED: ______________________________ DATE: ______________
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners to execute this Agreement on behalf of Oakland County.
EXECUTED: _____________________________ DATE: _______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: _____________________________ DATE: _______________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
Copy of Resolution 2009-79 from the Charter Township of Northville and Oakland County Fire Records
Management System Out of County 2006 – 2009 Fee Structure on file in County Clerk’s office.
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09185
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2009 THIRD QUARTER
FINANCIAL FORECAST AND FY 2009 BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of
Government, provides for adjustments to the adopted budget; and
WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes
budget amendments for variances between the budgeted revenue and actual revenue, and Section 23,
which authorizes budget amendments for variance between estimated revenue and projected
expenditures, amendments are required; and
WHEREAS the Fiscal Year (FY) 2009 Third Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS the Sheriff’s Office is requesting a budget amendment to use $4,000 in Forfeiture Funds (GL
account #222430 – Law Enforcement Enhancement Funds) for the repair of a Forward Looking Infrared
Camera (FLIR) used in the Sheriff’s Helicopter for night vision; and
WHEREAS a balanced budget amendment in the amount of $173,218 is recommended to reallocate
fringe benefits from the Sheriff’s Corrective Services Division to the Sheriff’s Office and Investigative
Forensics Services Divisions to more accurately reflect anticipated expenses; and
WHEREAS a budget amendment in the amount of $14,150 is recommended for Human Resources –
Administration to cover expense of printing revised Merit Rules approved per MR #09047, Telephone
Communication expense for added “hot line” and cell phones due to increased activity during 312
Arbitration with Sheriff Deputies, and brief use of motor pool vehicle; and
WHEREAS sufficient funding is projected in the Human Resources - Workforce Management Division’s
Recruitment Expense to offset this additional expense; and
WHEREAS the Community Corrections Division is requesting a balanced budget amendment of $60,000
to reallocate funds within their budget to more accurately account for actual expenses between salaries
and contracted services; and
WHEREAS the Medical Examiner’s Office is requesting a balanced budget amendment of $3,000 to
reallocate funds within their budget to more accurately account for film processing; and
WHEREAS Economic Development Administration is requesting a reallocation of funds in the amount of
$9,500 within their budget to more accurately reflect anticipated operating expenses for printing and
telephone communication charges; and
WHEREAS a balanced budget amendment totaling $24,000 is requested for the Children’s Village
Division budget to reallocate funds within their budget to more accurately account for actual expenses for
laundry and cleaning; and
WHEREAS Community Corrections is requesting a budget amendment to transfer $5,000 to Information
Technology Fund to cover costs associated with IT enhancements for the Offender Link Interface; and
Commissioners Minutes Continued. September 2, 2009
567
WHEREAS a budget amendment is recommended to the CLEMIS Fund in the amount of $3,569,913 to
correct the FY 2009 Amended Budget to reflect actual operating expenses for depreciation, professional
services and miscellaneous; and
WHEREAS a budget amendment of $94,001 is requested in the Building Liability Fund due to
unfavorability in insurance as the result of a rate increase; and
WHEREAS the Department of Information Technology has requested a budget amendment in the amount
of $1.5 million to authorize use of IT Equity for professional services working on IT Planned Maintenance
and Upgrade projects through September 30, 2009; and
WHEREAS the Sheriff’s Office has incurred significant overtime in the amount of $179,748 to implement
the IMACS System (Jail Management System) used to track inmates, and funds are available in the
Sheriff’s Booking Fee Training Deferred Revenue Account (GL account #222450- Law Enforcement
Enhancement Funds) to offset costs to implement this system, and a budget amendment is
recommended.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2009
Third Quarter Financial Report.
BE IT FURTHER RESOLVED that the FY 2009 Budget be amended pursuant to Schedules A and B.
BE IT FURTHER RESOLVED that revenue for the Sheriff’s Office Corrective Services (GF Account
#222450) be recognized to offset overage in Overtime used to implement new software for tracking
inmates as follows:
GENERAL FUND #10100
Revenues
4030301-112620-670285 Enhancement Fund $179,748
Total Revenues $179,748
Expenditures
4030301-112620-712020 Overtime $179,748
Total Expenditures $179,748
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Fiscal Year 2009 Third Quarter Budget Amendments and Fiscal Year 2009 Third Quarter Report
on file in County Clerk’s office.
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09186
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION -
2009/2010 EQUIPMENT ASSISTANCE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Education (MDE) has awarded the Oakland County Children’s
Village Division funding in the amount of $25,000; and
WHEREAS this amount is for capital outlay equipment purchases; and
WHEREAS a power washing and sanitizing pots and pans system will be installed; and
WHEREAS the equipment purchase will be used to improve the safety of food served in compliance with
the National School Lunch Program; and
WHEREAS this funding is for the period of July 1, 2009 through March 31, 2010; and
WHEREAS the award acceptance has been submitted through the County Executive Review Process
and is recommended for approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
the 2009/2010 American Recovery and Reinvestment Equipment Assistance funding in the amount of
$25,000 for the period of July 1, 2009 through March 31, 2010.
BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the
level of funding for this program.
Commissioners Minutes Continued. September 2, 2009
568
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any
changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with
the agreement as originally approved.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grand Review Form, Grant Review Sign Off – Children’s Village, Grant Award letter from Mike
Flanagan, Superintendent, State of Michigan Department of Education, Grant Award Notification,
Governor’s Discretionary Grant Application for 2009-2010, ARRA Equipment Assistance FY 2009-2010
Budget Summary, ARRA National School Lunch Program Equipment Assistance 2010 Budget Detail for
Oakland County Children’s Village, and ARRA Equipment Assistance FY 2009-2010 Needs Assessment
on file in County Clerk’s office.
FISCAL NOTE (MISC. #09186)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION –
2009/2010 EQUIPMENT ASSISTANCE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Michigan Department of Education (MDE) has awarded the Oakland County Children’s
Village Division funding in the amount of $25,000, for the purchase and installation of a power
washing and sanitizing pots and pans system.
2. The system will be installed in the Children’s Village base kitchen, which on a daily basis serves
an average of two-hundred-forty (240) children and youth at eleven (11) different sites.
3. Funding period is July 1, 2009 thru March 31, 2010.
4. There is no county match or additional positions required.
5. A budget amendment is recommended to the Fiscal Year 2009 budget as specified below to
reflect the award:
FY 2009
FUND 28005 Equip Asst. Child Village
Revenues
1060501-112090-610313 Federal Operating Grants $25,000
$25,000
Expenditures
1060501-112090-760157 Equipment $25,000
$25,000
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*REPORT (MISC. #09187)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above-mentioned resolution on August 26, 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
Commissioners Minutes Continued. September 2, 2009
569
MISCELLANEOUS RESOLUTION #09187
BY: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released from the United States Department of Homeland Security, Federal
Emergency Management Agency (FEMA) to the State of Michigan for the 2008 Homeland Security Grant
Program; and
WHEREAS the State has awarded a 2008 Homeland Security Grant to Region 2 in the State which
includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties; and
WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security
Planning Boards throughout the state; and
WHEREAS the Michigan Homeland Protection Board has charged the Regional Homeland Security
Planning Boards to identify and prioritize how regionally awarded grant funds will be used within the
regions; and
WHEREAS the Regional Homeland Security Planning Board for Region 2 (“Region 2 Planning Board”) is
comprised of the representatives from the above-listed political subdivisions; and
WHEREAS the Region 2 Homeland Security Board is not a legal entity that can be a subgrantee for the
Homeland Security Grant or that can manage and distribute the grant funds; and
WHEREAS the Region 2 Planning Board has selected Oakland County to serve as fiduciary and
subgrantee for the regional portion of the 2008 Homeland Security Grant Program; and
WHEREAS the region’s State Homeland Security Grant award is $277,375 and the Urban Area Security
Initiative award is $2,838,200, for a total award of $3,115,575; and
WHEREAS up to 3% of the total award may be retained by Oakland County for Management and
Administrative expenses to cover the period of September 1, 2008 through May 31, 2011; and
WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2008 State Homeland
Security Grant Program requires the continuation of one (1) full-time eligible special revenue Homeland
Security-UASI Regional SAP in the Homeland Security Division, position #10519; and
WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2008 State Homeland
Security Grant requires the continuation of one (1) full-time non-eligible (2000 hr/year) Buyer II position in
the Purchasing Division, position #10521; and
WHEREAS the Homeland Security Division is requesting to fund the continuation of two (2) Special
Revenue full-time eligible Homeland Security - Regional SAP positions; and
WHEREAS the grant agreement has been reviewed and approved through the County Executive contract
review process; and
WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and
exhibits to be used for the 2008 State Homeland Security Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
position of Fiduciary and Subgrantee for the 2008 State Homeland Security Grant and accepts the grant
funds in an amount up to $3,115,575 with no county match or in-kind contribution required.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached
Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other
related documents between Oakland County and the Political Subdivisions located in Region 2 of the
State.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
continuation of one (1) special revenue Homeland Security-UASI Regional SAP, position #10519 through
the performance period of the grant.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
continuation of one (1) special revenue Buyer II, position #10521 through the performance period of the
grant.
Commissioners Minutes Continued. September 2, 2009
570
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves to fund the
continuation of two (2) special revenue full-time eligible Homeland Security - Regional SAP, positions
#10296 and 10520 under the Regional Fiduciary Program through the performance period of the grant.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the Grant Agreement and to approve an 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 all positions and other program costs associated with this grant are
contingent upon continuation of grant funding.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Homeland Security, State of Michigan 2008 Homeland Security Grant
Program Grant Agreement, Transfer of Ownership Agreement/Equipment Receipt and Acceptance for
Purchases, Reimbursement Cover Sheet, Payroll Reimbursement Detail, Travel Reimbursement Detail,
and Supplies and Other Items Reimbursement Detail on file in County Clerk’s office.
FISCAL NOTE (MISC. #09187)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY
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 U.S. Department of Homeland Security, through the Federal Emergency Management
Agency (FEMA) for the State Homeland Security Grant Program has awarded Region 2, in the
State, $3,115,575, which includes, but is not limited to the following political subdivisions: City of
Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties.
2. The grant period is September 1, 2008 through May 31, 2011.
3. The program provides funds to build capabilities to prevent, respond to and recover from acts of
domestic and foreign terrorism, to address National Priorities and Target Capabilities as they
relate to terrorism and support the implementation of the National Preparedness Goal, National
Incident Management System and National Response Framework.
4. Oakland County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee
for the 2008 State Homeland Security Grant and has been allocated $277,375, along with the
Urban Area Security Initiative award of $2,838,200, for a total award of $3,115,575.
5. The award for Management and Administrative expenses covers the continuation of one (1) full
time non-eligible (2000 hr/year) Buyer II, (position #10521), in the Purchasing Division, and one
(1) full-time eligible special revenue Homeland Security-UASI Regional SAP (position #10519)
and (2) two Homeland Security – Regional SAP (position #10296, and 10520).
6. These positions were previously created with Homeland Security Grant per MR #06246, which
expired and are included as amendments to the FY 2010 and FY 2011 County Executive
Recommended Budget per MR #08239 and MR #08245 which continued the positions.
7. The future level of service, including personnel, will be contingent upon the level of funding
available from the State.
8. A budget amendment is recommended to the FY 2009, FY 2010 and FY 2011 Budget to
recognize the grant award as follows:
Commissioners Minutes Continued. September 2, 2009
571
FY 2009
FY 2009 thru
Finance FY 2011
Committee Amended
Recommend. Amend. Budget
FUND 29340 GR0000000453
Revenue
1060601-115127-610313 Federal Grant Rev. $263,551 $2,852,024 $3,115,575
Expenditures - State Homeland Security Program
1060601-115127-702010 Salaries $174,709 -0- 174,709
1060601-115127-722770 Fringe Benefits 88,842 -0- 88,842
1060601-115127-750767 Trning-Dis. Supp. -0- 775,599 775,599
1060601-115127-750154 Expendable Equip. -0- 999,618 999,618
1060601-115127-760126 Capital Outlay-Misc. -0- 1,076,807 1,076,807
Total Expenditures $263,551 $2,852,024 $3,115,575
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09188
BY: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – MONROE COUNTY FIDUCIARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released from the United States Department of Homeland Security, Federal
Emergency Management Agency (FEMA) to the State of Michigan for the 2008 Homeland Security Grant
Program; and
WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security
Planning Boards throughout the state; and
WHEREAS the State has awarded a 2008 Homeland Security Grant to each jurisdiction within Region 2
in the State including the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland,
St. Clair, Washtenaw, and Wayne Counties; and
WHEREAS the County of Monroe has requested the Oakland County serve as fiduciary for that county’s
State Homeland Security Grant Award; and
WHEREAS the State of Michigan has awarded Oakland County as fiduciary for Monroe County
reimbursement for qualified expenses up to, but not exceeding $50,938 for the State Homeland Security
Program; and $521,216 for the Urban Area Security Initiative for a total of $572,154 during the period of
September 1, 2008 through May 31, 2011; and
WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and
exhibits to be used for the 2008 State Homeland Security Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
position of Fiduciary and Subgrantee for Monroe County for the 2008 State Homeland Security Grant and
accepts the grant funds in an amount up to $572,154 with no county match or in-kind contribution
required.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached
Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other
related documents between Oakland County and the County of Monroe.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the Grant Agreement and to approve an 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 all positions and other program costs associated with this grant are
contingent upon continuation of grant funding.
Commissioners Minutes Continued. September 2, 2009
572
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Homeland Security, State of Michigan 2008 Homeland Security Grant
Program Grant Agreement, Transfer of Ownership Agreement/Equipment Receipt and Acceptance for
Purchases, Reimbursement Cover Sheet, Payroll Reimbursement Detail, Travel Reimbursement Detail,
and Supplies and Other Items Reimbursement Detail on file in County Clerk’s office.
FISCAL NOTE (MISC. #09188)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – MONROE COUNTY FIDUCIARY
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 U.S. Department of Homeland Security, through the Federal Emergency Management
Agency (FEMA) for the State Homeland Security Grant Program, has awarded funding for Region
2 in the State of Michigan, which includes, but is not limited to, the following political subdivisions:
City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties.
2. The State of Michigan has awarded Oakland County as fiduciary for Monroe County
reimbursement for qualified expenses up to, but not exceeding, $50,938 for the State Homeland
Security Program and $521,216 for the Urban Area Security Initiative, for a total of $572,154 with
no county match or in-kind contribution required.
3. The grant period is September 1, 2008 through May 31, 2011.
4. The future level of service, including personnel, will be contingent upon the level of funding
available from the State.
