HomeMy WebLinkAboutMinutes - 2008.06.12 - 8456353
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
June 12, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:33 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack. (23)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1)
Quorum present.
Invocation given by Robert Gosselin.
Pledge of Allegiance to the Flag.
Moved by Crawford supported by Nash the minutes of the May 22, 2008, Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Coulter the agenda be approved as printed.
AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Moved by Kowall supported by Coulter the agenda be amended to remove Personnel Committee, item b,
and Planning and Building, item f, from the Consent Agenda to the Regular Agenda.
Vote to remove resolutions from Consent Agenda and add to Regular Agenda:
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions were moved from the Consent Agenda to the
Regular Agenda.
Commissioners Minutes Continued. June 12, 2008
354
Chairperson Bill Bullard, Jr. introduced the Chief Probate Judge Elizabeth M. Pezzetti who gave a
presentation regarding the State of the Probate Court Address. Judge Pezzetti introduced Probate Judge
Eugene Arthur Moore, Judge Barry M. Grant, and Judge Linda S. Hallmark, along with Chief Circuit Court
Judge Wendy Potts, Judge James Alexander, and Judge Michael Warren who were in attendance for the
State of the Probate Court Address.
Chairperson Bill Bullard, Jr. along with Oakland County Executive L. Brooks Patterson, together with the
entire Board of Commissioners presented a Proclamation to Commissioner Tom Middleton for his
outstanding work for 4-H, for his neighbors, and for Oakland County and all of its residents.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the
Planning and Economic Development Services Division Resolution Approving Project Plan (Three M Tool
and Machine, Inc. Project) – City of Wixom. Is there anyone present who wishes to speak?” No one
requested to speak and the Chairperson declared the Public Hearing closed.
Oakland County Executive L. Brooks Patterson addressed the Board regarding Authorization for 4/40
Pilot Work Hour Programs.
Moved by Rogers 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 430.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08107
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – AUTHORIZATION TO PROCEED
AND AWARD OF CONTRACT FOR CENTRAL GARAGE FUEL TANK INSTALLATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County currently maintains two (2) underground fuel storage tanks, which are
utilized by the Central Garage to dispense gasoline for County vehicles; and
WHEREAS the Fiscal Year 2008 Capital Improvement Program identifies the Central Garage Fuel Tank
Installation Project; and
WHEREAS the project will install two (2) 20,000 gallon double-walled underground fuel storage tanks
located near the existing fuel tanks and dispensers at the Central Garage; and
WHEREAS the Planning and Building Committee on January 29, 2008 authorized the Facilities
Engineering Division to advertise, receive proposals and recommend award of a construction contact for
the project; and
WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and
reviewed on May 14, 2008 by the Facilities Engineering Division and the Purchasing Division; and
WHEREAS the lowest responsible bidder was Oscar W. Larson Company of Clarkston, Michigan with a
bid in the amount of $430,690; and
WHEREAS after further discussion with the Oscar W. Larson Company, contract costs were reduced to
$385,489 by the reduction or removal of several secondary scope items from the project to bring costs
closer to the original budget; and
WHEREAS total project costs of $425,000 are recommended by the Facilities Engineering Division,
including the contract award of $385,489, contingency of $39,511; and
WHEREAS estimated project costs exceed the original $395,000 estimate for the project by $30,000 due
to inclusion of a canopy over the dispensers; and
WHEREAS funding in the amount of $425,000 for the project is available for transfer from the Fiscal Year
2008 Capital Improvement Program/Building Improvement Fund Equity (#40100) to the Project Work
Order Fund (#40400) for the Central Garage Fuel Tank Installation Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the Central Garage Fuel Tank Installation Project to Oscar W. Larson Company of Clarkston, Michigan
in the amount of $385,489.
Commissioners Minutes Continued. June 12, 2008
355
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $425,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) to establish the Central Services Fuel Tank Installation Project (#100000001158).
BE IT FURTHER RESOLVED that the Fiscal Year 2008 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-148020-788001-40400 Transfer Out ($425,000)
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-40100 Transfer In 425,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08108
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: FACILITIES MANAGEMENT – AUTHORIZATION TO PROCEED AND AWARD OF
CONTRACT FOR COURTHOUSE CAULKING PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fiscal Year 2008 Capital Improvement Program identifies the Courthouse Caulking
Project; and
WHEREAS the project will remove and replace exterior caulking on the Courthouse Complex buildings
including the Courthouse Tower, East Wing, West Wing, and Auditorium; and
WHEREAS the caulking in the joints of most of these buildings has deteriorated and needs replacement;
and
WHEREAS the Planning and Building Committee on March 11, 2008 authorized the Facilities
Engineering Division to advertise, receive proposals and recommend award of a construction contract for
the project; and
WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and
reviewed on May 20, 2008 by the Facilities Engineering Division and the Purchasing Division; and
WHEREAS the lowest responsible bidder was Chezcore Inc. of Detroit, Michigan with a bid in the amount
of $403,731.25; and
WHEREAS total project costs of $530,000 are recommended by the Facilities Engineering Division,
including the contract award of $403,731.25, Engineering Consultation of $33,000, Landscaping
Restoration of $5,000, and Contingency of $88,268.75; and
WHEREAS funding in the amount of $530,000 is available for transfer from Facilities Maintenance and
Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) for the Courthouse Caulking
Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract
for the Courthouse Caulking Project to Chezcore, Inc. of Detroit, Michigan in the amount of $403,731.25.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $530,000 from Facilities Maintenance and Operations Fund Equity (#63100) to the Project
Work Order Fund (#40400) to establish the Courthouse Caulking Project (Project #100000001157).
BE IT FURTHER RESOLVED that the Fiscal Year 2008 Budget is amended as follows:
FACILITIES MAINTENANCE AND OPERATIONS FUND #63100
1040702-140010-665882 Planned Use Fund Bal. $530,000
1040719-141000-788001-40400 Transfer Out 530,000
$ -0-
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-63100 Transfer In $530,000
1040101-148020-796500 Budgeted Equity Adj. 530,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. June 12, 2008
356
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08109
BY: Finance Committee, Mike Rogers, 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, CITY OF WALLED LAKE, CITY OF WIXOM, CHARTER TOWNSHIP OF
LYON AND THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
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 these contracts are included in
the Fiscal Year 2008 budget, and therefore, no budget amendment is recommended; and
WHEREAS several contracts are anticipated to be renewed, generating approximately $65,622 in
additional revenue, which will be incorporated into the Fiscal Year 2009 and Fiscal Year 2010 County
Executive Recommended Budget.
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, 2008 thru June 30, 2009 with the City of Ferndale, City of Walled Lake,
City of Wixom, Charter Township of Lyon and the Charter Township of West Bloomfield, all of which have
been signed by their respective CVT authorized signatories.
BE IT FURTHER RESOLVED that the revenue generated from all renewed contracts with the CVT’s will
be incorporated into the County Executive Recommended budget for Fiscal Year 2009 and Fiscal Year
2010.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these
contracts.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts
with the concerned units 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 WIXOM
(personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF WIXOM, (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 WIXOM, a Michigan
Constitutional and Municipal Corporation whose address is 49045 Pontiac Trail, Wixom, Michigan 48393-
2567 (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
Commissioners Minutes Continued. June 12, 2008
357
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, 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,
Commissioners Minutes Continued. June 12, 2008
358
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property
through the 2009 tax year as required by laws of the State of Michigan. The
County agrees to make assessments of personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal property,
process all personal property description changes, and will audit where
necessary to insure and establish accurate appraisals on all taxable
personal property. The Equalization Division personnel will review all
statements and extensions, make valuation recommendations to the
assessor in the absence of a prepared personal property statement and
load all values on the computer for the assessment roll. All Board of Review
changes will be processed on the personal property section of the
assessment roll and balanced to insure there are no omissions. The
Equalization Division personnel will be available for consultation on all
Michigan Tax Tribunal appeals for personal property and will assist the
Assessor in the preparation of both oral and written defense of appeals as
long as there is a current Contract in effect. However, the County shall not
assist or appear on behalf of the Municipality regarding appeals of special
assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
Commissioners Minutes Continued. June 12, 2008
359
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications and
other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents
and Equalization Division Personnel and that the County shall remain solely
and completely liable for any and all County Agents' past, present, or future
wages, compensation, overtime wages, expenses, fringe benefits, pension
or retirement benefits, travel expenses, mileage allowances, training
expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and
benefits, any employment taxes, and/or any other statutory or contractual
right or benefit based on or in any way related to any County Agent's
employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect or
control, in any manner, form, or at any time, any right, privilege, benefit, or
any other term or condition of employment, of any kind or nature
whatsoever, in, upon, or for any County Agent or Equalization Division
Personnel with the County, any applicable 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
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Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be employed, utilized, or perform any other services, of
any kind, directly or indirectly, in any manner or capacity, or otherwise be
available to perform any other work or assignments by or for the Municipality
during the term of this Contract. This section shall not prohibit the
Municipality from employing any person who was a former County Agent but
is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable
State law, the Parties agree and warrant that neither the County, nor any
County Agent, nor any Equalization Division Personnel, by virtue of this
Contract or otherwise, shall be deemed, considered or claimed to be an
employee of the Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel with any job instructions, job descriptions,
job specifications, or job duties, or in any manner attempt to control,
supervise, train, or direct any Personnel in the performance of any County's
Equalization Division Assistance Services duty or obligation under the terms
of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
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
Commissioners Minutes Continued. June 12, 2008
361
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, 2009,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
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 on or before July 1, 2009 the sum of $13.30 for each personal
property description rendered during the life of this Contract. 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.
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362
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed under this
Contract. The Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§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
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363
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this Contract reflect this allocation of each Party's risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§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
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364
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis
using the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division
in a timely manner.
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
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365
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City of Wixom. 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 of Wixom and shall also be filed with the office of the
Clerk of the County and the Clerk for the City of Wixom.
§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.
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§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Kevin Hinkley, City Mayor of Wixom, hereby acknowledges that he has been
authorized by a resolution of the City Council of Wixom, 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: __________________
Kevin Hinkley, Mayor
City of Wixom
WITNESSED: _____________________ DATE: __________________
Linda Kirby, Clerk
City of Wixom
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
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,
Commissioners Minutes Continued. June 12, 2008
367
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.
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,
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council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
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 2009 tax year 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
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for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
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370
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2009,
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
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371
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $6.00 for each real
property description (file maintenance) rendered during the life of this Contract. 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
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Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§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,
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373
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
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
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374
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County's and/or any and all County Agents' legal status and relationship
to the Municipality shall be that of an Independent Contractor. Except as expressly provided
herein, each Party will be solely responsible for the acts of its own employees, Agents, and
servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
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
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any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of 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 non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
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§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, 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: __________________
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
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
(real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF LYON (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 CHARTER
TOWNSHIP OF LYON, a Michigan Constitutional and Municipal Corporation whose address is 58000
Grand River Avenue, New Hudson, Michigan 48165 (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
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377
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, 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,
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deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2009 tax year as required by laws of the State of Michigan. The
County agrees to make assessments of real and personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all
real and personal property description changes, prepare the assessment roll for
real and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also be available for
consultation on all Michigan Tax Tribunal real and personal property appeals
and will assist the assessor in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding
appeals of special assessments to the Michigan Tax Tribunal or any other Court
or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
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for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
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380
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2009,
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
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381
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $14.70 for each real
property description and $12.40 for each personal property description rendered during the life of
this Contract. 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
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Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§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,
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proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
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
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confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
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
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any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Board of Trustees of the Charter Township of Lyon. The approval and terms of this Contract,
and/or any possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the Board of Trustees of
the CharterTownship of Lyon and shall also be filed with the office of the Clerk of the County and
the Clerk for the Charter Township of Lyon.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
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386
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Lannie D. Young, Supervisor of the Charter Township of Lyon, hereby
acknowledges that he has been authorized by a resolution of the Board of Trustees of the Charter
Township of Lyon, 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: __________________
Lannie D. Young, Supervisor
Charter Township of Lyon
WITNESSED: _____________________ DATE: __________________
Pamela Johnson, Clerk
Charter Township of Lyon
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
(real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF WALLED LAKE (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 WALLED LAKE, a
Michigan Constitutional and Municipal Corporation whose address is 1499 E. West Maple Road, Walled
Lake, Michigan 48390-0099 (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
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387
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"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,
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388
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2009 tax year as required by laws of the State of Michigan. The
County agrees to make assessments of real and personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all
real and personal property description changes, prepare the assessment roll for
real and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also be available for
consultation on all Michigan Tax Tribunal real and personal property appeals
and will assist the assessor in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding
appeals of special assessments to the Michigan Tax Tribunal or any other Court
or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
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389
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
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390
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2009,
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
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391
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County on or before July 1, 2009 the sum of $14.00 for each real property
description and $12.40 each year for each personal property description rendered during the life of
this Contract. 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
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392
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§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,
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393
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
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
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394
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
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
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395
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of Walled Lake. 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 Walled Lake and shall also
be filed with the office of the Clerk of the County and the Clerk for the City of Walled Lake.
§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.
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396
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, William T. Roberts, Mayor of the City of Walled Lake, hereby acknowledges
that he has been authorized by a resolution of the City Council of Walled Lake, 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: __________________
William T. Roberts, Mayor
City of Walled Lake
WITNESSED: _____________________ DATE: __________________
Catherine Buck, City Clerk
City of Walled Lake
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
(personal property and commercial & industrial file maintenance services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF WEST BLOOMFIELD, (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
CHARTER TOWNSHIP OF WEST BLOOMFIELD, a Michigan Constitutional and Municipal Corporation
whose address is 4550 Walnut Lake Road, PO Box 250130, West Bloomfield, Michigan 48325-0130
(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
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397
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"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.
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398
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property through
the 2009 tax year as required by laws of the State of Michigan. The County
agrees to make assessments of personal property within the Municipality
pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal property,
process all personal property description changes, and will audit where
necessary to insure and establish accurate appraisals on all taxable personal
property. The Equalization Division personnel will review all statements and
extensions, make valuation recommendations to the assessor in the absence of
a prepared personal property statement and load all values on the computer for
the assessment roll. All Board of Review changes will be processed on the
personal property section of the assessment roll and balanced to insure there
are no omissions. The Equalization Division personnel will be available for
consultation on all Michigan Tax Tribunal appeals for personal property and will
assist the Assessor in the preparation of both oral and written defense of
appeals as long as there is a current Contract in effect. However, the County
shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or
Tribunal.
2.1.3. The County will also assist the Municipality's Assessor through the 2009 tax
year in maintaining files by reviewing the current open building permits for the
commercial and industrial classification and submitting them to the Assessor for
final review.
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399
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(is), 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
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400
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
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.
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401
§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, 2009,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY
The Parties reserve to themselves any rights and obligations related to the provision of any and all
of each Party's respective governmental services, authority, responsibilities, and obligations.
Except as expressly provided otherwise herein, this Contract does not, and is not intended to,
create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional,
statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of
care, 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 on or before July 1, 2009 the sum of $13.30 for each personal
property description rendered during the life of this Contract. The Municipality also agrees to pay
each year a fixed sum of $5,150 for file maintenance services provided in section 2.1.3.
If during the term of this Contract, there are additional services requested of the County, the
Parties should 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
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402
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed under this
Contract. The Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§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
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403
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this Contract reflect this allocation of each Party's risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
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404
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation,
which is governed by the Truth in Taxation Act, as well as any property, which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County's and/or any and all County Agents' legal status and relationship
to the Municipality shall be that of an Independent Contractor. Except as expressly provided
herein, each Party will be solely responsible for the acts of its own employees, Agents, and
servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
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405
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Charter Township of West Bloomfield. 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 Charter Township of West
Bloomfield and shall also be filed with the office of the Clerk of the County and the Clerk for the
Charter Township of West Bloomfield.
§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.
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406
§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 fifteen (15) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, David Flaisher, Supervisor of the Charter Township of West Bloomfield, hereby
acknowledges that he has been authorized by a resolution of the Charter Township of West Bloomfield, 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: __________________
David Flaisher, Supervisor
Charter Township of West Bloomfield
WITNESSED: _____________________ DATE: __________________
Sharon A. Law, Clerk
Charter Township of West Bloomfield
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 430.)