5. A budget amendment is recommended to the FY 2009, FY 2010, and FY 2011 Budget to
recognize the grant award as follows:
FY 2009 FY 2009
Thru Thru
FY 2011 FY 2011
Adopted Amended
Budget Amend. Budget
FUND 29340 GR0000000454
Revenue
1060601-115126-610313 Federal Grant Rev. $ -0- $572,154 $572,154
Expenditures
1060601-115126-750567 Trning-Edu. Supp. -0- 186,319 186,319
1060601-115126-760126 Capital Outlay Misc. -0- 192,917 192,917
1060601-115126-760157 Equipment -0- 192,918 192,918
Total Expenditures $ -0- $572,154 $572,154
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*REPORT (MISC. #09189)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above-mentioned resolution on August 26, 2009
reports with the recommendation the resolution be adopted.
Commissioners Minutes Continued. September 2, 2009
573
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09189
BY: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM - OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released under the U. S. Department of Homeland Security, through the Federal
Emergency Management Agency (FEMA), for the 2008 State Homeland Security Grant Program; and
WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up
to, but not exceeding $151,417 for the State Homeland Security Program; and $1,549,353 for the Urban
Area Security Initiative for a total of $1,700,770 during the period of September 1, 2008 through May 31,
2011; and
WHEREAS this funding will be leveraged to support the four mission areas of homeland security (prevent,
protect, respond, and recover) and address the 8 national priorities and 37 target capabilities as they
relate to terrorism. In addition, the grant will support implementation of the National Preparedness
Guidelines, Strengthening of improvised explosive device (IED) attack deterrence, prevention, and
protection capabilities, and Strengthening preparedness planning; and
WHEREAS the Oakland County Grant Allocation Committee will determine projects in the solution areas
of Planning, Training, Equipment and Exercise to undertake with this funding that will improve Oakland
County’s overall ability to prevent, respond to, and recover from Incidents of National Significance,
including threats and incidents of terrorism; and
WHEREAS two (2) special revenue full-time eligible Homeland Security- Regional SAP positions will be
reassigned to and funded by the Regional Fiduciary Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant funding from the State of Michigan in an amount up to $1,700,770 with no County match or in-kind
match required.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that two (2) special revenue, full-time eligible Homeland Security -
Regional SAP positions (1060601 - 10296 & 10520) be reassigned to and funded by the Regional
Fiduciary Program.
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 Grant Review Sign Off – Homeland Security, State of Michigan 2008 Homeland Security Grant
Program Grant Agreement, Subgrantee Checklist, State of Michigan Audit Certification, W-9 Request for
Taxpayer Identification Number and Certification, Transfer of Ownership Agreement/Equipment Receipt
and Acceptance for Purchases, Reimbursement Cover Sheet, Payroll Reimbursement Detail, Supplies
and Other Items Reimbursement Detail, and Travel Reimbursement Detail on file in County Clerk’s office.
FISCAL NOTE (MISC. #09189)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR
2008 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 2, 2009
574
Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced
resolution, and finds:
1. The U.S. Department of Homeland Security, through the Federal Emergency Management
Agency (FEMA) for the State Homeland Security Grant Program has awarded Oakland County
reimbursement for qualified expenses up to, but not exceeding, $151,417 for the State Homeland
Security Program and $1,549,353 for the Urban Area Security Initiative, for a total of $1,700,770.
2. The grant period is September 1, 2008 through May 31, 2011.
3. The US Department of Homeland Security Program is comprised of four mission areas of
homeland security (prevent, protect, respond, and recover) and address the 8 national priorities
and 37 target capabilities as they relate to terrorism.
4. The grant will also support implementation of the National Preparedness Guidelines,
Strengthening of improvised explosive device (IED) attack deterrence, prevention, and protection
capabilities, and strengthening preparedness planning.
5. The future level of service will be contingent upon the level of funding available from the State.
6. A budget amendment is recommended to the FY 2009, FY 2010 and FY 2011 Budget to
recognize the grant award as follows:
FY 2009
Thru FY 2009
FY 2011 Thru
Finance FY 2011
Committee Amended
Recommend. Amend. Budget
FUND 29340 GR0000000455
Revenue
1060601-115125-610313 Federal Grant Rev. $ -0- 1,700,770 $1,700,770
Expenditures - State Homeland Security Program
1060601-115125-750077 Disaster Supp. -0- 722,312 722,312
1060601-115125-750154 Expendable Equip. -0- 489,229 489,229
1060601-115125-760126 Capital Outlay-Misc. -0- 489,229 489,229
Total Expenditures $ -0- $1,700,770 $1,700,770
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09190
BY: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES – OPPOSITION TO MICHIGAN HOUSE BILL 4436
AMENDING THE FUNDING FOR THE OAKLAND COUNTY HEALTH DIVISION OFFICE OF
SUBSTANCE ABUSE SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners approved the Oakland County Health Division
as the designation of Coordinating Agency for Substance Abuse Services under resolution 6586 passed
March 7, 1974 under Public Act 56 of 1973; and
WHEREAS the Oakland County Board of Commissioners remains the empowered entity under Public Act
368 of 1978 to approve the designation for the county Substance Abuse Coordinating Agency; and
WHEREAS the Oakland County Health Division Office of Substance Abuse Services Coordinating
Agency has efficiently and effectively implemented all functions of Coordinating Agencies to address
substance abuse prevention, education and treatment as prescribed since 1974; and
WHEREAS the Michigan House of Representatives introduced House Bill 4436,amended by the Michigan
Senate, to designate Pre-paid Inpatient Health Plans (PIHP’s) as substance abuse Coordinating
Agencies for purposes of reimbursement with funds for substance abuse prevention, education and
treatment grants; and
WHEREAS this action would remove the Oakland County Health Division Office of Substance Abuse
Services’ designation as the Oakland County Substance Abuse Coordinating Agency for purposes of
reimbursement without approval from the Oakland County Board of Commissioners; and
Commissioners Minutes Continued. September 2, 2009
575
WHEREAS House Bill 4436, as amended by the Michigan Senate, requires fee setting for services,
sliding fee establishment and coordinating care for individuals with both mental illness and substance
abuse diagnoses; and
WHEREAS the Oakland County Health Division Office of Substance Abuse Services Coordinating
Agency fully satisfies requirements for fee setting for services, sliding fee establishment and coordinating
care for individuals with both mental illness and substance abuse diagnoses according to their contract
with the Michigan Department of Community Health Office of Drug Control Policy as approved by the
Oakland County Board of Commissioners annually.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly
opposes House Bill 4436 as amended and passed by the Michigan Senate.
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Jennifer Granholm
and all Senators and Representatives serving Oakland County.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
(The vote for this motion appears on page 596.)
*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
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
AGREEMENT BETWEEN THE CITY OF BIRMINGHAM AND OAKLAND COUNTY TO UTILIZE THE
SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS
This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF
CANVASSERS (hereafter this “Agreement”) is made and entered into between the City of Birmingham, a
Michigan Constitutional and Municipal Corporation whose address is 151 Martin Street, P.O. Box 3001,
Birmingham, Michigan 48009 (hereafter the “Municipality”), and the County of Oakland, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac,
Michigan 48341 (hereafter the “County”). In this Agreement, the County or the Municipality may also be
referred to as a “Party” and jointly as the “Parties”.
Commissioners Minutes Continued. September 2, 2009
576
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501,
et. seq., the County and the Municipality enter into this Agreement to delineate the relationship and
responsibilities between the Parties to provide election canvassing services.
Current Michigan Election Law provides that: “A 4-member board of canvassers is established in every
city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any
other rule or law to the contrary.” [MCL 168.30a(1)] This statute further provides that: “The city council or
the township board of any city or township having more than 5 precincts may contract with the board of
supervisors of the county in which all or the greater portion of the city or township’s population resides to
provide that the board of county canvassers of that county shall perform all the functions of the board of
city or township canvassers.” [MCL 168.30a(2)]
Finally, this statute provides that: “Financial arrangements of such a contract may provide that the city or
township shall bear all or part of cost of such work.” [MCL 168.30a(2)] The Municipality has requested
the County’s assistance in meeting the Municipality’s obligation to provide all the functions of the board of
city or township canvassers (hereafter, “Municipality Canvassers”) through the Oakland County Board of
Canvassers, and the County is agreeable to provide such services in accord with the terms and
conditions of this Agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows:
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, or addendum.
1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but
not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Expenses shall include, but not be limited to, any and all actual amounts paid to, for, or
on behalf of any and all members of the Oakland County Board of Canvassers in
connection with or for any and all services, activities, or the performance of any and all
statutory functions for the Municipality under the term of this Agreement as provided
under the applicable state statutes and/or as otherwise allowed or authorized by the
Oakland County Board of Commissioners.
1.5. Legislative Body when referring to Oakland County means the Oakland County Board of
Commissioners. When referring to City of Birmingham, it means the Birmingham City
Council.
1.6. Municipality means the City of Birmingham, a Municipal and Constitutional Corporation
including, but not limited to, its Council, Board, any and all of its departments, its
divisions, elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors, attorneys,
volunteers, and/or any such persons’ successors.
2. COUNTY RESPONSIBILITIES. The Oakland County Board of Canvassers shall perform all the
statutory functions which would otherwise be required to be performed by the Municipality
Canvassers pursuant to MCL 168.30a(2) unless the Municipality notifies the County in writing,
thirty (30) days prior to the election date that it will be conducting its own canvass and will not
need the Oakland County Board of Canvassers for that particular election. When performing
services under this Agreement, the Oakland County Board of Canvassers shall have all the
powers, duties and functions that would otherwise have been afforded to the Municipality
Canvassers.
3. MUNICIPALITY RESPONSIBILITIES. The Municipality agrees that it shall provide the necessary
information and assistance required to enable the Oakland County Board of Canvassers to carry
out their legal responsibilities.
Commissioners Minutes Continued. September 2, 2009
577
4. EFFECTIVE DATE, DURATION AND AMENDMENTS.
4.1. This Agreement and any amendments shall become effective upon the passage of a
resolution by each Party’s Legislative Body. An executed copy of this Agreement shall
be filed with the Clerk for the County and the Clerk for the Municipality. This Agreement
and certified copies of the resolutions, as well as any amendments, shall be filed with the
Secretary of State by the Oakland County Clerk. Any subsequent amendments shall only
become effective and binding upon the Parties after each Party’s Legislative Body has
passed a resolution approving the amendment.
4.2. This Agreement shall remain in effect from the date the Agreement is executed by both
Parties until it is cancelled or terminated by either of the Parties as provided herein.
5. PAYMENT. The Municipality hereby agrees to pay to the County the following amounts:
5.1. For any and all such County services associated with any general, primary, or county-
wide special election, when the ballot includes a local issue or election, the Municipality
shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each
and every election precinct within the Municipality.
5.2. For any and all such County services associated with any Municipality, local or special
election where no other jurisdiction is holding an election canvassed by the Oakland
County Board of Canvassers, the Municipality shall pay the County any and all actual
County Expenses incurred and/or paid by the County in providing Board of Canvassers
services under this Agreement.
5.3. The County, through its Department of Management and Budget and upon such
frequency as deemed appropriate by the County, shall prepare and forward to the
Municipality an itemized invoice for such Oakland County Board of Canvassers services
provided to the Municipality pursuant to this Agreement. The Municipality agrees to pay
the full amount shown on any such invoice within thirty (30) calendar days after the date
shown on any such invoice.
5.4. The Parties agree that the Municipality’s obligation to pay the County any and all
amounts due and owing under this Agreement shall be absolute and unconditional and
shall not be affected, in any way, by the occurrence of either Party’s default or any term
or condition of this Agreement nor shall any other occurrence or event relieve, limit, or
impair the obligation of the Municipality to pay the County as provided for herein.
5.5. The Municipality agrees that the County may, at its sole option, recover any such
amounts due and owing the County as shown on any County Invoice by offsetting such
amounts from any monies or other amounts in the possession of the County and/or
otherwise held by the County for any reason or for any purpose that are otherwise
payable, due, or owing to the Municipality by or from the County. For purposes of
illustration, but without limitation, the Municipality agrees that if there is any amount due
and owing to the County under this Agreement still unpaid to the County at the time the
County is scheduled to distribute funds, if any, to the Municipality from the Delinquent
Tax Revolving Fund (“DTRF”), the County shall be entitled, at its sole option, to reduce,
set-off, and permanently retain from any amount otherwise then payable to the
Municipality from Delinquent Tax Revolving Fund (“DTRF”), any amount then still due
and owing the County from the Municipality pursuant to this Agreement.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees, and
agents, the costs associated with those acts, and the defense of those acts.
6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified
(i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to
any rights in this Agreement.
6.3. 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 bind the Parties to the terms and
conditions contained herein.
6.4. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
Commissioners Minutes Continued. September 2, 2009
578
7. LIMITATION OF LIABILITY. In no event shall the County be liable to the Municipality or any other
person, for any consequential, incidental, direct, indirect, special, and punitive or other damages
arising out of this Agreement.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate or cancel
this Agreement upon ninety (90) days written notice, without incurring a penalty or additional
liability, for any reason, including convenience. The effective date of termination and/or
cancellation shall be clearly stated in the written notice. The Party desiring to cancel this
Agreement shall provide the Clerk of the other Party’s Legislative Body with a resolution passed
by the canceling Party’s Legislative Body, which indicates the clear desire of that Party to cancel
this Agreement.
9. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
10. LIMITATION OF LIABILITY/RESERVATION OF RIGHTS. Except as expressly provided
otherwise herein, this Agreement 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,
or authority of either the Municipality or the County to any other person or Party. The Parties
further agree, notwithstanding any other term or condition in this Agreement, that no provision in
this Agreement is intended, nor shall it be construed, as a waiver of any governmental immunity
by either Party for that Party and/or any of that Party’s agents as provided by statute or applicable
court decisions.
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 Clerk,
1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
11.2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk, City of
Birmingham, 151 Martin Street, P.O. Box 3001, Birmingham, Michigan 48009.
11.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
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 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of 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. ENTIRE AGREEMENT. This Agreement constitutes the complete and entire agreement between
the Municipality and the County regarding this subject matter and supersedes any and all prior
agreements, representations or understandings related to the subject matter of this Agreement.
For and in consideration of the mutual promises, acknowledgments, and representations set forth in this
Agreement, and for other good and valuable consideration, the adequacy of which is hereby
acknowledged, the County and the Municipality hereby agree to be bound by the above terms and
provisions.
IN WITNESS WHEREOF, ___________________________________ hereby acknowledges that he/she
has been authorized by a resolution of the City of Birmingham, a certified copy of which is attached, to
execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the
terms and conditions of this Agreement.
EXECUTED: _______________________________________ DATE: ______________
WITNESSED: ______________________________________ DATE: ______________
Commissioners Minutes Continued. September 2, 2009
579
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 Agreement on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: _______________________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________________ DATE: ______________
IN WITNESS WHEREOF, Ruth Johnson, in her official capacity as the Oakland County Clerk, a Michigan
Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement.
EXECUTED: _______________________________________ DATE: ______________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
WITNESSED: ____________________________________ DATE: ______________
FISCAL NOTE (MISC. #09170)
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Clerk Register of Deeds – Elections Division is authorized to establish 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.
2. The City of Birmingham is requesting to utilize the services of the Oakland County Board of
Canvassers.
3. This agreement generates an estimated $225 (9 precincts @ $25 per precinct) of General Fund
revenue in the Board of Canvasser Services Fee line item with corresponding operating expense
increases of the same amount in the Fees Per Diems line item.
4. This is a contract renewal and revenues and expenditures associated with these services are
incorporated in the Executive Recommended Budget for FY 2010, 2011 and 2012.
5. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*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.
Commissioners Minutes Continued. September 2, 2009
580
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
AGREEMENT BETWEEN THE CITY OF AUBURN HILLS AND OAKLAND COUNTY TO UTILIZE THE
SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS
This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF
CANVASSERS (hereafter this “Agreement”) is made and entered into between the City of Auburn Hills, a
Michigan Constitutional and Municipal Corporation whose address is 1827 Squirrel Road, Auburn Hills,
Michigan 48326-2753 (hereafter the “Municipality”), and the County of Oakland, a Michigan Constitutional
and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the “County”). In this Agreement, the County or the Municipality may also be referred to as a
“Party” and jointly as the “Parties”.
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501,
et. seq., the County and the Municipality enter into this Agreement to delineate the relationship and
responsibilities between the Parties to provide election canvassing services.
Current Michigan Election Law provides that: “A 4-member board of canvassers is established in every
city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any
other rule or law to the contrary.” [MCL 168.30a(1)] This statute further provides that: “The city council or
the township board of any city or township having more than 5 precincts may contract with the board of
supervisors of the county in which all or the greater portion of the city or township’s population resides to
provide that the board of county canvassers of that county shall perform all the functions of the board of
city or township canvassers.” [MCL 168.30a(2)]
Finally, this statute provides that: “Financial arrangements of such a contract may provide that the city or
township shall bear all or part of cost of such work.” [MCL 168.30a(2)] The Municipality has requested
the County’s assistance in meeting the Municipality’s obligation to provide all the functions of the board of
city or township canvassers (hereafter, “Municipality Canvassers”) through the Oakland County Board of
Canvassers, and the County is agreeable to provide such services in accord with the terms and
conditions of this Agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, or addendum.
1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but
not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Expenses shall include, but not be limited to, any and all actual amounts paid to, for, or
on behalf of any and all members of the Oakland County Board of Canvassers in
connection with or for any and all services, activities, or the performance of any and all
statutory functions for the Municipality under the term of this Agreement as provided
under the applicable state statutes and/or as otherwise allowed or authorized by the
Oakland County Board of Commissioners.
Commissioners Minutes Continued. September 2, 2009
581
1.5. Legislative Body when referring to Oakland County means the Oakland County Board of
Commissioners. When referring to the City of Auburn Hills, it means the Auburn Hills City
Council.
1.6. Municipality means the City of Auburn Hills, a Municipal and Constitutional Corporation
including, but not limited to, its Council, Board, any and all of its departments, its
divisions, elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors, attorneys,
volunteers, and/or any such persons’ successors.
2. COUNTY RESPONSIBILITIES. The Oakland County Board of Canvassers shall perform all the
statutory functions which would otherwise be required to be performed by the Municipality
Canvassers pursuant to MCL 168.30a(2) unless the Municipality notifies the County in writing,
thirty (30) days prior to the election date that it will be conducting its own canvass and will not
need the Oakland County Board of Canvassers for that particular election. When performing
services under this Agreement, the Oakland County Board of Canvassers shall have all the
powers, duties and functions that would otherwise have been afforded to the Municipality
Canvassers.
3. MUNICIPALITY RESPONSIBILITIES. The Municipality agrees that it shall provide the
necessary information and assistance required to enable the Oakland County Board of
Canvassers to carry out their legal responsibilities.
4. EFFECTIVE DATE, DURATION AND AMENDMENTS.
4.1. This Agreement and any amendments shall become effective upon the passage of a
resolution by each Party’s Legislative Body. An executed copy of this Agreement shall
be filed with the Clerk for the County and the Clerk for the Municipality. This Agreement
and certified copies of the resolutions, as well as any amendments, shall be filed with the
Secretary of State by the Oakland County Clerk. Any subsequent amendments shall only
become effective and binding upon the Parties after each Party’s Legislative Body has
passed a resolution approving the amendment.
4.2. This Agreement shall remain in effect from the date the Agreement is executed by both
Parties until it is cancelled or terminated by either of the Parties as provided herein.
5. PAYMENT. The Municipality hereby agrees to pay to the County the following amounts:
5.1. For any and all such County services associated with any general, primary, or county-
wide special election, when the ballot includes a local issue or election, the Municipality
shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each
and every election precinct within the Municipality.
5.2. For any and all such County services associated with any Municipality, local or special
election where no other jurisdiction is holding an election canvassed by the Oakland
County Board of Canvassers, the Municipality shall pay the County any and all actual
County Expenses incurred and/or paid by the County in providing Board of Canvassers
services under this Agreement.
5.3. The County, through its Department of Management and Budget and upon such
frequency as deemed appropriate by the County, shall prepare and forward to the
Municipality an itemized invoice for such Oakland County Board of Canvassers services
provided to the Municipality pursuant to this Agreement. The Municipality agrees to pay
the full amount shown on any such invoice within thirty (30) calendar days after the date
shown on any such invoice.
5.4. The Parties agree that the Municipality’s obligation to pay the County any and all
amounts due and owing under this Agreement shall be absolute and unconditional and
shall not be affected, in any way, by the occurrence of either Party’s default or any term
or condition of this Agreement nor shall any other occurrence or event relieve, limit, or
impair the obligation of the Municipality to pay the County as provided for herein.
5.5. The Municipality agrees that the County may, at its sole option, recover any such
amounts due and owing the County as shown on any County Invoice by offsetting such
amounts from any monies or other amounts in the possession of the County and/or
otherwise held by the County for any reason or for any purpose that are otherwise
payable, due, or owing to the Municipality by or from the County. For purposes of
illustration, but without limitation, the Municipality agrees that if there is any amount due
Commissioners Minutes Continued. September 2, 2009
582
and owing to the County under this Agreement still unpaid to the County at the time the
County is scheduled to distribute funds, if any, to the Municipality from the Delinquent
Tax Revolving Fund (“DTRF”), the County shall be entitled, at its sole option, to reduce,
set-off, and permanently retain from any amount otherwise then payable to the
Municipality from Delinquent Tax Revolving Fund (“DTRF”), any amount then still due
and owing the County from the Municipality pursuant to this Agreement.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees, and
agents, the costs associated with those acts, and the defense of those acts.
6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified
(i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to
any rights in this Agreement.
6.3. 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 bind the Parties to the terms and
conditions contained herein.
6.4. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7. LIMITATION OF LIABILITY. In no event shall the County be liable to the Municipality or any other
person, for any consequential, incidental, direct, indirect, special, and punitive or other damages
arising out of this Agreement.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate or cancel
this Agreement upon ninety (90) days written notice, without incurring a penalty or additional
liability, for any reason, including convenience. The effective date of termination and/or
cancellation shall be clearly stated in the written notice. The Party desiring to cancel this
Agreement shall provide the Clerk of the other Party’s Legislative Body with a resolution passed
by the canceling Party’s Legislative Body, which indicates the clear desire of that Party to cancel
this Agreement.
9. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
10. LIMITATION OF LIABILITY/RESERVATION OF RIGHTS. Except as expressly provided
otherwise herein, this Agreement 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,
or authority of either the Municipality or the County to any other person or Party. The Parties
further agree, notwithstanding any other term or condition in this Agreement, that no provision in
this Agreement is intended, nor shall it be construed, as a waiver of any governmental immunity
by either Party for that Party and/or any of that Party’s agents as provided by statute or applicable
court decisions.
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 Clerk,
1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
11.2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk, City of Auburn
Hills, 1827 Squirrel Road, Auburn Hills, Michigan 48326-2753.
11.3. Either Party may change the address and/or individual to which Notice is sent by
notifying the other Party in writing of the change.
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
Commissioners Minutes Continued. September 2, 2009
583
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 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for
the Eastern District of 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. ENTIRE AGREEMENT. This Agreement constitutes the complete and entire agreement between
the Municipality and the County regarding this subject matter and supersedes any and all prior
agreements, representations or understandings related to the subject matter of this Agreement.
For and in consideration of the mutual promises, acknowledgments, and representations set forth in this
Agreement, and for other good and valuable consideration, the adequacy of which is hereby
acknowledged, the County and the Municipality hereby agree to be bound by the above terms and
provisions.
IN WITNESS WHEREOF, ___________________________________ hereby acknowledges that he/she
has been authorized by a resolution of the City of Auburn Hills, a certified copy of which is attached, to
execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the
terms and conditions of this Agreement.
EXECUTED: ______________________________________ DATE: ______________
WITNESSED: _______________________________________ DATE: ______________
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 Agreement on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: ______________________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: _____________________________________ DATE: ______________
IN WITNESS WHEREOF, Ruth Johnson, in her official capacity as the Oakland County Clerk, a Michigan
Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement.
EXECUTED: ______________________________________ DATE: ______________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
WITNESSED: _______________________________________ DATE: ______________
(2009-533 AuburnHillsAgreement.doc)
Copy of City of Auburn Hills Certified Resolution #09.07.130 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09171)
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Clerk Register of Deeds – Elections Division is authorized to establish 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.
2. The City of Auburn Hills is requesting to utilize the services of the Oakland County Board of
Canvassers.
3. This agreement generates an estimated $225 (9 precincts @ $25 per precinct) of General Fund
revenue in the Board of Canvasser Services Fee line item with corresponding operating expense
increases of the same amount in the Fees Per Diems line item.
Commissioners Minutes Continued. September 2, 2009
584
4. This is a contract renewal and revenues and expenditures associated with these services are
incorporated in the Executive Recommended Budget for FY2010, 2011 and 2012.
5. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*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
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
HUMAN RESOURCES COMMITTEE
FISCAL NOTE (MISC. #09173)
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1) The Human Resources Department, with approval from the Board of Commissioners,
provides a process for departments and employees requesting a review of the salary grade
placement classifications for Grades 1 – 21.
2) The following positions have received a job audit to review the salary grade placement:
One (1) Director of Elections – Clerks / Elections
One (1) Victim Rights Leader – Prosecuting Attorney / Administration
Four (4) Victim Advocates – Prosecuting Attorney / Administration
One (1) Victim Advocate – Prosecuting Attorney / Litigation
Commissioners Minutes Continued. September 2, 2009
585
3) There are no recommended reclassifications for these positions.
4) The classification for Trails & Recreation Planner within the Parks and Recreation
Commission is recommended to be retitled to Recreation & Trails Planner, with no change
in factors.
5) No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09191
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– 2009 GRANT PROGRAM ACCEPTANCE – INSTALLATION OF MEDIUM INTENSITY TAXIWAY
LIGHTING (MITL) ON TAXIWAYS D AND U, INCLUDING NEW ELECTRICAL VAULT AND SIGN
UPGRADES
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 2009-0674, Federal Project No. D-26-0079-6309, for Federal funds in the amount of $1,036,450, and
State funds in the amount of $27,275, for the development and improvement of Oakland County
International Airport; and
WHEREAS the project consists of the Installation of Medium Intensity Taxiway Lighting (MITL) on
Taxiway D and U, including New Electrical Vault and Sign Upgrades at Oakland County International
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 $27,275, 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 $1,091,000, which includes a local grant match of $27,275,
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 Grand Program,
Attachment 1 – Supplemental Provisions, 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 –
Assurances that Recipients and Contractors Must Make, Appendix F – Special Conditions, and Appendix
G – Prime Consultant Statement of DBE Subconsultant Payments on file in County Clerk’s office.
Commissioners Minutes Continued. September 2, 2009
586
FISCAL NOTE (MISC. #09191)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
2009 GRANT PROGRAM ACCEPTANCE – INSTALLATION OF MEDIUM INTENSITY TAXIWAY
LIGHTING (MITL) ON TAXIWAYS D AND U, INCLUDING NEW ELECTRICAL VAULT AND SIGN
UPGRADES
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 a Michigan Department of Transportation Grant Contract
No. 2009-0674, Federal Project No. D-26-0079-6309, with Federal funds in the amount of
$1,036,450, State funds in the amount of $27,275 and a required local grant match of
$27,275 for the development and improvement of Oakland County International Airport.
2. The project consists of the installation of Medium Intensity Taxiway Lighting (MITL) on
Taxiway D and U, including New Electrical Vault, and Sign Upgrades at Oakland County
International 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 $1,091.000.
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 recommended. Funding is available within the Airport
fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*REPORT (MISC. #09192)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2009 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT
ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2008-2009 ANNUAL ACTION PLAN
AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above-mentioned resolution on August 26, 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 #09192
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY &
HOME IMPROVEMENT DIVISION - 2009 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT
ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2008-2009 ANNUAL ACTION PLAN
AMENDMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County
2009 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS the 2009 Annual Action Plan contains a consolidated Federal grant application for activities
designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG)
Commissioners Minutes Continued. September 2, 2009
587
Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter Grant (ESG)
Program; and
WHEREAS HUD by letter dated June 29, 2009 transmitted to the Community & Home Improvement
Division a Program Year 2009 consolidated allocation of $5,799,885 including $3,917,404 for CDBG,
$1,715,969 for HOME and $166,512 for ESG, for the period of May 1, 2009 through April 30, 2010; and
WHEREAS this is the thirty-fifth year of grant funding and acceptance for these programs; and
WHEREAS total program revenue for the 2009-2010 CDBG Program will be $4,469,110.83 including
$3,917,404 grant allocation, $500,000 in estimated CDBG Revolving Loan Funds and $51,706.83 in
Community Program Income; and
WHEREAS total program revenue for the 2009-2010 HOME Program will be $2,402,062 including
$1,715,969 HOME grant allocation, $386,093 grant match and $300,000 in estimated HOME Program
Income; and
WHEREAS funding for the HOME program match is appropriated in the Oakland County 2009 Adopted
Budget; and
WHEREAS total program revenue for the 2009-2010 ESG Program will be the grant allocation of
$166,512; and
WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are
required; and
WHEREAS fund schedules and program descriptions for the 2009-2010 CDBG, HOME and ESG
programs appear in attachment A; and
WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive
Departments through the County grant review process (M.R. #01320); and
WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and
WHEREAS program budget amendments for 2009 CDBG Home Improvement Program Revolving Loan
Fund and HOME Program Income actual amounts will be requested by resolution in 2010 after
compilation of additional information and fiscal year closing; and
WHEREAS the 2008 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and
ESG (M.R. #07164) estimated Home Improvement Program Revolving Loan Fund revenue of $1,000,000
and Home Investment Partnership Act Program Income revenue of $600,000; and
WHEREAS the Home Improvement Revolving Loan Fund generated $689,118.46, the Home Investment
Partnership Act Program Income generated $331,975.00, and the Home Investment Partnership Act
CHDO Program Income generated $9,031.00 in Program Year 2008.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban
Development in the amount of $5,799,885, $500,000 in estimated Home Improvement Revolving Loan
Funds, $51,706.83 in Community Program Income, $300,000 in estimated HOME Program Income and
HOME County match of $386,093 for a consolidated 2009 program year grant package totaling
$7,037,684.83.