*MISCELLANEOUS RESOLUTION #08110
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2008 SECOND QUARTER
FINANCIAL FORECAST AND 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
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407
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 2008 Second Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS the 52nd District Court – Division I (Novi) reflects a budget error of $103,872 in the Magistrate
Salaries and Fringe Benefit costs, and an amendment is recommended to amend salaries against the
52nd District Court’s Budget Task; and
WHEREAS the Equalization and Purchasing Divisions are projecting a favorable variance in Salaries and
Fringe Benefits in the amount of $353,123 due to turnover and are requesting a budget amendment to
recognize this favorability towards their budget tasks for Fiscal Year 2008; and
WHEREAS the Human Resources Department has shifted the location of some of the staff, and a budget
amendment is recommended to reallocate the telephone communication budget in the amount of $1,956
to more accurately reflect the actual expenses; and
WHEREAS per Miscellaneous Resolution #08026, the Medical Examiner’s Professional Services account
was incorrectly reduced for services related to the termination of the Genesee County Contract, and a
budget amendment of $37,996 is recommended to restore funding for current operations; and
WHEREAS the MSU Extension Division is requesting a budget amendment of $1,310 to reallocate funds
within their budget to more accurately account for actual expenses; and
WHEREAS budget amendments are recommended within the Community Corrections, Medical
Examiner’s and Animal Control Divisions to recognize projected favorability of $126,000 in revenues to
offset expenses due to increased activity; and
WHEREAS Economic Development and Community Affairs requests a budget amendment in the amount
of $52,688 to recognize projected favorability in Professional Services to offset the department’s Fiscal
Year 2008 Budget Task; and
WHEREAS the Planning and Economic Development Services Division requests a reallocation of
$93,994 within the division’s operational budget to more accurately reflect the actual expenses; and
WHEREAS budget amendments for the Equipment Rental line-item within various funds and
departmental budgets is recommended, as rental charges for fully depreciated equipment has been
discontinued; and
WHEREAS various departments are projecting overall favorability in revenues in the amount of $93,634,
and a budget amendment is recommended to recognize the additional revenue to offset projected
unfavorable variances in electrical charges, charge card fees, and purchase of equipment; and
WHEREAS a budget amendment of $115,828 is recommended to the Circuit Court’s Friend of the Court
fund to reallocate the Telephone Communication appropriation to more accurately reflect the budget with
the actual expenses; and
WHEREAS the 52-2 District Court’s Drug Court Grant Fund reflects appropriations for the Transfer Out,
FA Proprietary Equipment and Grant Match accounts incorrectly, and a budget amendment is
recommended to reallocate funding for these accounts to the more accurately reflect the budget with the
actual expenses; and
WHEREAS a budget amendment of $6,072,625 is recommended to recognize additional revenue within
the Delinquent Tax Revolving Fund and reallocate the Transfer Out accounts to various funds to balance
the fund; and
WHEREAS the Drain Commissioner is requesting to amend the Drain Equipment Fund in the amount of
$233,461 for the replacement of nine(9) owned vehicles with nine (9) leased vehicles; and
WHEREAS the Equipment Fund no longer receives revenue for fully depreciated equipment, and a
budget amendment is recommended to reduce department budgets and the revenue by $16,999; and
WHEREAS Information Technology is requesting a budget amendment to reappropriate funds in the
amount of $1,385,139 from IT’s Net Assets-Designated for Projects account, to continue planned
maintenance for such projects as the Del-Tax System, Hydro Drain Conversion, and IMACS, which were
previously approved by the Board of Commissioners per Miscellaneous Resolution #07047 and
Miscellaneous Resolution #07139; and
WHEREAS a budget amendment of $9,060 is recommended to increase postage for various departments
due to the postal rate increase, effective May 1, 2008; and
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408
WHEREAS various General Fund/General Purpose Funds departmental budgets are incorrectly reflecting
appropriations in the FA Proprietary Equipment Expense account (#750168), which should only be used
for Enterprise and Internal Services Funds, and a budget amendment is recommended to reallocate
these funds to the Expendable Equipment account (#750154), which is more appropriate; and
WHEREAS the Human Resource Department is continuing to experience significant expenses related to
legal actions filed by the Oakland County Deputy Sheriff’s Association and expenses associated with ACT
312 proceedings, for which a budget amendment is necessary to recognize $185,000 in funds from the
Designated Fund Balance account for HR-Legal Expense (GL Account #371450) to the Human
Resources – Administration – Legal Services account to offset these costs; and
WHEREAS the 52nd District Courts and the Information Technology Department request an appropriation
of $347,051 from the Designated Fund Balance’s Operational Improvements account (GL Account
#371350) to complete the 52nd District Court and IT Mainframe Enhancement Project previously
approved per Miscellaneous Resolution #07060; and
WHEREAS a budget amendment is recommended to the Telephone Communications Fund to recognize
revenue reduction due to departmental budget adjustments approved per Miscellaneous Resolution
#08026 mid-year budget amendments; and
WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners
receive a quarterly report regarding adjustments made to Inmates accounts on transactions billed in
excess of ability to pay as well as approve the write-offs of any bad debts in excess of $1,000; and
WHEREAS adjustments made to the Inmate Accounts for Fiscal Year 2008 during the period of January
through March totaled $326,049; and
WHEREAS for the past ten months to six years, the Oakland County Airport has attempted to collect
$40,704.64 in overdue landing fees, customs fees and T-hangar rental charges from several companies,
and have been unsuccessful primarily due to the bankruptcy of Corporate Air Hangar, LLC/Laurie
Nowatzke dating back to 2002.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2008
Second Quarter Financial Report.
BE IT FURTHER RESOLVED that the Fiscal Year 2008 budget be amended pursuant to the attached
schedules (Schedules A, B, C and D).
BE IT FURTHER RESOLVED that $185,000 from the HR-Legal Services Designated Fund Balance
account be appropriated as follows:
GENERAL FUND (#10100)
Revenue
9010101-196030-665882 Planned Use of Fund Balance $185,000
Total General Fund Revenue $185,000
Expenditure
1050102-183010-731073 Human Resources – Legal Services $185,000
Total General Fund Expenditure $185,000
Total General Fund $ -0-
BE IT FURTHER RESOLVED that $347,051 from the Operational Improvements Designated Fund
Balance account be appropriated and funds be transferred for District Court Mainframe Project as follows:
GENERAL FUND (#10100)
Revenue
9010101-196030-665882 Planned Use of Fund Balance $347,051
Total General Fund Revenue $347,051
Expenditure
3020101-121020-788001-63600 52nd Dist Ct – Admin – Transfers Out $347,051
Total General Fund Expenditure $347,051
Total General Fund $ -0-
INFORMATION TECHNOLOGY FUND (#63600)
Revenue
1080101-152000-695500-10100 Transfer In from General Fund $347,051
Total IT Revenue $347,051
Expenditure
1080201-152010-731458 Professional Services $347,051
Total IT Expenditure $347,051
Commissioners Minutes Continued. June 12, 2008
409
Change in Fund Equity $ -0-
BE IT FURTHER RESOLVED that the uncollectible debts for the Airport Fund are authorized to be written
off.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Letter of Transmittal – Fiscal Year 2008 Second Quarter Forecast Report, Schedule A – Fiscal
Year 2008 First Quarter Budget Amendments General Fund/General Purpose, Schedule B – Fiscal Year
2008 First Quarter Budget Amendments Proprietary/Special Revenue Funds, Schedule C – Internal
Service Expenditure Account 775667 Mail Room by Department, Schedule D – Expendable Equipment
Adjustment, and Fiscal Year 2008 Second Quarter Financial Report General Fund/General Purpose
Revenue and Expenditures Summary by Department on file in County Clerk’s office.
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08099
BY: General Government Committee, Christine Long
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CITY OF BERKLEY PUBLIC SAFETY 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 the City of Berkley Public Safety would like to participate in the Fire Records Management
System.
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 the City of Berkley Public Safety.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
FIRE RECORDS MANAGEMENT AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
BERKLEY DEPARTMENT OF PUBLIC SAFETY
This Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal
Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and Berkley Public Safety, 2395
W. Twelve Mile Road (“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
Commissioners Minutes Continued. June 12, 2008
410
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 the Berkley Public
Safety. 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.
2.5. Local System Administrator means a person employed by the CVT and designated by the
head of the Berkley Public Safety 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. OAKNET also provides the CVT
with access to external state and federal justice agencies.
2.9. City, Village, Township (“CVT”) means Berkley Public Safety, 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. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are
incorporated and are part of this Agreement.