BE IT FURTHER RESOLVED that the 2008 Annual Action Plan and Consolidated Grant Acceptance be
amended to reflect CDBG Home Improvement Revolving Loan Funds totaling $689,118.46, Home
Investment Partnership Act Program Income totaling $331,975, and Home Investment Partnership Act
CHDO Program Income totaling $9,031 in the program year period of May 1, 2008 through April 30, 2009.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the
Emergency Shelter Grant subject to the clarifications provided by HUD in the letter from Jeannette Harris,
Director, Community Planning and Development, Detroit Field Office, U.S. Department of Housing and
Urban Development dated March 20, 2007 that Oakland County's obligations under the grant for
discharge policies and participation in the HMIS System is to make these requirements for ESG funded
entities. The letter from Ms. Harris is attached and incorporated into this Agreement.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of Federal funding available for these programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the
Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
Commissioners Minutes Continued. September 2, 2009
588
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 – Community & Home Improvement Division, Attachment A – Comparison
of Grant Application with Grant Award, Emergency Shelter Grant (ESG) 2009 Program Narrative, letters
from Jeanette Harris, Director, Community Planning and Development, Funding Approval/Agreement
from the U.S. Department of Housing and Urban Development, Funding Approval and Home Investment
Partnerships Agreement, Funding Approval Under the Steward B. McKinney Homeless Assistance Act
and Fiscal Year 2009 Local Government Grant Agreement Emergency Shelter Grants Program on file in
County Clerk’s office.
FISCAL NOTE (MISC. #09192)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2009 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT
ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2008-2009 ANNUAL ACTION PLAN
AMENDMENT
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 acceptance of grant funding from the U.S. Department of Housing and
Urban Development for program year 2009 for the consolidated Community Development Block
Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Shelter Grant
(ESG) in the amount of $5,799,885.
2. The award includes $3,917,404 for the Community Development Block Grant, $1,715,969 for the
HOME Investment Partnership Grant, and $166,512 for the Emergency Shelter Grant.
3. The award also includes $500,000 in estimated Home Improvement Revolving Loan Funds,
$51,706.83 in Community Program Income, $300,000 in estimated HOME Program Income, and
requires a HOME County match of $386,093 for a consolidated 2009 program year grant total of
$7,037,684.83.
4. The Federal grant award of $5,799,885 is $361,192, or 6.6%, more than the application and
$361,116 more than the 2008 program year award of $5,438,769.
5. Local County match of $386,093 (25%) is required for grant funding allocated to housing
rehabilitation and/or new construction activities for the HOME Investment Partnership Grant, an
increase of $44,801over the PY 2008 County Match of $341,292. The 25% match percentage
requirement is the same as the match requirement in the 2008 HOME Investment Partnership
Grant.
6. County Match of $386,093 is available in the Non-Departmental Grant Match line item of the FY
2009 General Fund Budget, account #10100-9090101-196030-730800. No additional
appropriation is required.
7. Indirect costs associated with this grant are not paid due to administrative and planning limits.
8. The funding period is for the program year May 1, 2009 through April 30, 2010.
9. The resolution also amends the 2008 Annual Action Plan and Consolidated Grant Acceptance to
reflect actual funding generated by the CDBG Home Improvement Revolving Loan Fund, the
Home Investment Partnership Act Program, and Home Investment Partnership Act CHDO
Program in the program year period of May 1, 2008 through April 30, 2009.
10. A FY 2009 Budget amendment is recommended as follows:
GENERAL FUND #10100
Expenditures
9090101-196030-730800 Non-Dept Grant Match ($386,093)
1090659-196030-788001-29711 Transfer Out 386,093
$ -0-
Commissioners Minutes Continued. September 2, 2009
589
HOME INVESTMENT PARTNERSHIP FUND #29711
Revenue
1090659-132240-695500-10100 Transfer In $321,744
1090659-132260-695500-10100 Transfer In _ 64,349
$386,093
Expenditures
1090659-132240-730884 Housing Rehab Match $321,744
1090659-132260-730261 CHDO Match __64,349
$386,093
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
*MISCELLANEOUS RESOLUTION #09193
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, PROSECUTING ATTORNEY AND CIRCUIT
COURT – 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM -
INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff’s Office, Prosecuting Attorney and Circuit Court, along with 9 local
jurisdictions, have been allocated $431,928 and have applied to the U.S. Department of Justice, Office of
Justice Programs for funding under the 2009 Edward Byrne Memorial Justice Assistance (JAG) Program
for the period of October 1, 2008 through September 30, 2012; and
WHEREAS a joint application between Oakland County and the City of Auburn Hills, City of Farmington
Hills, City of Ferndale, City of Hazel Park, City of Oak Park, City of Pontiac, City of Royal Oak, City of
Southfield and Waterford Charter Township is required; and
WHEREAS Oakland County’s share of the award is $56,645 and the remaining $375,283 is distributed
among the 9 local jurisdictions based on Federal allocation. There is no grant match requirement; and
WHEREAS the grant application requires the adoption of an intergovernmental agreement between
Oakland County and the local units of government; and
WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel and
signed by the local jurisdictions; and
WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities; and
WHEREAS Oakland County has been elected to serve as fiduciary and lead agency for the entire award.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached intergovernmental agreement with the local units of government listed above and in Appendix A
of the agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to
execute said agreement.
BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan
Department of State, Office of the Great Seal.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Sheriff’s Office, Prosecuting Attorney and Circuit Court, Application for
Federal Assistance, Attachment 1 – Project Narrative, and Attachment 2 – Project Budget on file in
County Clerk’s office.
INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE COUNTY OF OAKLAND AND
VARIOUS CITIES, VILLAGES AND TOWNSHIPS FOR APPLICATION FOR FEDERAL BUREAU OF
JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
FUNDS
This Intergovernmental Agreement (Agreement) is made between and among the governmental entities,
Constitutional and Municipal Corporations in the State of Michigan whose names are listed in Appendix A.
Commissioners Minutes Continued. September 2, 2009
590
In this Agreement, any reference to a “Party” is a reference to each and every governmental entity that is
identified in Appendix A and any reference to “Parties” is a reference to all the governmental entities listed
in Appendix A.
In consideration of the mutual promises, obligations, representations and assurances in this Agreement,
the Parties agree as follows:
1. Purpose of Agreement
The Parties to this Agreement are Governmental Entities, including the County of Oakland and
various cities, villages and townships within the County of Oakland, that have been, are, or may
be certified as disparate by the Bureau of Justice Assistance (BJA) Edward Byrne Justice
Assistance Grant (JAG) Program. By entering into this Agreement, the Parties acknowledge their
intention to submit a joint application for the aggregate JAG Program funds that may be available
to them in FY 2009 – 2010. In any Grant application required by the JAG Program, the Parties
shall specify the amount of funds that are to be distributed to each of them and the purposes for
which the funds will be used and their individual and collective intention to comply with any and all
Grant requirements established by the Bureau of Justice Assistance.
2. Definitions
2.1. Agreement means the terms and conditions of this Agreement, any Appendices to this
Agreement, and any other mutually agreed upon written modification, amendment, or
addendum signed by the Parties to this Agreement.
2.2. Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG)
Program means the Grant program of the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, by which Federal funds are made available to
support all components of the criminal justice system, from multi-jurisdictional drug and
gang task forces to crime prevention and domestic violence programs, courts,
corrections, treatment, and justice information sharing initiatives, as further and more fully
defined in the Grant application and other federal Grant information.
2.3. The Grant or Grant means the funds awarded to the Governmental Entities pursuant to
BJA Grant Application number 2009-H0582-MI-DJ submitted to the Edward Byrne Justice
Assistance Grant (JAG) Program by the County of Oakland on behalf of itself and the
Governmental Entities identified in Appendix A.
2.4. Disparate Certification
A disparate allocation occurs when a city or municipality is scheduled to receive one and
one-half times (150 percent) more than a county with concurrent jurisdiction, while that
county bears more than 50 percent of the costs associated with prosecution or
incarceration of the municipality’s Part 1 violent crime. Multiple disparate allocations
occur when multiple cities or municipalities are collectively eligible to receive four times
(400 percent) more than the county. JAG disparate jurisdictions are certified by the
Director of the Bureau of Justice Assistance (BJA), based in part on input from the state’s
Attorney General. As used in this Agreement, “certified as disparate” means that the
Parties to this Agreement fit the criteria described in this section.
2.5. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees,
court costs, investigation expenses, litigation expenses, and amounts paid in settlement,
which are imposed on, incurred by, or asserted against the Fiscal Agent or Governmental
Entity, as defined herein, whether such claim is brought in law, equity, tort, contract, or
otherwise.
2.6. Fiscal Agent means the County of Oakland, a constitutional Corporation including, but not
limited to, it’s Board, any and all of its departments, divisions, elected and appointed
officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons’ successors.
2.7. Governmental Entity (or the name of any governmental entity referenced in Appendix A)
each shall be defined to include any and all departments, divisions, commissioners,
elected and appointed officials, boards, councils, directors, board members, council
members, authorities, committees, employees, agents, subcontractors, volunteers and/or
any such persons' successors of the referenced governmental entity or unit (“Agents”).
Commissioners Minutes Continued. September 2, 2009
591
3. Appendices
3.1. Appendix A: List of Governmental Entities Certified as Disparate by the Bureau of Justice
Assistance for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds.
3.2. Appendix B: Grant Fund Allocations
3.3. Appendix C: Transfer of Ownership Agreement/Equipment Receipt and Acceptance for
Purchases under CFDA Number 16.738
3.4. Appendix D: Use of the Equipment
3.5. Appendix E: Equipment Request Form
4. Terms
4.1. Grant Compliance. Each Party agrees that any and all funds granted to it pursuant to the
joint Grant application to the Bureau of Justice Assistance (BJA) Edward Byrne Justice
Assistance Grant (JAG) Program shall be used by it only as described in the Grant
application, only according to the provisions in the Grant agreement and its amendments,
if any, and only in a manner that will serve the purposes defined in the Grant.
4.2. Grant Assurances, Certifications and Audit Requirements. Each Party agrees that it will
comply with any and all standard assurances set forth in the grant application and grant
contract; will conform its behavior to the requirements set forth in the relevant United
States Office of Management and Budget (OMB) circulars identified in the grant
application and grant contract; will remain in compliance with the Federal requirements
regarding lobbying, debarment, responsibility, drug free environment, and non-
discrimination; and, will conduct such audits as may be required by the grant application,
contract and award of grant funds.
4.3. Intergovernmental Agreement Requirement. The Parties acknowledge that in order to be
eligible for the JAG funds, the Federal Government, and not any individual Party to this
Agreement, requires them to enter into this Intergovernmental Agreement setting forth
their obligations regarding the management and oversight of Grant funds.
4.4. Intergovernmental Agreement Compliance. The Parties agree to abide by the terms and
conditions set forth in this Intergovernmental Agreement relating to any and all aspects of
the Grant and management of Grant funds, including but not limited to: receipt of Grant
funds; use of Grant funds; reporting on the use of Grant funds; and the effectiveness of
Grant funds in achieving the purposes for which they were granted. The Parties shall
comply with all other requirements established now, or in the future, by the BJA and as
may be required by the BJA or the Fiscal Agent to achieve the smooth and efficient
administration of the Grant, including, but not limited to, the timely filing of reports as
required by the Bureau of Justice Assistance and management of property and assets
acquired with Grant funds.
4.5. Allocation of Grant Funds. Any funds granted to the Parties by the Department of Justice
under the JAG shall be allocated and expended only as prescribed and permitted by the
JAG Grant. For the grant period 2009-2010, the total Grant allocation is four hundred
thirty one thousand, nine hundred twenty eight dollars ($431,928). The sum allocated to
each Party is set forth in Appendix B which is fully incorporated here by reference, and
may be expended over the four (4) year grant period which extends through 2012. Any
interest earned on funds placed in the trust fund shall inure to the benefit of the Parties to
this Agreement and, unless the Parties agree otherwise, will be allocated to each Party in
an amount proportionate to that Party’s grant.
4.6. Dispersal of Grant Funds. The County agrees to act as Fiscal Agent for any funds
granted to the Parties pursuant to their joint Grant application, including initial acceptance
of funds from the BJA and the dispersal of Grant funds to the Parties up to the amounts
established by BJA. The County will not charge an administrative fee for acting as Fiscal
Agent pursuant to this Agreement. Any interest earned on funds shall inure to the benefit
of the Parties to this Agreement and, unless the Parties agree otherwise, will be allocated
to each Party in an amount proportionate to that Party’s grant.
4.7. Reporting Obligations. Each Party shall be fully responsible for timely completing any
and all compliance reports required by BJA or timely providing the County with
information, in the agreed-upon format, necessary to complete any and all BJA
compliance reports that are or may be required under the Grant. The Parties agree that
Commissioners Minutes Continued. September 2, 2009
592
given the size of the Grant, the 4 year period in which funds may be expended, and the
number of Parties involved, providing required reporting information related to its
utilization of Grant funds is the sole responsibility of each Party. The County agrees that,
provided it has received the required reporting information, it shall be responsible for
submitting to BJA any and all reports and information that may be required in order to
fulfill the conditions of the Grant in a timely manner that fully comports with the
requirements of the Grant. The County will provide reports to the Parties on their
individual and collective expenditure of Grant funds and remaining balance at least
annually.