3.1. Exhibit A. Monthly fees for FRMS connectivity. [Not applicable]
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement,
and applicable changes in law, the County shall carry out the following:
Commissioners Minutes Continued. June 12, 2008
411
4.1. The County shall provide FRMS to the CVT and shall install one personal computer that
contains licensed, pre-loaded application software, and shall install one printer at each
participating CVT fire station. The County shall determine the type and the features of the
personal computer and printer supplied to the CVT by the County.
4.2. 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 network.
4.3. The County shall use its best efforts to address problems with the County provided personal
computer and printer and to respond to problems concerning non-critical application software
(not critical to the delivery of public safety services) by the next business day, after the
County is contacted and made aware of such problems. The CVT can designate one of the
County provided personal computers as a high availability record management workstation
which shall have a software load installed and maintained by the County. The County and
CVT shall mutually agree upon the location of such workstation. This designated high
availability workstation has a direct connection into the County's Network and is maintained
24 hours a day, 7 days a week.
4.4. 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.
4.5. The County shall provide the means for the CVT to be connected to FRMS. The CVT shall
pay for the FRMS connection according to Section 7, in addition to the annual participation
fees in Section 7.
4.6. The CVT acknowledges that a third party through written contract will provide the FRMS
connection and the technical support for such connection. The contract will be for a term of
three years with an option to extend the contract for two 24 month terms. By signing a three-
year contract, the County was able to significantly reduce the costs for FRMS connectivity
and waive all installation fees surrounding FRMS connectivity.
4.7. The County shall provide training to the CVT and the Local System Administrator(s)
concerning FRMS.
4.8. The County shall monitor and audit the CVT’s compliance with FRMS security requirements
set forth by the FGC, when the requirements are promulgated 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.
4.9. 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.
4.10. 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.
5. CVT RESPONSIBILITIES.
5.1. 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.
Commissioners Minutes Continued. June 12, 2008
412
5.2. 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.
5.3. The CVT shall fully cooperate with the County concerning the County’s services under this
Agreement.
5.4. The CVT may disseminate data that it entered into FRMS to any third party, unless prohibited
by law.
5.5. The CVT is solely responsible for entering data into FRMS for its jurisdiction.
5.6. 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.
5.7. Except as provided in the Agreement, the CVT shall be solely responsible for the costs
associated with the personal computer and printer operation, not supplied by the County, at
its fire station(s), including but not limited to, personnel, equipment, power, and supplies.
5.8. 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.
5.9. After the initial installation of the equipment provided under this Agreement, 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.
6. FIRE GOVERNANCE COMMITTEE RESPONSIBILITIES
6.1. The FGC shall provide direction, counsel and recommendations concerning the operation of
FRMS.
7. FINANCIAL RESPONSIBLITIES.
7.1. FRMS Annual Participation Fees. In addition to any FRMS connectivity fees in section 7.2,
the CVT shall pay annual participation fees and a one-time start-up fee ($3,500) to the
County for participation in FRMS. In 2008 the annual fees are: (1) $3,966 annually which
includes one fire station: and (2) $340.00 annually for each additional fire station. See
attached list for the annual fee structure.
7.2. Costs for FRMS Connectivity. The CVT shall connect to FRMS by one of the three following
methods:
7.2.1. If the CVT elects to provide its own connectivity to FRMS, then it shall incur no costs for
such connectivity. The CVT shall still be responsible for the annual participation fees set
forth in Section 7.1.
7.2.2. If the CVT elects to have the County provide the means to connect directly with OAKNET
for FRMS connectivity, the CVT will not have to pay for FRMS connectivity. This option
does not allow a CVT and/or its fire stations to connect back to any CVT application
servers.
7.2.3. If the CVT elects to have the County provide the means to connect to its local area
network before connecting with the OAKNET for FRMS connectivity, the CVT shall pay
the County the following:
7.2.3.1. The CVT shall pay no monthly fee for FRMS connectivity within the first year
after execution of this Agreement.
7.2.3.2. The CVT shall pay 25 percent of the monthly fee attributable to it for FRMS
connectivity within the second year after execution of this Agreement. The
monthly fees are set forth in Exhibit A.
7.2.3.3. The CVT shall pay 50 percent of the monthly fee attributable to it for FRMS
connectivity within the third year after execution of this Agreement. The monthly
fees are set forth in Exhibit A.
7.2.3.4. The CVT shall pay 75 percent of the monthly fee attributable to it for FRMS
connectivity within the fourth year after execution of this Agreement. The
monthly fees are set forth in Exhibit A.
Commissioners Minutes Continued. June 12, 2008
413
7.2.3.5. The CVT shall pay the entire monthly fee attributable to it for FRMS connectivity
within the fifth year after execution of this Agreement. The monthly fees are set
forth in Exhibit A.
7.2.4. The CVT elects to connect to FRMS as set forth in Section 7.2.1.
7.3. The CVT may switch the method by which it connects to FRMS. If the CVT switches the
method by which it connects to FRMS, it shall be responsible for any applicable termination
fees contained in Section 10 and any applicable costs for FRMS connectivity in Section 7.2.
7.4. The County shall submit a quarterly invoice to the CVT in a manner proscribed 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.
7.5. 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.
7.6. CVT Failure to Pay
7.6.1. 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.
7.6.2. 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 Delinquent Tax Revolving
Fund (“DTRF”) or 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.
7.6.3. 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.
8. DURATION OF INTERLOCAL AGREEMENT.
8.1. 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, and when
the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement
and any amendments hereto shall be entered in the official minutes of the governing bodies
of each Party.
8.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 10.
9. ASSURANCES.
9.1. 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.
9.2. 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.
9.3. The County is not responsible for any Claims arising directly or indirectly from misuse of
FRMS by the CVT, its employees, or its agents.
9.4. Neither the County nor CVT shall be liable for any consequential, incidental, indirect, or
special damages in connection with this Agreement.
10. TERMINATION OR CANCELLATION OF AGREEMENT.
10.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days
notice. The effective date for termination or cancellation shall be clearly stated in the notice.
10.2. Upon termination and/or cancellation of this Agreement, the CVT has the right to receive a
copy data it entered into FRMS.
10.3. If the CVT connects to FRMS pursuant to 7.2.2 or 7.2.3 and if the CVT terminates and/or
cancels this Agreement for any reason, except breach, within three years after execution of
this Agreement, the CVT will be responsible for 70% of the monthly fees contained in Exhibit
A for FRMS connectivity. The CVT shall not pay any such fees if this Agreement is
terminated and/or cancelled three years after execution of this Agreement.
Commissioners Minutes Continued. June 12, 2008
414
10.4. Except as provided in this Agreement, the Parties shall not be obligated to pay a cancellation
or termination fee, if this Agreement is cancelled or terminated as provided herein.
11. 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 10. The County shall
not incur penalty, expense, or liability if services are suspended under this Section.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
18. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously
agreed to by the Parties and specifically listed herein.
19. 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.
20. 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.
21. 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.
22. 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.
Commissioners Minutes Continued. June 12, 2008
415
23. 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.
23.1. 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.
23.2. If Notice is sent to the CVT, it shall be addressed to: .
23.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
24. 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.
25. 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.
26. 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, _____________ hereby acknowledges that he has been authorized by a
resolution of the__________________, a certified copy of which is attached, to execute this Agreement
on behalf of the CVT and hereby accepts and binds the CVT 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 the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED: _____________________________ DATE: ______________
Bill Bullard Jr Chairperson
Oakland County Board of Commissioners
WITNESSED:_____________________________ DATE:_______________
Ruth Johnson, Clerk, Register of Deeds
County of Oakland
FISCAL NOTE (MISC. #08099)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY AND THE CITY OF BERKLEY PUBLIC SAFETY FOR THE FIRE RECORDS
MANAGEMENT SYSTEM
Commissioners Minutes Continued. June 12, 2008
416
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 approves the agreement between the Oakland County Department of Information
Technology and the City of Berkley Public Safety to participate in the Fire Records Management
System.
2. The Fire Governance Committee (FGC) approved a participation fee increase for the local
municipalities in their January 11, 2006 meeting.
3. The City of Berkley Public Safety (as a department that chose not to stay in the initial phase of
the project) will be responsible for the following initial start-up fee and annual fees beginning
August 1, 2008 (prorating 2 months access for Fiscal Year 2008):
-$3,500 start-up fee
-$3,966 annual department fee
4. The addition of the City of Berkley Public Service will require the purchase of computer
equipment of $1,914 as well a software license and support of $3,780.