4.8. Communication Among Parties. Each Party agrees, upon request, to provide summary
information on its compliance with Grant requirements to the other Parties’ Grant
administrators and to provide the County with other information that may be required or
that the County may request to ensure that the County, as original recipient of the Grant
funds, is able to perform all tasks and activities necessary to satisfy its obligations as
Fiscal Agent under the Grant.
4.9. Equipment and Property Acquisition.
4.9.1. If Grant funds are provided to any Party to purchase equipment or property, the
County shall be responsible for procuring and paying for the equipment
according to the County’s procurement policies or as otherwise required by the
Grant agreement.
4.9.2. Title to the equipment or property shall be transferred to the requesting Party
according to the provisions in Appendix C, Transfer of Ownership
Agreement/Equipment Receipt and Acceptance, which is fully incorporated here
by reference. The Parties represent and warrant that only those Agents duly
authorized and empowered to transfer or accept property or equipment on behalf
of the County and the Party shall sign the Transfer of Ownership/Equipment
Receipt and Acceptance.
4.9.3. The Governmental Entity agrees that it will refrain from using or permitting any
Agent to use the equipment until the Fiscal Agent has acknowledged receipt of
the Transfer of Ownership Agreement/Equipment Receipt and Acceptance.
Upon transfer of title, the Party’s rights and obligations regarding the property are
as described in Appendix D, which is fully incorporated into this Agreement.
4.9.4. Each Party shall be responsible for creating, maintaining and updating a
list/inventory of all equipment purchased for it with Grant funds, beginning on the
date on which title to the property is transferred to the Party and ending three (3)
years after the Grant has expired.
4.9.5. Annually, no later than 30 days following the end of the calendar year, each Party
shall submit an updated report on the property and equipment it has received
under the Grant to the County. The list/inventory shall include 1) the name of the
equipment and any identifying tracking numbers; 2) the cost of the item; 3) the
physical location of the equipment; and, 4) the condition of the equipment.
4.10. Hiring Employees. Parties shall complete such reporting requirements as may be set
forth in the grant agreement that will be executed by the County and is the subject of this
intergovernmental agreement. Parties agree to provide, as required by the Grant
agreement, salary certifications and any other detail that may be required for each and
every position.
4.11. Duration. Unless terminated according to the provisions of Sections 4.14 or 4.15 or
extended by a signed Amendment to this Agreement, this Interlocal Agreement shall
expire by its own terms at 11:59:59 on September 30, 2012.
4.12. Office of the Great Seal. The County will file a copy of this Agreement with the Clerk of
the County of Oakland and the Office of the Great Seal of the State of Michigan, as
required by MCL 124.510, after it has been approved pursuant to resolution of the
authorized legislative body of each Party, and signed by its authorized representative.
4.13. Termination for Convenience. This Agreement may be terminated by any Party provided
the Party fully and completely withdraws from participation in the BJA Grant for which this
Agreement was developed and executed, and only if it has, until the date of termination
Commissioners Minutes Continued. September 2, 2009
593
or for any other period required by BJA, fully complied with the terms and conditions of
the Grant and fulfilled all of its obligations set forth in the Grant and this Agreement.
Termination of this Agreement does not release any Party from any obligations that Party
may have to the Grantor under the Grant application or Grant agreement or as otherwise
required by the BJA.
4.14. Termination for Breach. If a Party is alleged to or fails to comply with the requirements of
the BJA regarding the Grant, or is alleged to or fails to comply with the terms of this
Agreement, the remaining Parties to this Agreement may terminate their Agreement with
the non-compliant Party and continue this Agreement among themselves. A Party who is
non-compliant with the Grant requirements assumes sole risk and liability for its non-
compliance including liability for any penalties that may be imposed by the BJA or other
department or agency of the Federal Government because of its alleged non-compliance.
The non-compliant Party agrees that it will refrain from any actions to shift or assign
liability or responsibility for its non-compliance onto other Parties to this Agreement.
4.15. Non-Supplanting. Each Party, by entering into this Agreement, warrants and represents
that the funds for which the County will apply on behalf of all of the Parties will not
supplant or replace other state or local funding allocated to cover the identified services.
4.16. Other Grant Warranties. Each Party entering into this Agreement warrants and certifies
that it is in compliance with the warranties and certifications required in the Grant
application and authorizes the County to make such warranties and certifications on its
behalf. Each Party will fully comply with the warranties and certifications throughout the
term of the Grant and this Agreement.
4.17. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as
creating an employer-employee relationship between any Party (including any of its
Agents), and any other Party (including any of its Agents).
4.18. No Indemnification. Each Party shall be responsible for its own acts and/or omissions
and the acts and/or omissions of its Agents. Nothing in this Agreement shall be construed
as creating an obligation to indemnify or defend any other Party or Parties for any claim,
damage or liability arising out of or stemming from any act or action of any Party,
including, but not limited to the use of Grant funds pursuant to this Agreement.
4.19. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation and/or any other
right in favor of any other person or entity.
4.20. Reservation of Rights. This Agreement does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity.
4.21. Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by the Parties.
4.22. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue
or enforce any rights or remedies under this Agreement shall constitute a waiver of those
rights with regard to any existing or subsequent breach of this Agreement. No waiver of
any term, condition, or provision of this Agreement, whether by conduct or otherwise, in
one or more instances, shall be deemed or construed as a continuing waiver of any term,
condition, or provision of this Agreement. No wavier by any Party shall subsequently
affect its right to require strict performance of this Agreement.
4.23. 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 and effect.
4.24. Discrimination. The Parties shall not discriminate against their employees, agents,
applicants for employment, or another person or entities with respect to hire, tenure,
terms, conditions, and privileges of employment, or any matter directly or indirectly
related to employment in violation of any federal, state or local law.
Commissioners Minutes Continued. September 2, 2009
594
4.25. Permits and Licenses. Each party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and
governmental authorizations necessary to carry out its obligations and duties pursuant to
this Agreement.
4.26. Delegation/Subcontract/Assignment. No Party shall delegate, subcontract, and/or assign
any obligations or rights under this Agreement without the prior written consent of the
BJA Edward Byrne Justice Assistance Grant (JAG) Program and notice of such consent
to the Fiscal Agent.
4.27. Survival of Terms. The following sections shall survive termination of this Agreement:
Grant Compliance; Reporting Obligations; Reservation of Rights; Governing Law;
Severability; No Indemnification; Equipment and Property Acquisition; Full Compliance
and Survival of Terms.
4.28. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
4.29. Knowledge of Terms and Conditions. Each Party has fully reviewed the terms, conditions
and requirements of the Grant and this Agreement and accepts that the obligations set
forth in those terms, conditions and requirements apply fully and completely to it
regardless of the amount of its individual Grant or its percentage of the full dollar amount
granted by BJA to the entities listed in Appendix A. Each Party acknowledges its
obligation to fulfill those conditions, requirements and obligations in order to ensure
compliance with Grant requirements. A Party who fails to fulfill those terms, conditions
and requirements will also be in breach of this Agreement.
4.30. Full Compliance. Each Party shall use its best efforts to ensure that it has fully complied
with all Grant requirements and agrees that its full compliance is necessary in order to
ensure that all other Parties are not subject to any penalty as a result of a Party’s failure
to fully comply with the Grant requirements. Each Party shall bear its own risk of grant-
related penalties up to and including debarment in the event that the BJA determines that
the Party has misused granted funds or failed to abide by the terms and conditions of the
Grant Agreement or if the BJA determines that the Party’s representations made in
preparation of the Grant application or acceptance of the Grant Agreement regarding, by
way of example and not limitation, lobbying, supplanting and compliance with other
federal regulations require, in the BJA’s opinion, a penalty.
4.31. Notice. 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 contact persons listed in Appendix A. Notice will be
deemed given on the date when one of the following first occurs: 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. A Party may
change the contact person by notifying the other Parties in writing.
4.32. Governing Law. This Agreement shall be governed, interpreted and enforced by the laws
of the State of Michigan.
4.33. 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 bind the Parties to the terms and
conditions contained here.
4.34. Entire Agreement. This Agreement represents the entire Agreement between the Parties
for JAG grant applications for fiscal year 2009 – 2010 and supersedes all other
Agreements between the Parties governing the matters described here, limited to JAG
Grant Application Number 2009-H0582-MI-DJ, for fiscal year 2009 – 2010.
Notwithstanding the preceding sentence, this intergovernmental agreement does not
supersede any intergovernmental agreements entered into by the Parties for purposes of
applying for JAG grants made available under the America Recovery and Reinvestment
Act of 2009. The language of this Agreement shall be construed as a whole according to
its fair meaning, and not construed strictly for or against any Party.
Commissioners Minutes Continued. September 2, 2009
595
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order
to make application for Grant funds that may be available, the Parties enter into this Agreement.
For the City of :
__________________________________________ ________________
(print name) ________________________________ Date
For the City of:
__________________________________________ ________________
(print name) ________________________________ Date
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order
to make application for Grant funds that may be available, the Parties enter into this Agreement.
For the County of Oakland:
___________________________________________ ________________
(print name) _________________________________ Date
FISCAL NOTE (MISC. #09193)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, PROSECUTING ATTORNEY AND CIRCUIT
COURT – 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM –
INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION
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, along with 9 local jurisdictions, has been allocated $431,928 and has applied to
the U.S. Department of Justice, Office of Justice Programs for funding under the 2009 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program.
2. The grant funding period is October 1, 2008 through September 30, 2012.
3. The grant application requires the adoption of an intergovernmental agreement between Oakland
County and the local units of government applying for this grant.
4. The State statute (MCL) 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities.
5. An intergovernmental agreement between Oakland County and the City of Auburn Hills, City of
Farmington Hills, City of Ferndale, City of Hazel Park, City of Oak Park, City of Pontiac, City of
Royal Oak, City of Southfield and Waterford Charter Township is included as part of the
application packet.
6. Oakland County’s share of the $431,928 is $56,645 (Sheriff $36,197, Prosecuting Attorney
$14,048, Circuit Court $6,400). The remaining $375,283 is distributed among the 9 local
jurisdictions based on Federal allocation. There is no grant match requirement.
7. Oakland County has been elected to serve as fiduciary and lead agency for the entire award.
8. Total funding of $431,928 will be given to Oakland County to acquire equipment for the County
departments and 9 local jurisdictions as detailed in the narrative and budget portions of the
application. All equipment purchased with the grant funds will be delivered to the individual
requesting party.
9. Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the
requesting party upon delivery.
FINANCE COMMITTEE
(The vote for this motion appears on page 596.)
Commissioners Minutes Continued. September 2, 2009
596
*MISCELLANEOUS RESOLUTION #09194
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE - CONTINUATION OF POSITION IN THE SHERIFF'S
OFFICE/CORRECTIVE SERVICES - DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION
OF THE ELECTRONIC PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED
POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Criminal Justice Coordinating Council (CJCC) was created to address chronic county-
wide jail overcrowding issues and has devised and implemented several programs to manage increasing
jail population; and
WHEREAS the electronic tether for low risk offenders who have completed at least 50% of their
sentences was adopted as a cost-effective alternative to incarceration per M.R. #07226; and
WHEREAS M.R. #08181 authorized the expansion of the tether program to include district courts and
misdemeanants and established a pilot project to address the “driving while license suspended” (DWLS)
and “No ops” (operating a vehicle without a license in one’s possession) offenders; and
WHEREAS to handle the management and tracking of offenders in the Electronic Monitoring Program a
part-time non-eligible (PTNE) Inmate Substance Abuse Technician, position #10726, was created in the
Sheriff's Office/Corrective Services-Detention/Inmate Program Services through September 30, 2009;
and
WHEREAS the expansion of the Electronic Monitoring Program was initially funded through the Jail
Population Management Fund for the Fiscal Year 2008-2009; and
WHEREAS the expansion of the Electronic Monitoring Program has proven to be beneficial to reduce jail
overcrowding and related costs; and
WHEREAS the Sheriff’s Office is requesting the continuation of the associated position with the
expansion of the Electronic Monitoring Program; and
WHEREAS Management & Budget/Fiscal Services has reviewed the Electronic Monitoring Program
budget during the Fiscal Year 2010 Budget process and recommends, with the support of Human
Resources, General Fund/General Purpose funding for the continuation of this program and position
#4030320-10726 through September 30, 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioner continues
supporting the ongoing effort to reduce jail overcrowding though the continuation of the tether program for
low risk offenders including those driving while license suspended (DWLS) or No Ops charges.
BE IT FURTHER RESOLVED that the expanded Electronic Monitoring Program and one (1) part-time
non-eligible (PTNE) Inmate Substance Abuse Technician, position #4030320-10726, in the Sheriff's
Office/Corrective Services-Detention/Inmate Program Services be continued through September 30, 2012
and reviewed for continuation thereafter.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Vote on Consent Agenda:
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
Commissioners Minutes Continued. September 2, 2009
597
MISCELLANEOUS RESOLUTION #09195
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS additional compensation for overtime exempt employees in the Information Technology
Department at a straight time hourly rate for all hours worked beyond 48 hours in a workweek for specific,
pre-approved assignments has been annually authorized beginning with Miscellaneous Resolution
#99155; and
WHEREAS the Human Resources Department initially developed and proposed this approach in
response to the occasional, identified need of the Information Technology Department to address a
particular technical project or problem; and
WHEREAS the Human Resources Department has assessed the value and cost of this program and
found it provides the Director of Information Technology with an effective management tool which is cost
and project effective compared to other alternatives such as contracted staff; and
WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is
provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status
report; and
WHEREAS Miscellaneous Resolution #08193 required that this additional compensation provision be
subject to review and evaluation for continuation by the Board of Commissioners after one year; and
WHEREAS this additional compensation provision is estimated at $10,000 for Fiscal Year 2010 and is
based on previous usage for Fiscal Year 2002 - Fiscal Year 2009; and
WHEREAS funding is available in the Fiscal Year 2010 Budget for Information Technology Fund, no
budget amendment is required.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal
Year 2010, additional compensation for overtime exempt employees in the Information Technology
Department (excluding Managers and the Director) at a straight time hourly rate for all hours worked
beyond 48 hours in a work week (hours worked beyond 48 in a work week must be pre-approved by
supervision in order to be compensable) for specific pre-approved assignments.
BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of
additional compensation for overtime exempt employees in the Master Plan Quarterly Status document.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee. There were no objections.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE LIBRARY BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expiring appointment on the Library Board for
the Circuit Court seat and the attached recommendation letter from the Chief Judge of the Circuit Court,
recommends the reappointment of Judge Steven Andrews for a five-year term effective August 24, 2009.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Correspondence from Wendy Potts, Chief Judge of Oakland County Circuit Court on file in
County Clerk’s office.