5. Funding is available in General Fund Non-Dept Contingency account to cover the cost.
6. The anticipated revenue and the operating expenses associated with implementing a new agency
is included in the Fire Records Management System Fund Fiscal Year 2008 Budget and will be
included in the Fiscal Year 2009 and Fiscal Year 2010 County Executive Recommended Budget.
7. A Fiscal Year 2008 amendment is recommended as specified below to cover the cost of the
equipment and software license and support:
GENERAL FUND (#10100) FY 2008
Expenditures
9090101-196030-730359 Non-Dept Contingency ($ 5,694)
9090101-152010-788001-53100 Transfer Out-FRMS $ 5,694
Total General Fund Exp $ -0-
FIRE RECORDS MANAGEMENT FUND (#53100)
Revenue
1080325-115100-695500-10100 Transfer In-General Fund $ 5,694
Total Revenue $ 5,694
1080325-115100-665882 Change in Fund Equity $ 5,694
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08100
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2008
DEVELOPMENT APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all development cost is incorporated as a single appropriation within the non-departmental
budget and then an amount equal to the actual expense is transferred to the user department with a
summary report to the Finance Committee; and
WHEREAS the Department of Information Technology has determined the Second Quarter 2008
development charges to be $1,415,882.10 and the imaging development charge to be $3,832.97 for the
General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary fund departments are $471,837.77, non-
governmental imaging development are $195.20, and non-county agencies are $366.00 for the Second
Quarter 2008; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
Commissioners Minutes Continued. June 12, 2008
417
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the Second Quarter 2008 Development Report and approves the Second Quarter appropriation transfer
as specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Development Summary 2nd Quarter 2008, and Information Technology
– Reserve Fund Development/Support Detail – 2nd Quarter, 2008 on file in County Clerk’s office.
FISCAL NOTE (MISC. #08100)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2008
DEVELOPMENT APPROPRIATION TRANSFER
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 appropriates and charges the Information Technology Second Quarter 2008
Development cost to benefiting departments.
2. The second quarter development charges are $1,415,882.10; imaging development charges are
$3,832.97 for General Fund/General Purpose departments; direct charges to Special Revenue
and Proprietary fund departments are $471,837.77, non-governmental imaging development are
$195.20, and charges to non-county agencies are $366.00.
3. The respective departmental Fiscal Year 2008 budgets are to be amended as specified in the
attached detail schedule.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08111
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – “CONCERTS IN THE PARK” PROGRAM MINI-
GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has applied for a $2,000 grant for the
“Concerts In The Park” Program through the Oakland County Cultural Council and Michigan Council for
Arts and Cultural Affairs; and
WHEREAS the “Concerts In The Park” Program was developed to promote music, arts and culture across
Oakland County based on input from community organizations, parks and recreation department
directors, the Oakland County Parks and Recreation Commission and staff members; and
WHEREAS the “Concerts In The Park” Program meets the Oakland County Parks and Recreation
Commission’s goals and objectives of innovative specialized recreation programs and cultural
experiences; and
WHEREAS the goals and objectives will assist the Oakland County Parks and Recreation Commission in
determining future specialized recreation programs by providing these programs to communities and
organizations where these resources are otherwise unavailable and to increase exposure and
appreciation for arts and culture; and
WHEREAS the Oakland County Parks and Recreation Commission accepted this mini-grant at their
regular meeting on March 12, 2008, for forwarding and approval by the Oakland County Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
acceptance of the $2,000 grant for the “Concerts In The Park” Program through the Oakland County
Cultural Council and Michigan Council for Arts and Cultural Affairs.
Commissioners Minutes Continued. June 12, 2008
418
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 – Parks and Recreation and Mini Grant Application on file in County
Clerk’s office.
FISCAL NOTE (MISC. #08111)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – “CONCERTS IN THE PARK” PROGRAM MINI -
GRANT
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
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission has received a grant from the Oakland
County Arts and Culture through the Michigan Council for the Arts and Cultural Affairs.
2. The grant will assist Oakland County Parks and Recreation Commission’s goals and objectives in
determining future specialized recreation programs by providing these programs to communities
and organizations where these resources are otherwise unavailable.
3. Total Program costs equal $4,430 with $2,000 (45%) in grant funds and $2,430 (55%) from Parks
and Recreation Fund.
4. The $2,430 will come from revenues generated by the ¼ mil Parks and Recreation Tax Levy.
5. The Oakland County Parks and Recreation Commission supported and approved of the grant on
March 12, 2008.
6. No County funds are required for this grant acceptance.
7. Sufficient funds have been budgeted in the Parks and Recreation Fund. No budget adjustments
are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08112
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2008 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT - GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Health Division has been awarded $3,780.00 by the Michigan Public Health Institute in
return for entering infant mortality data for Oakland County into a statewide database to assist with
statistical analysis; and
WHEREAS this activity had previously been undertaken using a variety of sources; and
WHEREAS no county match or additional positions are required; and
WHEREAS this contract has been approved through the County Executive’s contract review process; and
WHEREAS the acceptance of this contract does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
2008 Fetal Infant Mortality Data Abstraction Agreement in the amount of $3,780.00 and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for
this program.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement and
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 adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. June 12, 2008
419
Copy of Grant Review Sign Off – Health Division and Subcontract Agreement between the Michigan
Public Health Institute and Oakland County Health Department on file in County Clerk’s office.
FISCAL NOTE (MISC #08112)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2008 FETAL
INFANT MORTALITY DATA ABSTRACTION AGREEMENT – 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 Health Division has been awarded $3,780 by the Michigan Public Health Institute in return for
entering infant mortality data for Oakland County into a statewide database to assist with
statistical analysis.
2. The funding period is from January 1, 2008 through September 30, 2008.
3. No county match or additional positions are required.
4. A budget amendment is recommended as specified below to reflect the award:
FY 2008
HEALTH DIVISION (Fund #20221)
Revenue
1060201-133150-631869 Reimbursement of Salaries $3,780
Total Revenue $3,780
Expenditures
1060201-133150-702010 Salaries $3,780
Total Expenditures $3,780
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08101
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – REORGANIZATION AND BUDGET TASK
REDUCTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in reaction to the difficult economic times facing Oakland County, the County Executive has
imposed a hiring freeze and established an estimated budget reduction task for Fiscal Year 2008 – 2010;
and
WHEREAS the current budget reduction task and recent turnover has prompted a review of the Human
Resources (HR) Department operations and organization structure; and
WHEREAS the proposed reorganization deletes positions and realigns existing resources where most
needed while also meeting the department’s budget reduction task; and
WHEREAS the HR Department’s current portion of the County Executive’s budget reduction task is
$34,083 for Fiscal Year 2008, $31,624 for Fiscal Year 2009 and $205,553 for Fiscal Year 2010; and
WHEREAS the proposed reorganization exceeds the targeted task amount and accelerates the savings
by being effective in June of Fiscal Year 2008.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Human Resources Department as shown below:
1. To delete the following three (3) Governmental Funded positions:
Position Title Status Position Number Location
Supervisor Human Resources Full-time 1050510-01986 Compensation Unit
Human Resources Analyst II Full-time 1050402-02586 Recruitment Unit
Senior Human Resource Analyst PTNE 1050402-00109 Recruitment Unit
Commissioners Minutes Continued. June 12, 2008
420
2. To retitle two HR Divisions as follows:
From To
HR-Recruitment and HRIS Division (10504) HR-Workforce Management Division
HR-Compensation and Ben. Division (10505) HR-Benefits Administration Division
3. To combine two units into one and retitle as follows:
From To
HR-Recruitment Unit (1050402) HR-Recruitment and Workforce Planning Unit
HR-Compensation and Workforce (1050402)
Planning Unit (1050510)
4. To retitle two units as follows:
From To
HR-Recruitment and HRIS Admin (1050401) HR-Recruitment and Workforce
Planning Admin
HR – Comp and Workforce HR Benefits Administration Unit
Planning Admin (1050401)
5. To create the following PTNE 1,000 hour/yr. positions:
Position Title Funding Grade Location
Office Assistant I GFGP 03 HR Benefits Admin. Unit (1050501)
Employee Benefits PR 09 HR Employee Benefits Unit (1050520)
Specialist
6. To upwardly reclassify the following positions:
From To
Position # Position Title Grade Position Title Grade
01023 Supv-Emp Records 13 Supv-HR 16
08138 Technical Assistant 08 HR Analyst I 10
09768 User Support Spec II 12 HR Analyst III 13
7. To decrease the salary range for the Retirement Administrator classification as follows:
Grade Base 1 Year 2 Year 3 Year 4 Year 5 Year
From Excluded
from SAP
81,178
3,122.22
86,066
3,310.23
90,950
3,498.06
95,834
3,685.91
100,718
3,873.78
105,608
4,061.83
To 18 67,808
1,607.99
71,889
2,764.95
75,973
2,922.05
80,053
3,078.95
84,139
3,236.10
88,225
3,393.26
8. To transfer the following positions and delete the Comp and Workforce Planning Unit (1050510):
From To
1050510 Comp and Workforce Planning 1050402 Recruitment and Workforce Plng
02090 Human Resources Analyst II
02427 Human Resources Analyst III
02459 Human Resources Analyst III
02647 Human Resources Analyst II
02845 Human Resources Analyst III
08138 Human Resources Analyst I
08139 Human Resources Analyst II
1050401 HR Recruitment and HRIS Admin 1050415 HR Employee Records and HRIS
07868 User Support Specialist I
1050101 Human Resources Administration 1050515 HR Retirement Unit
10254 Retirement Administrator
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Commissioners Minutes Continued. June 12, 2008
421
FISCAL NOTE (MISC. #08101)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – REORGANIZATION AND BUDGET TASK
REDUCTIONS
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 has proposed a reorganization which will delete positions
and realign existing resources where most needed to meet the budget reduction task imposed for
Fiscal Year 2008, Fiscal Year 2009 and Fiscal Year 2010.
2. The Human Resources Department’s portion of the County Executive’s budget reduction task is
$34,083 for Fiscal Year 2008, $31,624 for Fiscal Year 2009, and $205,553 for Fiscal Year 2010.
3. The following is requested as part of the reorganization:
a. Delete three (3) Governmental Funded positions:
FTE Supervisor Human Resources 1050510-01986
FTE Human Resources Analyst II 1050402-02586
PTNE Senior Human Resources Analyst 1050402-00109
b. Retitle HR-Recruitment and HRIS Division (10504) to HR-Workforce Management
Division and HR-Compensation and Benefits Division (10505) to HR-Benefits
Administration Division.
c. Combine HR-Recruitment Unit (1050402) and HR-Compensation and Workforce
Planning Unit (1050510) as one unit retitled HR-Recruitment and Workforce Planning
Unit (1050402).
d. Retitle HR-Recruitment and HRIS Administration (1050401) to HR-Recruitment and
Workforce Planning Administration and HR-Comp and Workforce Planning Administration
(1050501) to HR-Benefits Administration Unit.
e. Create one (1) GF/GP Office Assistant I PTNE (1,000 hrs.) position (grade 3) and one (1)
PR Employee Benefits Specialist PTNE (1,000 hrs.) position (grade 9) to be funded by
the Fringe Benefit Fund.
f. Upwardly reclassify one (1) Supervisor-Employee Records (grade 13) to Supervisor-
Human Resources (grade 16); one (1) Technical Assistant (grade 8) to HR Analyst I
(grade 10); one (1) User Support Specialist II (grade 12) to HR Analyst III (grade 13).
g. Decrease salary range for Retirement Administrator classification from status of Excluded
from SAP to a grade 18.
h. Transfer all positions in Compensation and Workforce Planning Unit (1050510) to newly
titled Recruitment and Workforce Planning Unit (1050402) and delete the Compensation
and Workforce Planning Unit; Transfer one (1) User Support Specialist I (#07868) from
HR-Recruitment and HRIS Administration Unit to HR-Employee Records and HRIS Unit
(1050415); Transfer one (1) PR Retirement Administrator (#10254) from HR -
Administration Unit (1050101) to HR – Retirement Unit (1050515).
4. The effect of Fiscal Year 2009 and Fiscal Year 2010 changes, including savings realized from the
reorganization, will be included in the Fiscal Year 2009 and Fiscal Year 2010 County Executive
Recommended Budget.
5. A budget amendment is recommended to reflect the changes in the departments organization
and savings for the remainder of Fiscal Year 2008 as follows:
GENERAL FUND (#10100) FY 2008
Expenditures
1050402-183030-702010 HR – Workforce Mgmt - Salaries 138,430
1050402-183030-722750 HR – Workforce Mgmt – Worker’s Comp 327
1050402-183030-722760 HR – Workforce Mgmt – Group Life 360
1050402-183030-722770 HR – Workforce Mgmt – Retirement 42,868
1050402-183030-722780 HR – Workforce Mgmt – Hospitalization 20,593
1050402-183030-722790 HR – Workforce Mgmt – Soc. Security 10,590
1050402-183030-722800 HR – Workforce Mgmt – Dental 1,917
Commissioners Minutes Continued. June 12, 2008
422
1050402-183030-722810 HR – Workforce Mgmt – Disability 596
1050402-183030-722820 HR – Workforce Mgmt – Unemp Insurance 277
1050402-183030-722850 HR – Workforce Mgmt – Optical 225
1050402-183030-730975 HR – Workforce Mgmt – Intern Program 187,060
1050402-183030-731213 HR – Workforce Mgmt – Membership Dues 75
1050402-183030-731339 HR – Workforce Mgmt – Periodicals, Books 375
1050402-183030-731346 HR – Workforce Mgmt – Personal Mileage 75
1050402-183030-732018 HR – Workforce Mgmt – Travel and Conf 50
1050402-183030-776666 HR – Workforce Mgmt – Print Shop 1,500
1050510-183070-702010 HR – CompandBen/Wrkforce - Salaries (138,430)
1050510-183070-722750 HR – CompandBen/Wrkforce – Worker’s Comp (327)
1050510-183070-722760 HR – CompandBen/Wrkforce – Group Life (360)
1050510-183070-722770 HR – CompandBen/Wrkforce – Retirement (42,868)
1050510-183070-722780 HR – CompandBen/Wrkforce – Hospital (20,593)
1050510-183070-722790 HR – CompandBen/Wrkforce – Soc. Secur (10,590)
1050510-183070-722800 HR – CompandBen/Wrkforce – Dental (1,917)
1050510-183070-722810 HR – CompandBen/Wrkforce – Disability (596)
1050510-183070-722820 HR – CompandBen/Wrkforce – Unemp Insurance (277)
1050510-183070-722850 HR – CompandBen/Wrkforce – Optical (225)
1050510-183070-730975 HR – CompandBen/Wrkforce – Intern Prog (187,060)
1050510-183070-731213 HR – CompandBen/Wrkforce – Membership Dues (75)
1050510-183070-731339 HR – CompandBen/Wrkforce – Periodicals (375)
1050510-183070-731346 HR – CompandBen/Wrkforce – Pers Mileage (75)
1050510-183070-732018 HR – CompandBen/Wrkforce – Travel and Conf (50)
1050510-183010-776666 HR – CompandBen/Wrkforce – Print Shop (1,500)
1050402-183030-702010 HR – Workforce Mgmt – Salaries (50,492)
1050402-183030-722740 HR – Workforce Mgmt – Fringe Benefits (37,621)
1050415-183090-702010 HR – Employee Records – Salaries 1,102
1050415-183090-722740 HR – Employee Records – Fringe Benefits 433
1050501-183010-702010 HR – CompandBen/Admin – Salaries 3,589
1050501-183010-722740 HR – CompandBen/Admin – Fringe Benefits 147
1050101-183010-740023 HR – Administration – Budget Transit. 82,842
Total General Fund $ -0-
FRINGE BENEFIT FUND (#67800)
Expenditures
1050101-183160-702010 HR-Administration – Salaries ($ 30,967)
1050101-183160-722740 HR-Administration – Fringe Benefits ( 16,049)
1050515-183160-702010 HR-Retirement Unit – Salaries 22,343
1050515-183160-722740 HR-Retirement Unit – Fringe Benefits 12,660
1050520-183160-702010 HR-Employee Benefits – Salaries 6,477
1050520-183160-722740 HR-Employee Benefits – Fringe Ben. 266
Total Expenditures ($ 5,270)
9011501-183190-665882 Change in Fund Equity ($ 5,570)
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*REPORT (MISC. #08102)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: DRAIN COMMISSIONER – DOWNWARD RECLASSIFICATION AND TRANSFER OF TWO (2)
POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08102 on June 4, 2008 reports
with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
Commissioners Minutes Continued. June 12, 2008
423
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #08102
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - DOWNWARD RECLASSIFICATION AND TRANSFER OF TWO (2)
POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Engineering and Construction Division of the Drain Commissioner’s Department is
responsible for overseeing the design and construction of new storm drains, sanitary sewers, water
mains, wastewater treatment facilities and lake level control structures; and
WHEREAS the demand for these services has diminished due to the lack of new construction projects;
and
WHEREAS in response to the budget concerns for Fiscal Year 2008 and beyond, the Oakland County
Drain Commissioner has reviewed the current departmental staffing levels; and
WHEREAS to increase efficiency while lowering costs, the Drain Commissioner requests to downwardly
reclassify two (2) vacant (SR) Construction Inspector II positions (6010326-06898 and 6010326-06899) to
the classification of Maintenance Mechanic II; and
WHEREAS to more effectively utilize these positions, the Drain Commissioner requests to transfer the
positions from the Engineering and Construction Division (6010326) to the Operations and Maintenance
Division (6010207).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
downward reclassification of two (2) vacant (SR) Construction Inspector II positions (6010326-06898 and
6010326-06899) to the classification of Maintenance Mechanic II.