Moved by Long supported by Potts the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. September 2, 2009
598
Moved by Long supported by Potts the appointment of Judge Steven Andrews to the Library Board for a
five-year term effective August 24, 2009 be confirmed.
Vote on appointment:
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment was confirmed.
REPORT (MISC. #09179)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CONTINUATION OF THE STATE FAIR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on August 24,
2009, reports with the recommendation that the resolution be adopted with the following amendment:
BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Jennifer
Granholm, and to all members of Michigan’s legislature and all county boards of
commissioners in the State of Michigan.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #09179
BY: Tim Greimel, District #11, Thomas F. Middleton, District #4, David Coulter, District #25
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
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
Commissioners Minutes Continued. September 2, 2009
599
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
Moved by Greimel supported by Middleton the resolution be adopted.
Moved by Greimel supported by Middleton the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Greimel supported by Middleton the resolution be amended to coincide with the
recommendation in the General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Gosselin supported by Greimel the resolution be amended as follows:
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 provided the State fair funding does
not cause or contribute to deficit spending.
Discussion followed.
Vote on amendment:
AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Zack, Bullard, Burns, Capello. (24)
NAYS: McGillivray. (1)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Commissioners Minutes Continued. September 2, 2009
600
Vote on resolution, as amended:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Zack, Bullard, Burns, Capello, Coleman. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #09161)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09161 on August 26, 2009 reports with the
recommendation the resolution be amended as follows:
“NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners adopts a 2010,
2011, 2012 budget that includes the across the board pay reductions for all county employees, that all
County Commissioners are strongly urged to voluntarily return to Oakland County the same
percentage cut in net gross pay imposed on county employees, starting October 1, 2009 as well any
additional cut in net pay beginning October 1, 2010, for the year 2010.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the
salary for the 2011 and 2012 County Commissioner term of office as a “me too” consistent with the
same percentage of salary decrease imposed upon Oakland County employees for 2011 and the
same amount of increase or decrease provided to Oakland County employees in 2012.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09161
BY: Bill Bullard Jr., Michael Gingell, David Coulter, Tim Greimel, Shelley Taub, Steven Schwartz,
Thomas Middleton, Bradford Jacobsen, Jim Runestad, Sue Ann Douglas, Jeff Potter, Kim Capello,
Robert Gosselin, Eric Coleman, Tim Burns
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the effects of Michigan’s recession continues to negatively impact the economy and lives of
all of our citizens; and
WHEREAS the economic downturn has had a devastating effect on home and property values resulting
in a reduced tax base which the county relies on for a significant portion of it’s General Fund operating
revenue; and
WHEREAS the anticipated State Taxable Value (STV) for FY 2010 is 13% less than the prior year, and
FY 2011 is expected to be an additional 12% less and, FY 2012 expected to be further 5% reduction; and
WHEREAS the County Executive’s Recommended Budget for 2010, 2011, and 2012 incorporates
substantial expenditure reductions for those years in order to maintain a balanced budget; and
WHEREAS among those recommendations are a 2.5% across the board reduction in pay for all
employees for FY 2010, and an additional 2.5% pay reduction in FY 2011; and
WHEREAS by law elected official’s compensation cannot be reduced during their term of office; and
WHEREAS the Board of Commissioners voted to forgo 1% pay increases and freeze their salaries in FY
2009 and FY 2010; and
WHEREAS the County Executive has indicated he will voluntarily reduce his pay by 2.5% in 2010, and
2.5% in 2011.
NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners adopts a 2010, 2011,
2012 budget that includes the across the board pay reductions for all county employees, that all County
Commissioners Minutes Continued. September 2, 2009
601
Commissioners are strongly urged to voluntarily return to Oakland County the same percentage cut in net
pay imposed on county employees, starting October 1, 2009 as well any additional cut in net pay
beginning October 1, 2010.
Chairperson, we move the foregoing resolution.
BILL BULLARD, MICHAEL GINGELL, DAVID
COULTER, THOMAS MIDDLETON, SHELLEY
TAUB, STEVEN SCHWARTZ, TIM GREIMEL,
BRADFORD JACOBSEN, JIM RUNESTAD,
SUE ANN DOUGLAS, JEFF POTTER, MARCIA
GERSHENSON, ROBERT GOSSELIN, ERIC
COLEMAN, DAVID POTTS, JOHN SCOTT,
CHRISTINE LONG, HELAINE ZACK, DAVID
WOODWARD, JIM NASH, GARY
McGILLIVRAY, MATTIE HATCHETT, JANET
JACKSON, KIM CAPELLO, TIM BURNS
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09196
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY &
HOME IMPROVEMENT DIVISION - 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN - ACCEPTANCE OF SUBSTANTIAL AMENDMENT FOR 2009 CDBG
RECOVERY (CDBG-R)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS federal funding for the Community Development Block Grant - Recovery (CDBG-R) program
is authorized pursuant to Title XII of H.R. 1, the American Recovery and Reinvestment Act of 2009
(Public Law 111-05) as a one-time stimulus allocation to Community Development Block Grant
entitlement jurisdictions to promote job creation and economic recovery through shovel-ready
infrastructure project assistance; and
WHEREAS the Oakland County Board of Commissioners authorized submittal of a Substantial
Amendment to the 2008 Annual Action Plan for 2009 CDBG-R funding to the U.S. Department of Housing
and Urban Development (HUD); and
WHEREAS HUD awarded 2009 CDBG-R funding totaling $1,015,800 to Oakland County; and
WHEREAS CDBG-R funds must be targeted and prioritized to projects serving eligible CDBG census
tracts/block groups within communities that demonstrate need, jobs created/retained, project readiness
and administrative capacity to contractually obligate CDBG-R projects within 120 days of HUD’s signature
on the grant agreement and ensure responsible spending within the priorities of the Recovery Act; and
WHEREAS Oakland County awards 90% of CDBG-R funds ($914,220) to the three top scoring
community projects selected through a competitive CDBG-R application process and reserves 10% of
CDBG-R funds ($101,580) to administer the program through September 30, 2012 as reflected in
Attachment A; and
WHEREAS the CDBG-R grant agreement has been reviewed by County Executive Departments through
the County grant process (M.R. #01320); and
WHEREAS acceptance of the CDBG-R grant does not obligate Oakland County to any future
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts 2009
Community Development Block Grant - Recovery funding from the U.S. Department of Housing and
Urban Development in the amount of $1,015,800.
BE IT FURTHER RESOLVED that the 2008 Annual Action Plan and Consolidated Grant be amended to
reflect the 2009 CDBG-R Substantial Amendment of $1,015,800 in the CDBG program year period of
May 1, 2008 through April 30, 2009.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the three top
scoring CDBG-R community projects selected through a competitive application process totaling
Commissioners Minutes Continued. September 2, 2009
602
$914,220 and 10% of CDBG-R funding ($101,580) to administer the program through September 30,
2012 as reflected in Attachment A.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of Federal funding available for this program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the
Board of Commissioners’ Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
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 – Community and Home Improvement Division, Activity Data
Spreadsheet, Letter from Jeanette Harris, Director, Community Planning and Development, Funding
Approval/Agreement and Special Conditions to the Grant Agreement for Community Development Block
Grant recovery Funds on file in County Clerk’s office.
FISCAL NOTE (MISC. #09196)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN – ACCEPTANCE OF SUBSTANTIAL AMENDMENT FOR 2009 CDBG
RECOVERY (CDBG-R)
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 acceptance of 2009 Community Development Block Grant – Recovery
(CDBG-R) funding from the U.S. Department of Housing and Urban Development (HUD) in the
amount of $1,015,800.
2. Funding is authorized pursuant to Title XII of H.R. 1, the American Recovery and Reinvestment
Act of 2009, as a one-time stimulus allocation to Community Development Block Grant
entitlement jurisdictions to promote job creation and economic recovery through shovel-ready
infrastructure project assistance.
3. The resolution also amends the 2008 Annual Action Plan and Consolidated Grant for the 2009
CDBG-R Substantial Amendment of $1,015,800 in the CDBG program year period of May 1,
2008 through April 30, 2009.
4. The resolution further approves the three top scoring CDBG-R community projects selected
through a competitive application process totaling $914,220 and 10% of funding of $101,580 to
administer the program through September 30, 2012.
5. Funding must be spent within two years and no later than September 30, 2012.
6. No County match is required.
7. No budget amendment is recommended.
FINANCE COMMITTEE
Moved by Scott supported by Potter the resolution (with fiscal note attached) be adopted.
Discussion followed.
Commissioner Burns requested to show a Power Point presentation during his comments.
Chairperson Bill Bullard, Jr. denied the request.
As a point of order, Commissioner Greimel addressed the Chairperson regarding the use of Power Point
presentations.
Commissioners Minutes Continued. September 2, 2009
603
Chairperson Bill Bullard, Jr. stated that Commissioner Burns may make comments and hand out
photocopies, but may not make a Power Point presentation.
Moved by Greimel supported by Coulter to overrule the Chairperson’s decision.
Chairperson Bullard stated the vote of 3/5 of the members present and voting shall be required to reverse
a decision of the Chair. He stated that a “yes” vote is in favor of overruling the Chair’s decision and would
allow Commissioner Burns to continue with a Power Point presentation, and a “no” vote would uphold the
Chair’s decision and Commissioner Burns would not be allowed to make a Power Point presentation.
Vote on appeal:
AYES: Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Potter, Schwartz,
Woodward, Zack, Burns, Coleman, Coulter. (13)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub,
Bullard, Capello. (12)
A sufficient majority not having voted in favor, the Chairperson’s decision to not allow a Power Point
presentation upheld.
Discussion followed.
Vote on resolution:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Capello, Coleman,
Douglas. (21)
NAYS: McGillivray, Woodward, Burns, Coulter. (4)
A sufficient majority having voted in favor, the resolution was adopted.
REPORT (MISC. #09197)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2009 HOMELESSNESS PREVENTION AND RAPID RE-HOUSING
PROGRAM (HPRP) GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE
CONSOLIDATED PLAN 2008 ANNUAL ACTION PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above-mentioned resolution on August 26, 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 #09197
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2009 HOMELESSNESS PREVENTION AND RAPID RE-HOUSING
PROGRAM (HPRP) GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE
CONSOLIDATED PLAN 2008 ANNUAL ACTION PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS federal grant funding for Homelessness Prevention and Rapid Re-housing Program (HPRP)
grant is authorized pursuant to Title XII of H.R. 1, The American Recovery and Reinvestment Act of 2009
(Public Law 111-05); U.S. Department of Housing and Urban Development (HUD) Docket No. FR-5307-
N-01; CFDA Number 14.257; and
Commissioners Minutes Continued. September 2, 2009
604
WHEREAS HUD awarded 2009 HPRP funds totaling $1,553,232 to Oakland County as a substantial
amendment to the Consolidated Plan 2008 Annual Action Plan; and
WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County
2008 Substantial Amendment for the 2009 HPRP grant to HUD; and
WHEREAS HPRP provides emergency financial and case management assistance to individuals and
families who would otherwise become homeless and help those who are experiencing homelessness to
be quickly re-housed and stabilized; and
WHEREAS the HPRP emergency services will be delivered under contract with Oakland County based
public service agencies through a request for proposals process; and
WHEREAS total program revenue for HPRP is the federal grant allocation of $1,553,232 and no County
funds are required; and
WHEREAS the fund schedule and program description for the 2009 HPRP program appear in attachment
A; and
WHEREAS the HPRP grant agreement has been reviewed by County Executive Departments through
the County grant process (M.R. #01320); and
WHEREAS acceptance of this grant does not obligate Oakland County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts 2009
Homelessness Prevention and Rapid Re-housing Program grant funding from the U.S. Department of
Housing and Urban Development in the amount of $1,553,232.
BE IT FURTHER RESOLVED that the 2008 Annual Action Plan and Consolidated Grant be amended to
reflect the 2009 HPRP Substantial Amendment of $1,553,232.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of Federal funding available for this program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the
Board of Commissioners’ Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with
the agreement as originally approved.
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 – Community & Home Improvement Division, Attachment A – 2009
Homelessness Prevention and Rapid Re-Housing Program (HPRP), Letter from Nelson R. Bregon,
General Deputy Assistant Secretary, U.S. Department of Housing and Urban Development, Letter from
Jeanette Harris, Director, Community Planning and Development, and Grant Agreement Homelessness
Prevention and Rapid Re-Housing Program on file in County Clerk’s office.
FISCAL NOTE (MISC. #09197)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – 2009 HOMELESSNESS PREVENTION AND RAPID RE-HOUSING
PROGRAM (HPRP) GRANT ACCEPTANCE AND SUBSTANTIAL AMENDMENT TO THE
CONSOLIDATED PLAN 2008 ANNUAL ACTION PLAN
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 acceptance of 2009 Homelessness Prevention and Rapid Re-
housing Program (HPRP) grant funding from the U.S. Department of Housing and Urban
Development (HUD) in the amount of $1,553,232.
2. The resolution also amends the 2008 Annual Action Plan and Consolidated Grant for the
2009 HPRP Substantial amendment of $1,553,232.
3. The award includes $377,436 for Homelessness Prevention, including $282,378 in
financial assistance and $95,058 for housing relocation and stabilization services;
$1,020,474 for Rapid Re-Housing, including $662,609 in financial assistance and
$357,865 for housing relocation and stabilization services; $77,661 (5%) for data
collection and evaluation; and $77,661 (5%) for administration.
Commissioners Minutes Continued. September 2, 2009
605
4. Sixty percent of HPRP funds must be expended within two years from the date HUD
signs the grant agreement and 100 percent of funds must be spent by March 19, 2012.
5. No County match is required.
6. The grant period begins on the date the grant agreement is signed by HUD and ends
three years thereafter.
7. No budget amendment is recommended.
FINANCE COMMITTEE
Moved by Scott supported by Potter the resolution (with fiscal note attached) be adopted.
Moved by Scott supported by Potter the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Coleman, Coulter, Douglas, Gershenson. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #09198
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET
2009-2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to
develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of
Juvenile Justice, Department of Human Services, annually; and
WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland
County Department of Human Services have developed the attached foster care services budget for the
State's fiscal year, October 1, 2009 through September 30, 2010; and
WHEREAS a friendly lawsuit was filed August 2006. Dwayne B. v. Granholm was settled July 3, 2008
requiring all foster parents (relative or non-relative) be licensed; and
WHEREAS Oakland County’s Department of Management and Budget was concerned with the fiscal
implications of the settlement agreement. Representatives from the 6th Circuit Court’s Administration, the
Local State of Michigan’s DHS, Oakland County’s Department of Human Services and Oakland County’s
Department of Management and Budget met on February 25, 2009 to discuss these fiscal concerns. The
State of Michigan’s DHS representatives assured us that the settlement of Dwayne B. v Granholm would
not adversely affect our fiscal position; and
WHEREAS the County Executive relied on the Department of Human Services representative’s
assessment when recommending the FY 2010-FY 2012 budget; and
WHEREAS subsequent to the recommendation the local DHS submitted figures for the FY 2010 Child
Care Fund contract requesting an increase totaling $1,722,501 from the County Executive
Recommended budget. Specifically, County DHS Supervised Foster Care payments increased
$786,592, County DHS Placed Foster Care and Administrative Rate Payments increased $67,432,
County DHS Placed In-state payments increased $417,569, and Independent Living County DHS placed
foster care and administrative rate increased $450,908; and
WHEREAS representatives from Oakland County’s Management and Budget, Oakland County’s Board of
Commissioners, and Oakland County’s Department of Health and Human Services met with State of
Michigan local DHS representatives on July 10, 2009 and made clear the County’s annual budget is the
legally binding appropriation. DHS does expect to stay within their County appropriation; and
Commissioners Minutes Continued. September 2, 2009
606
WHEREAS Oakland County will be submitting to the Bureau of Juvenile Justice, Department of Human
Services the increased DHS figures submitted to the County because this is the maximum authorization
the state will allow; and
WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to
the State Office.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes
submission of the 2009-2010 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s
Child Care Fund Unit, Department of Human Services.
BE IT FURTHER RESOLVED the Department of Human Services is legally bound to the appropriation
contained in the FY 2010-2012 Adopted County Budget.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of County Child Care Budget Summary and In-Home Care/Basic Grant Budget Detail Report,
Michigan Department of Human Services on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09199
BY: Jeff Potter, District #8
IN RE: BOARD OF COMMISSIONERS – SUPPORT LEGISLATION TO TEMPORARILY REDUCE
NUMBER OF CIRCUIT COURT JUDGESHIPS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is facing severe budget challenges due to a sharp decline in the
taxable valuation of property and reduced federal and state revenue distributions; and
WHEREAS in response to declining revenues, the elected officials and departments in Oakland County
have been asked to reduce expenditures to eliminate projected budget shortfalls; and
WHEREAS the Circuit Court will have an open judgeship on January 1, 2011 due to Constitutional
limitation; and
WHEREAS the Circuit Court has requested legislation (legislative bill request 04430’09) to temporarily
reduce the number of circuit court judgeships from 19 to 18 for the period January 1, 2011 to January 1,
2015 for the purpose of reducing county expenditures to help alleviate budget shortfalls which are
currently projected for the next few years; and
WHEREAS it is estimated that Oakland County will save nearly $1.8 million over the four-year period
during which the number of judgeships is reduced from 19 to 18; and
WHEREAS legislative bill request 04430’09 would reinstate the number of circuit court judgeships to 19
on January 1, 2015.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
legislative bill request 04430’09 to temporarily reduce the number of circuit court judgeships in the Sixth
Judicial Circuit Court in Oakland County from 19 to 18 for the period January 1, 2011 to January 1, 2015.
BE IT FURTHER RESOLVED that the copies of this resolution be sent to Oakland County’s legislative
delegation, the House and Senate Judiciary Committees, the Speaker of the House, the Senate Majority
Leader, the State Court Administrative Office and the Oakland County lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
JEFF POTTER, CHRISTINE LONG, KIM
CAPELLO, BRADFORD JACOBSEN, MICHAEL
GINGELL, THOMAS MIDDLETON, ROBERT
GOSSELON, JOHN SCOTT, BILL BULLARD,
MARCIA GERSHENSON, SHELLEY TAUB,
GARY McGILLIVRAY, JIM RUNESTAD, JANET
JACKSON, JIM NASH, TIM GREIMEL,
HELAINE ZACK, DAVID COULTER, STEVEN
SCHWARTZ, ERIC COLEMAN, DAVID
WOODWARD, MATTIE HATCHETT
Commissioners Minutes Continued. September 2, 2009
607
Moved by Potter supported by Middleton to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09199 – BOARD OF COMMISSIONERS – SUPPORT LEGISLATION TO
TEMPORARILY REDUCE NUMBER OF CIRCUIT COURT JUDGESHIPS.
Vote on motion to suspend the rules:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Capello, Coleman,
Coulter, Douglas, Gershenson, Gingell. (24)
NAYS: Burns. (1)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09199 – BOARD OF COMMISSIONERS – SUPPORT
LEGISLATION TO TEMPORARILY REDUCE NUMBER OF CIRCUIT COURT JUDGESHIPS carried.
Moved by Potter supported by Middleton the resolution be adopted.
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09200
BY: Shelley Taub, District #16, David Woodward, District #18, Bill Bullard, District #2
IN RE: BOARD OF COMMISSIONERS – DESIGNATING SEPTEMBER 11 – 17, 2009, AS MICHIGAN
PATRIOT WEEK IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the history and the founding principles of the United States of America should serve as the
cornerstone of civic education. In great reverence to the victims of the 9/11 attacks, we acknowledge that
American citizens must take time to honor the principles and events that led to the creation of our nation,
its founders, documents, and symbols of our history; and
WHEREAS the events that led to the signing of The Constitution of the United States of America by the
delegates of the Constitutional Convention on September 17, 1787, have significance for every American
and are honored in public schools across the nation on September 17 as Constitution Day; and
WHEREAS our nation was founded on the principles outlined in the Declaration of Independence, which
include:
1. All men are created equal.
2. They are endowed by their Creator with certain unalienable rights.
3. These basic rights are: life, liberty, and the pursuit of happiness.
4. Governments are to be instituted among men to secure these rights.
5. Governments derive their just power from the consent of the governed.
6. The people may alter or abolish the government if it destroys these stated principles; and
WHEREAS exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry,
John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther
King, Jr., Elizabeth Cady Stanton, Susan Anthony, Thomas Jefferson, and James Madison founded and
advanced the United States; and
WHEREAS the Bennington Flag, work of Betsy Ross, American Flag, Suffragist Flag, Union Flag,
Gadsden Flag, and the flag of the State of Michigan are key physical symbols of American history that
should be studied and remembered by each American citizen.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
designate September 11-17, 2009, as Michigan Patriot Week, in Oakland County - symbolically beginning
this celebration on September 11 and concluding on Constitution Day.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the citizens,
government agencies, municipalities, businesses, nonprofit organizations, and schools of the State of
Commissioners Minutes Continued. September 2, 2009
608
Michigan to recognize and participate in this extended holiday by honoring and celebrating the First
Principles, key historical figures, founding documents, and symbols of America so that they may offer the
reverence that is due to our free republic.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Michigan Council for Social Studies, Michigan Center for Civic
Education, State Board of Education, Oakland Schools, State Bar of Michigan, Oakland County Bar
Association, Oakland County Circuit Court, Speaker of the House Andy Dillon, Senator Michael Bishop,
and Governor Jennifer M. Granholm.
Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, DAVID WOODWARD, BILL
BULLARD, DAVID POTTS, BRADFORD
JACOBSEN, SUE ANN DOUGLAS, ROBERT
GOSSELIN, CHRISTINE LONG, MICHAEL
GINGELL, JOHN SCOTT, JIM RUNESTAD,
JEFF POTTER, KIM CAPELLO, TOM
MIDDLETON, TIM GREIMEL, TIM BURNS,
ERIC COLEMAN, MATTIE HATCHETT, JANET
JACKSON
Moved by Taub supported by Woodward to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09200 – BOARD OF COMMISSIONERS – DESIGNATING SEPTEMBER 11 – 17, 2009,
AS MICHIGAN PATRIOT WEEK IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09200 – BOARD OF COMMISSIONERS – DESIGNATING
SEPTEMBER 11 – 17, 2009, AS MICHIGAN PATRIOT WEEK IN OAKLAND COUNTY carried.
Discussion followed.
Moved by Greimel supported by Nash to amend the resolution in the 4th WHEREAS paragraph to include
Cesar Chavez.
Vote on amendment:
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin, Greimel. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas,
Gershenson, Gingell, Gosselin, Greimel, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioners Minutes Continued. September 2, 2009
609
MISCELLANEOUS RESOLUTION #09201
BY: Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – NOTICE TO CITY OF CLAWSON REGARDING OAKLAND
COUNTY’S DETERMINATION TO EXEMPT ITS AD VALORUM PROPERTY TAXES FROM CAPTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland
County; and
WHEREAS among the tools used to promote this economic growth is Tax Increment Financing (TIF) in
the form of Downtown Development Authorities (DDAs), Local Development Finance Authorities (LDFAs),
and Corridor Improvement Authorities (CIAs); and
WHEREAS to review requests from the Cities, Villages, and Townships to establish DDAs, LDFAs, and
CIAs, the Board of Commissioners has, pursuant to Miscellaneous Resolution #99010, established the
Tax Increment Financing District Review Policy Ad Hoc Committee (Review Committee) to evaluate and
recommend to the Finance Committee on the County’s participation in these proposed Authorities; and
WHEREAS the Review Committee has promulgated protocols and performance standards for County
participation in these Authorities, and this Board of Commissioners has adopted these policies as
guidelines to assist the County in its review of a municipality’s plan; and
WHEREAS representatives from the City of Clawson and the Clawson DDA met with the Review
Committee on May 21, 2009, to present a proposed District expansion; however, no action was taken at
that time because the Review Committee requested additional information; and
WHEREAS the City of Clawson has since held its public hearing on July 7, 2009; and
WHEREAS due to the timing of the public hearing, the County Board of Commissioners meeting
schedule, and the 60-day statutory timeframe within which a taxing jurisdiction, in this case the County,
must act, this Board has determined to exempt any County Ad Valorum property taxes from capture.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to
Section 3 (3) of 1975 PA 197 as amended, MDL 125.1653(3), hereby exempts County Ad Valorum
property taxes from capture by the proposed expanded City of Clawson DDA.
BE IT FURTHER RESOLVED that if, after further review of the City’s DDA expansion project by the Ad
Hoc Review Committee, the Committee finds it appropriate to rescind the tax capture exemption, this
recommendation will be brought back to the Board of Commissioners.
BE IT FURTHER RESOLVED that the County Clerk shall forward a copy of this resolution to the Clerk of
the City of Clawson.
Chairperson, I move the adoption of the foregoing resolution.
SUE ANN DOUGLAS
Moved by Douglas supported by Potter to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09201 – BOARD OF COMMISSIONERS – NOTICE TO CITY OF CLAWSON
REGARDING OAKLAND COUNTY’S DETERMINATION TO EXEMPT ITS AD VALORUM PROPERTY
TAXES FROM CAPTURE.
Discussion followed.
Judy Cunningham, Corporation Counsel, addressed the Board and answered questions.
Vote on motion to suspend the rules:
AYES: Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello,
Douglas, Gingell, Gosselin, Hatchett. (14)
NAYS: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson,
Greimel, Jackson. (11)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09201 – BOARD OF COMMISSIONERS – NOTICE TO CITY OF
CLAWSON REGARDING OAKLAND COUNTY’S DETERMINATION TO EXEMPT ITS AD VALORUM
PROPERTY TAXES FROM CAPTURE carried.
Commissioners Minutes Continued. September 2, 2009
610
Moved by Douglas supported by Potter the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Long, McGillivray, Middleton, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Bullard, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen. (22)
NAYS: Nash, Burns. (2)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09202
BY: Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – COUNTY POLICY REQUIRING PAYMENT OF PREVAILING
WAGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners believes that it is in the best interest of the people of Oakland
County that any construction work performed for Oakland County should be done by contractors and
subcontractors who agree to pay prevailing wages; and
WHEREAS the Board of Commissioners wishes to have a uniform means of assuring that contractors or
subcontractors seeking to work on certain Oakland County construction projects pay prevailing wages;
and
WHEREAS the Board of Commissioners wishes to monitor the prevailing wage requirements enacted by
this resolution and to provide for sanctions or penalties in the event of noncompliance.
THEREFORE BE IT RESOLVED that for the purposes of this policy the following terms and phrases are
defined as follows:
A. "Apprentice" means any person who is registered with a bona fide apprentice program
recognized by the U.S. Department of Labor, Bureau of Apprenticeship and Training. The use of
apprentices shall be in accordance with all of the rules and guidelines of the applicable bona fide
apprentice programs, including registration and working in ratio. Violations relating to apprentices
shall be subject to the same penalties and remedies as provided in paragraph 5 and paragraph 6
of this policy.
B. “Board" or "Board of Commissioners" means the Oakland County Board of Commissioners.
C. "Contract" means any agreement as a result of competitive bids or otherwise for new
construction, alteration, repair, installation, painting, decorating, completion, demolition,
conditioning, reconditioning, or improvement of buildings or works, which is to be performed for
Oakland County. It does not include repair or service of equipment or machinery already installed.
D. "Designated Agent" means any officer, employee, commission, department, agency, or
organization authorized to enter into a construction contract by or on behalf of the Board of
Commissioners, or to monitor such contracts under the direction of the County, or to provide legal
counsel regarding such contracts.
E. "Construction Mechanic" means any skilled or unskilled mechanic, laborer, worker, helper,
assistant, apprentice, or driver, but shall not include any Oakland County employees, including
but not limited to executive, administrative, TOPS, professional or office employees.
BE IT FURTHER RESOLVED that it is the policy of the Board of Commissioners that any contractor or
subcontractor construction projects for Oakland County where the value of the contractor's or
subcontractor's contract exceeds $10,000 shall pay prevailing wages to its employees as set forth below:
1. Every Contract exceeding $10,000 entered into by the Oakland County Board of Commissioners,
or other agencies covered by this resolution, shall require that the rates of wages, including fringe
benefits, paid to each Construction Mechanic employed by the contractor or subcontractor at all
tiers, who furnishes labor on the project which is the subject of the Contract, shall be not less than
the prevailing wages, including fringe benefits, for such labor as delineated by the wage
guidelines promulgated by the United States Secretary of Labor pursuant to the Federal Davis-
Bacon Act.
Commissioners Minutes Continued. September 2, 2009
611
2. Every Contract exceeding $10,000 shall include the most current wage and fringe benefit
schedule as provided for by the United States Secretary of Labor pursuant to the Federal Davis-
Bacon Act for each class of Construction Mechanic.
3. Every contractor and subcontractor, who works on a project pursuant to a Contract with Oakland
County or another agency covered by this resolution that exceeds $10,000, shall keep posted on
the construction site in a conspicuous place a copy of all prevailing wage and fringe benefit rates
prescribed in the contract and shall keep accurate records showing the name and occupation of,
and actual wages and benefits paid to, each Construction Mechanic employed by that contractor
or subcontractor in connection with the contract. A contractor or subcontractor at any tier shall,
upon request of the County or its designated agent, provide certified payrolls on U.S. Department
of Labor form WH347 or facsimile for all hours worked.