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners approves the transfer of
the two (2) reclassified Maintenance Mechanic II positions from Engineering and Construction/Inspection
(6010326) to Operations and Maintenance/Drain and Sewer Maintenance (6010207).
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #08102)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER – DOWNWARD RECLASSIFICATION AND TRANSFER OF TWO (2)
POSITIONS
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 Drain Commissioner is requesting to reclassify two (2) vacant special revenue funded
Construction Inspector II positions (6010326-06898 and 6010326-06899) to a classification titled
Maintenance Mechanic II.
2. The Construction Inspector II positions are salary grade 8 and the Maintenance Mechanic II
positions are salary grade 7 with overtime non-exempt, resulting in an annual net savings of
$418.
3. The Engineering and Construction Division has experienced a slowdown in new construction
projects, and in order to enhance future workload objectives, the two (2) Maintenance Mechanic II
positions will be transferred from the Engineering and Construction Division to the Operations and
Maintenance Division.
4. The following budget amendment is recommended for Fiscal Year 2008 and 2009 Adopted
Budget to reflect the position reclassification and transfer.
FY 2008 FY 2009
WATER AND SEWER TRUST FUND (#57010)
Revenues
6010201-149030-632086 Sewage Disposal Services ($ 209) ($ 209)
6010201-149030-632450 Water Sales General ($ 209) ($ 209)
Total Revenues ($ 418) ($ 418)
Commissioners Minutes Continued. June 12, 2008
424
Expenses
6010201-149030-702010 Salaries ($ 300) ($ 300)
6010201-149030-722740 Fringes ($ 118) ($ 118)
Total Expenses ($ 418) ($ 418)
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*REPORT (MISC. #08103)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: DRAIN COMMISSIONER – DELETION OF ONE CONSTRUCTION INSPECTOR II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08103 on June 4, 2008 reports
with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #08103
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - DELETION OF ONE CONSTRUCTION INSPECTOR II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in reaction to the difficult economic times facing Oakland County, the County Executive has
imposed a hiring freeze and established an Estimated Budget Reduction Task for Fiscal Year 2008 -
2010; and
WHEREAS the Drain Commissioner has reviewed the assigned estimated budget task for General
Fund/General Purpose funds; and
WHEREAS the Drain Commissioner proposes the deletion of one (1) Vacant GF/GP Construction
Inspector II position (6010335-10149); and
WHEREAS the savings from the position deletion will be fully applied towards the Drain Commissioner’s
2008, 2009, and 2010 budget task; and
WHEREAS the duties that were previously assigned to this position will be redistributed to other divisional
employees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of one (1) Vacant GF/GP Construction Inspector II position (6010335-10149) from Engineering
and Construction/Soil Erosion Unit.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #08103)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER – DELETION OF ONE CONSTRUCTION INSPECTOR II POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. This resolution approves the Oakland County Drain Commissioner request to delete one (1)
GF/GP Construction Inspector II position (6010335-10149) from the Engineering and
Construction Division of the Soil Erosion Unit.
2. The deletion of this position will result in a savings of $29,019 for the remainder of Fiscal Year
2008 and an annual savings of $58,038.
3. These savings will be applied to the Drain Commissioner budget task for Fiscal Years 2008, 2009
and 2010.
4. The duties and responsibilities of this position will be distributed to other divisional employees.
Commissioners Minutes Continued. June 12, 2008
425
5. To include the reduction in personnel operating expenses, the following budget amendment is
recommended for the Fiscal Year 2008 and Fiscal Year 2009 budget:
GENERAL FUND #10100
Expenses FY 2008 FY 2009
6010101-155010-702010 Salaries ($18,531) ($37,061)
6010101-155010-722740 Fringes ( 10,488) ( 20,977)
6010101-155010-740023 Drain Comm - Budget Transition 29,019 58,038
Total $ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08113
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – 2008 ANNUAL ACTION PLAN AND CONSOLIDATED
GRANT ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2007 - 2008 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
2008 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS the 2008 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)
Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter Grant (ESG)
Program; and
WHEREAS HUD, by letter dated May 12, 2008, transmitted to the Community and Home Improvement
Division a Program Year 2008, consolidated allocation of $5,438,769 including $3,739,885 for CDBG,
$1,516,854 for HOME, $14,309 for the HOME Program American Dream Down payment Initiative (ADDI)
and $167,721 for ESG, for the period of May 1, 2008 through April 30, 2009; and
WHEREAS this is the thirty-fourth year of grant funding and acceptance for these programs; and
WHEREAS total program revenue for the 2008-2009 CDBG Program will be $4,757,119 including
$3,739,885 grant allocation, $1,000,000 in estimated CDBG Revolving Loan Funds and $17,234 in
Community Program Income; and
WHEREAS total program revenue for the 2008-2009 HOME Program will be $2,472,455 including
$1,516,854 HOME grant allocation, $341,292 grant match, $14,309 ADDI grant allocation and $600,000
in estimated HOME Program Income; and
WHEREAS funding for the HOME program match is appropriated in the Oakland County 2008 Adopted
Budget; and
WHEREAS total program revenue for the 2008-2009 ESG Program will be the grant allocation of
$167,721; 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 2008-2009 CDBG, HOME and ESG
programs appear in attachments A, B, C, D and E; and
WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive
Departments through the County grant process (Miscellaneous Resolution #01320); and
WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and
WHEREAS program budget amendments for 2008 CDBG Home Improvement Program Revolving Loan
Fund and HOME Program Income actual amounts will be requested by resolution in 2009 after
compilation of additional information and fiscal year closing; and
WHEREAS the 2007 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and
ESG (Miscellaneous Resolution #07164) estimated Home Improvement Program Revolving Loan Fund
revenue of $1,500,000 and Home Investment Partnership Act Program Income revenue of $680,000; and
Commissioners Minutes Continued. June 12, 2008
426
WHEREAS the Home Improvement Revolving Loan Fund generated $1,011,742.79, the Home
Investment Partnership Act Program Income generated $732,765.00, and the Home Investment
Partnership Act CHDO Program Income generated $34,469.81 in Program Year 2007.
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 $5,438,769, $1,000,000 in estimated Home Improvement Revolving Loan
Funds, $17,234 in Community Program Income, $600,000 in estimated HOME Program Income and
HOME County match of $341,292 for a consolidated 2008 program year grant package totaling
$7,397,295.
BE IT FURTHER RESOLVED that the 2007 Annual Action Plan and Consolidated Grant Acceptance be
amended to reflect CDBG Home Improvement Revolving Loan Funds totaling $1,011,742.79, Home
Investment Partnership Act Program Income totaling $732,765.00, and Home Investment Partnership Act
CHDO Program Income totaling $34,469.81 in the program year period of May 1, 2007 through April 30,
2008.
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.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachments A – Comparison of Grant Application with Grant Award, B – Community
Development Block Grant Program Description, Funding Approval and Home Investment Partnership
Agreement, and attachment E on file in County Clerk’s office.
FISCAL NOTE (MISC. #08113)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – 2008 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT
ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2007 - 2008 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 2008 for the consolidated Community Development Block
Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Shelter Grant
(ESG) in the amount of $5,438,769.
2. The award includes $3,739,885 for the Community Development Block Grant, $1,516,854 for the
HOME Investment Partnership Grant, $14,309 for the HOME American Dream Downpayment
Initiative and $167,721 for the Emergency Shelter Grant.
3. The award also includes $1,000,000 in estimated Home Improvement Revolving Loan Funds,
$17,234 in Community Program Income, $600,000 in estimated HOME Program Income, and
requires a HOME County match of $341,292 for a consolidated 2008 program year grant total of
$7,397,295.
Commissioners Minutes Continued. June 12, 2008
427
4. The Federal grant award of $5,438,769 is $76 more than the application of $5,438,693 and
$225,701 (4%) less than the 2007 program year award of $5,664,470.
5. Local County match of $341,292 (25%) is required for grant funding allocated to housing
rehabilitation and/or new construction activities for the HOME Investment Partnership Grant, a
reduction of $11,430 from the PY 2007 County Match of $352,722. The 25% match percentage
requirement is the same as the match requirement in the 2007 HOME Investment Partnership
Grant.
6. County Match of $341,292 is available in the Non-Departmental Grant Match line item of the
Fiscal Year 2008 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, 2008 through April 30, 2009.
9. The resolution also amends the 2007 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 Revolving Loan Fund, and HOME Community Housing
Development Organization Program Income in the program year period of May 1, 2007 through
April 30, 2008.
10. A Fiscal Year 2008 Budget amendment is recommended as follows:
GENERAL FUND #10100
Expenditures
9090101-196030-730800 Non-Dept Grant Match ($341,292)
1090659-196030-788001-29711 Transfer Out 341,292
$ -0-
HOME INVESTMENT PARTNERSHIP FUND #29711
Revenue
1090659-132240-695500-10100 Transfer In $284,410
1090659-132260-695500-10100 Transfer In 56,882
$341,292
Expenditures
1090659-132240-730884 Housing Rehab Match $284,410
1090659-132260-730261 CHDO Match 56,882
$341,292
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08114
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/ARTS,
CULTURE AND FILM – FISCAL YEAR 2008 REGIONAL REGRANTING ADMINISTRATIVE SERVICES
PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $9,600 for
administrative services relating to its Regional Regranting Services Program for Fiscal Year 2008; and
WHEREAS the Regional Regranting/Mini-grant Program provides funding for locally developed, high
quality arts projects to address local arts needs and increase public access to the arts; and
WHEREAS the Fiscal Year 2008 Regional Regranting Services Program grant award for administrative
services is $2,800 more than the Fiscal Year 2007 award and $1,000 less than the Fiscal Year 2008
application; and
WHEREAS Local In-Kind Match in the amount of $9,600 is required for the grant award, as determined
on a dollar-for-dollar basis; and
WHEREAS the acceptance of this grant award does not obligate the County to any future commitment.
Commissioners Minutes Continued. June 12, 2008
428
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Fiscal Year 2008
Regional Regranting Administrative Services Program Grant Agreement with the Michigan Council for
Arts and Cultural Affairs in the amount of $9,600.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the
availability of grant funding.
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 – Arts and Culture and Grant Agreement for Arts Services on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08114)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/ARTS,
CULTURE AND FILM – FISCAL YEAR 2008 REGIONAL REGRANTING ADMINISTRATIVE SERVICES
PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
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 Council for Arts and Cultural Affairs has awarded Oakland County $9,600
for administrative services relating to its Regional Regranting Services Program for Fiscal
Year 2008.
2. The Fiscal Year 2008 grant award is $2,800 more than the Fiscal Year 2007 grant award
and $1,000 less than the Fiscal Year 2008 application and the amount anticipated in the
Fiscal Year 2008 Budget.
3. The funding period for the grant is October 1, 2007 through September 30, 2008.
4. Local In-Kind Match in the amount of $9,600 consisting of salary costs is required on a
dollar-for-dollar basis and is available in the Fiscal Year 2008 Economic Development
and Community Affairs/Arts, Culture and Film General Fund Budget.
5. A budget amendment to the Fiscal Year 2008 Special Revenue Budget is recommended
as follows:
ARTS CULTURE AND FILM FUND (#29210)
Revenue
1090108-166000-631764 Regrant Operation Support $(1,000)
Expenditure
1090108-166000-731241 Miscellaneous $(1,000)
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08115
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/ARTS,
CULTURE AND FILM – FISCAL YEAR 2008 REGIONAL REGRANTING SERVICES PROGRAM
GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $30,100 for
its Regional Regranting Services Program for Fiscal Year 2008; and
WHEREAS the Regional Regranting/Mini-grant Program provides funding for locally developed, high
quality arts projects to address local arts needs and increase public access to the arts; and
Commissioners Minutes Continued. June 12, 2008
429
WHEREAS the Fiscal Year 2008 Regional Regranting Services Program grant award is $9,700 more
than the Fiscal Year 2007 award; and
WHEREAS no County Match is required for the grant award; and
WHEREAS acceptance of this grant award does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Fiscal Year 2008
Regional Regranting Services Program Grant Agreement with the Michigan Council for Arts and Cultural
Affairs in the amount of $30,100.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said agreement.
BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the
availability of grant funding.
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 – Arts and Culture and Grant Agreement for Arts Services on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08115)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/ARTS,
CULTURE AND FILM – FISCAL YEAR 2008 REGIONAL REGRANTING SERVICES PROGRAM GRANT
ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
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 Council for Arts and Cultural Affairs has awarded Oakland County $30,100
for its Regional Regranting Services Program for Fiscal Year 2008.
2. The Fiscal Year 2008 grant award is $9,700 more than the Fiscal Year 2007 grant award
and $5,700 less than anticipated in the Fiscal Year 2008 Budget.
3. The funding period is October 1, 2007 through September 30, 2008.
4. No County Match is required for the Regional Regranting Services Program.
5. A budget amendment to the Fiscal Year 2008 Special Revenue Budget is recommended
as follows:
ARTS, CULTURE AND FILM FUND (#29210)
Revenue
1090108-166000-615255 Arts Council $(5,700)
Expenditure
1090108-166000-731598 Regranting Program $(5,700)
$ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
*MISCELLANEOUS RESOLUTION #08116
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (NATIONAL SHRINE OF THE
LITTLE FLOWER PROJECT) - CITY OF ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
Commissioners Minutes Continued. June 12, 2008
430
District Area for a project (National Shrine of the Little Flower Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Clyde Esbri and Jim Schneider, who are representative of neighborhood residents and
business interests likely to be affected by said Project, to the Board of Directors of The Economic
Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2)
of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if
undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appointment of Additional Directors to the EDC by the County Executive for the National Shrine
of the Little Flower Project on file in County Clerk’s office.
Vote on resolutions on the Consent Agenga:
AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
REPORT (MISC. #08097)
BY: Personnel Committee, Thomas Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – REORGANIZATION AND POSITION
DELETIONS TO MEET FISCAL YEAR 2008 - 2010 BUDGET TASK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that the following changes be made:
- To the paragraph which starts NOW THEREFORE BE IT RESOLVED change the text to:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the reorganization of the Department of Management and Budget, effective June 21,
2008, except Section 3. effective 12/31/08, as follows:
- To Section 2. “The following positions are deleted,” add the following:
d. User Support Specialist II (position #102061501939)
- To Section 3. “The following classifications are deleted,” add:
h. Payroll Coordinator
- To Section 5. “The following positions are reclassified with no change in salary grade level,”
change the Payroll Supervisor title to Supervisor – Payroll in item 5.f.
- To the next paragraph which starts BE IT FURTHER RESOLVED the text would be modified to
read:
BE IT FURTHER RESOLVED that one (1) full-time non-eligible (FTNE) Account Clerk I
position be created in the new Reimbursement unit of the Fiscal Services Division and one
(1) full-time non-eligible (FTNE) Accountant I position be created in the Central Fiscal
Services unit of the Fiscal Services Division.
Commissioners Minutes Continued. June 12, 2008
431
Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report and
adoption of the resolution as modified.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #08097
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – REORGANIZATION AND POSITIONS
DELETIONS TO MEET FISCAL YEAR 2008 - 2010 BUDGET TASK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS due to the continued decline in the housing