4. In addition to providing certified payrolls on U.S. Department of Labor form WH347 or facsimile
for all hours worked when requested, the contractor or subcontractor at any tier shall be required
to collect and submit this information in a regular reporting format as determined by the Board of
Commissioners, or its designated agents. Noncompliance with this section shall be deemed a
breach of the applicable Contract with Oakland County or other agencies covered by this
resolution.
5. Any contractor or subcontractor, upon being notified that it is in violation of any term of this policy
and who fails to remedy the violation as set forth in this policy, is deemed to have committed a
material breach of the applicable Contract. In such instances, the Board or its designated agent, if
any, shall enforce this resolution and the related terms of the Contract by seeking any remedy
authorized by the contract and/or by law, including rescission of the Contract. Further sanctions
and penalties shall be as set forth in paragraph 6 below.
6. Any contractor or subcontractor upon being notified that it is in violation of the prevailing wage
requirements of this resolution and that an amount is due, shall have thirty (30) days to correct
the deficiency by paying the employee or employees the amounts due. If the person, firm,
corporation, or business entity fails to pay what it owes within the thirty (30) day period, it shall be
subject to the following penalties:
a. The contractor and/or subcontractor shall be required to pay all wages and fringe benefits
owed to the employee(s), plus interest at 2% per month on those wages and fringe
benefits due the employee(s); and
b. The contractor and/or subcontractor shall be required to pay to Oakland County the costs
of enforcement incurred by Oakland County, based on the hourly wage and fringe benefit
costs associated with the Oakland County employee(s) involved in the enforcement of
this resolution, plus any other costs incurred by Oakland County, including but not limited
to costs of a contracting agent, attorney fees, and court costs; and
c. The contractor and/or subcontractor shall be ineligible to bid on any contract involving
Oakland County for a period of five (5) years if the violation is repeated after the
contractor is formally notified; and
d. Oakland County may withhold such payments from the contractor as are necessary to
effectuate the payments or penalties as provided in this policy.
7. Any Construction Mechanic of a contractor under contract with the Board or its designated agent
or a Construction Mechanic of a subcontractor at all tiers, or any bona fide organization
representing Construction Mechanics may file a written complaint with the Board or its contracting
agent, if any, challenging the compliance by a contractor or subcontractor with any of the terms
noted above. The Board or its designated agent shall then conduct an investigation to determine
whether it will proceed as indicated in paragraphs 5 and/or 6 above.
8. A contractor or subcontractor found to have retaliated in violation of federal or state law against
an employee for filing a claim of non-payment of a prevailing wage rate shall be ineligible to bid
on any contract involving the County for a period of five (5) years from the date of such finding.
9. Contracts which contain provisions requiring the payment of prevailing wages as determined by
the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act (United States
Code 40 Section 3141, et seq.) or which contain provisions requiring the payment of prevailing
wages as determined by the Michigan Department of Energy, Labor, and Economic Growth
pursuant to 1965 Public Act 166, as amended, being MCLA 408.551, et seq., are exempt from
the provisions of this resolution.
Commissioners Minutes Continued. September 2, 2009
612
BE IT FURTHER RESOLVED that notice of the requirements of this resolution shall be included in all
formal Requests for Proposals or Bids where a construction Contract in excess of $10,000 is anticipated.
BE IT FURTHER RESOLVED that the provisions of this resolution shall apply to construction Contracts in
excess of $10,000 entered into, not only by Oakland County directly, but also by the Oakland County
Building Authority, the Oakland County Economic Development Corporation, and any Oakland County
agency for which the Board of Commissioners is required to authorize the project(s) or for which the
Board of Commissioners has authorized financing of such projects.
BE IT FURTHER RESOLVED that the Board of Commissioners encourages all other agencies of
Oakland County to adopt this or a similar policy for any construction contracts in excess of $10,000.
BE IT FURTHER RESOLVED that the Oakland County Fiscal Services Officer or designee, which may
include a designated agent, shall be responsible for monitoring implementation of and compliance with
the provisions of this policy where the construction contract is entered into with the Board of
Commissioners.
BE IT FURTHER RESOLVED that where another specific agency of Oakland County is designated as
responsible for a construction project, that agency shall be responsible for monitoring implementation of
and compliance with the provisions of this policy.
BE IT FURTHER RESOLVED that no less than annually, Oakland County’s Fiscal Services Officer or
his/her designee, shall provide the appropriate committee of the Board of Commissioners with a report on
the status of projects where the payment of prevailing wage is required and where the Oakland County
Fiscal Services Officer is responsible for monitoring implementation of, and compliance with, the
provisions of this prevailing wage resolution.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, ERIC COLEMAN, MATTIE
HATCHETT, MARCIA GERSHENSON, JANET
JACKSON, HELAINE ZACK, JIM NASH, DAVID
COULTER, GARY McGILLIVRAY, DAVID
WOODWARD, TIM BURNS
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09203
BY: David Woodward, District #18, Marcia Gershenson, District #17
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY FARMERS MARKET PARTICIPATION
IN SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM (SNAP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a recent study showed that a 20% shift in our food spending to locally grown food in the
Southeast Michigan five county area (Oakland, Macomb, Wayne, Washtenaw, and Monroe) would create
the following:
$3.5 billon in increased economic output
$900 million in increased earnings
$155 million in increased tax revenue
Create nearly 36,000 jobs; and
WHEREAS as of October 1, 2008, Supplemental Nutritional Assistance Program (SNAP) is the new
name for the federal Food Stamp Program; and
WHEREAS according to the USDA, as of the end of FY 2008, 753 Farmers’ Markets were authorized to
accept SNAP benefits nationwide, a 34 percent increase from FY 2007; and
WHEREAS as a result of this growth, the amount of funds going to small farmers has increased from $1
million in 2007 to $2.7 million in 2008; and
WHEREAS in May 2009 Oakland County had nearly 90,000 recipients receive Food Assistance
according the Michigan Department of Human Services; and
WHEREAS Oakland County is home to 500+ farms; and
WHEREAS the Oakland County Farmers Market offers fresh farm, garden, and greenhouse produce to
the general public at its facility in Waterford; and
WHEREAS the Oakland County Farmers Market can be authorized to accept SNAP benefits; and
Commissioners Minutes Continued. September 2, 2009
613
WHEREAS food stamp benefits are distributed using a debit-like Electronic Benefit Transfer (EBT) card;
and
WHEREAS upon approval by the Michigan Department of Human Services and the United States
Department of Agriculture for the Oakland County Farmers Market qualifying to accept food stamp
customers’ EBT cards, the State of Michigan will supply the market with a Point of Service Device at no
change.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
increasing access to fresh local foods to low income families while helping increase the monies that go to
local farmers.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
administration develop the plan and procedures necessary for the Oakland County Farmers Market to
accept food stamp customers’ EBT cards.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the
county administration to apply for the Oakland County Farmers Market to become an authorized vendor
to accept food stamp customers’ EBT cards. This will allow all of the food vendors in the market to share
a single Point of Service Device.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, TIM GREIMEL, ERIC
COLEMAN, MATTIE HATCHETT, JANET
JACKSON, MARCIA GERSHENSON, HELAINE
ZACK, JIM NASH, DAVID COULTER, GARY
McGILLIVRAY, TIM BURNS
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09204
BY: David Woodward, District 18, Marcia Gershenson, District #17
IN RE: BOARD OF COMMISSIONERS – OAKLAND MICROLOAN PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the credit crisis facing our nation has put increasing pressure on the ability of start-up small
businesses to gain access to capital, as well as impairing the ability of existing small businesses to
acquire loans to grow their businesses; and
WHEREAS the U.S. Small Business Administration (SBA) was created in 1953 as an independent
agency of the federal government to aid, counsel, assist and protect the interests of small business
concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of
our nation; and
WHEREAS the SBA provides support for numerous programs to help grow small businesses; and
WHEREAS the SBA Microloan Program provides very small loans to start-up, newly established, or
growing small businesses; and
WHEREAS the SBA makes funds available to nonprofit community based leaders (intermediaries) which,
in turn, make loans available to eligible borrowers in amounts up to a maximum of $35,000, with loan
repayment periods of up to five (5) years; and
WHEREAS eligible intermediaries may be a quasi-governmental economic development corporation; and
WHEREAS the Center for Empowerment & Economic Development (CEED) is a nonprofit organization
with 25 years of experience in microlending and business development; providing over $4.2 million in
microloans and creating 1,700 jobs; and
WHEREAS the CEED Microloan Program services Wayne, Oakland, Macomb, Washtenaw, Livingston,
Monroe, Lenawee, Hillsdale and Jackson Counties; and
WHEREAS the CEED Microloan Program has already provided $415,000 in loans to Oakland County
businesses; however, the overwhelming volume of loan requests from Oakland County based businesses
exceed their current service capacity; and
WHEREAS the CEED has the ability to borrow up to $2.5 million in microloan funds from the U.S. Small
Business Administration; however, a 15% reserve and matching operating funds are required; and
Commissioners Minutes Continued. September 2, 2009
614
WHEREAS the Oakland County Board of Commissioners recognizes that in these challenging economic
times it is critical to support small businesses, which are the economic base of our communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates the
Oakland Microloan Program in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Executive Administration is requested to take the
necessary action to proceed with entering into a contractual agreement with the Center for Empowerment
& Economic Development (CEED) to expand the Microloan Program for Oakland County businesses.
BE IT FURTHER RESOLVED that the Oakland County Executive Administration is requested to draft and
attach a Fiscal Note and establish accounts that reflect the creation of the Microloan Program for Oakland
County, as an allocation under the Capital and Cooperative Improvement Revolving Fund (CCIRF), in the
Fiscal Year 2010 budget in the amount of $150,000, which is to provide $75,000 for Microloan Program
Operations and $75,000 for Microloan Program Loan Loss Reserves.
BE IT FURTHER RESOLVED that the budgets for Fiscal Year 2011 and 2012 each include a designation
of $75,000 for the Microloan Program Loan Loss Reserves.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive and Center for Empowerment & Economic
Development.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, TIM GREIMEL, ERIC
COLEMAN, MARCIA GERSHENSON, STEVEN
SCHWARTZ, HELAINE ZACK, JANET
JACKSON, JIM NASH, DAVID COULTER,
GARY McGILLIVRAY, TIM BURNS
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09205
BY: Bill Bullard, Jr., District #2, David Coulter, District #25
IN RE: SUPPORT OF TRI-COUNTY SUMMIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in the spirit of regional cooperation, Commissioners from Wayne, Oakland and Macomb
Counties and members of the Detroit City Council, held their first Tri-County Summit in May of 1998. The
first Tri-County Summit was hosted by the Wayne County Commission, the Michigan State Fair and the
Michigan Association of Counties wherein common issues were identified for cooperative action; and
WHEREAS in August, 1998, Oakland County hosted the second Tri-County Summit. Participants
identified five areas for cooperation: Mental Health, Transportation/Transit, Economic Development,
Criminal Justice, and Environment. Task Forces were established that consisted of elected officials,
department representatives, Commission and Council staff and interested parties from SEMCOG, the
Detroit Regional Chamber of Commerce, Daimler Chrysler, and the Citizens Research Council; and
WHEREAS the third Tri-County Summit was held in August of 1999. The third Summit focused on the
successes of the various task forces. The Criminal Justice Task Force compiled an inventory of
programs offered by the Detroit Police Department and the Sheriff Departments in the Tri-County area –
including how to share mug shots, fingerprints and other data; the Mental Health Task Force hosted a
breakfast to discuss key appropriations and policy issues with state legislators; and the Transportation
and Economic Task Forces held a joint meeting to discuss regional transportation solutions; and
WHEREAS in March 2006 the Oakland County Board of Commissioners hosted the Tri-County Summit
and nearly three hundred legislative leaders from the Counties of Wayne, Oakland and Macomb and the
City of Detroit attended and worked on community issues relating to Transportation, Infrastructure, and
Mental Health; and
WHEREAS the Macomb County Board of Commissioners hosted the Tri-County Summit in September
2007 and issues relating to water quality and the quality of life were studied and discussed; and
WHEREAS the 2008 Tri-County Summit was hosted by the Detroit City Council and the topics of
discussion were “Going Green” and “Home Foreclosures”; and
Commissioners Minutes Continued. September 2, 2009
615
WHEREAS the new leaders in the Counties of Wayne, Macomb and Oakland Counties and the City of
Detroit recognize the benefit of continuing the partnership and collaborative effort to strengthen the ability
to address complex issues facing our region.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
2009 Tri-County Summit hosted by the Wayne County Board of Commissioners to be held on September
18, 2009.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners appreciates the
significant mutual benefits of regional cooperation and integration of effort and acknowledges the
important of promoting policies, methods and strategies as an essential component to enhancing the
economic vitality of the Tri-County Region.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins with our colleagues
from the City of Detroit, and Macomb and Wayne Counties in affirming our support and participation in the
Tri-County Summit.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Detroit City Council, and the
Macomb and Wayne County Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
BILL BULLARD, DAVID COULTER, ERIC
COLEMAN
Moved by Bullard supported by Coulter to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09205 – SUPPORT OF TRI-COUNTY SUMMIT.
Vote on motion to suspend the rules:
AYES: McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long. (24)
NAYS: Scott. (1)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09205 – SUPPORT OF TRI-COUNTY SUMMIT carried.
Moved by Bullard supported by Coulter the resolution be adopted.
AYES: Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09206
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
Chairperson, 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 Congressman Gary Peters had a Town Hall meeting Sept. 1st where full disclosure of the
contents of HB 3200 were not answered, leaving issues of the bill in question; 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
Commissioners Minutes Continued. September 2, 2009
616
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, CHRISTINE LONG,
BRADFORD JACOBSEN, MICHAEL GINGELL,
BILL BULLARD, THOMAS MIDDLETON, JIM
RUNESTAD, JEFF POTTER, SHELLEY TAUB,
SUE ANN DOUGLAS, DAVID POTTS, JOHN
SCOTT, KIM CAPELLO
Moved by Gosselin supported by Potts to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09206 - BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF U.S. CONGRESS
COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200.
Discussion followed.
Vote on motion to suspend the rules:
AYES: Runestad, Scott, Taub, Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton. (9)
NAYS: Nash, Potter, Potts, Schwartz, Woodward, Zack, Bullard, Burns, Capello, Coleman,
Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray. (16)
A sufficient majority not having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09206 - BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF
U.S. CONGRESS COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200 failed.
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 10:26 p.m. to the call of the Chair or September 24, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson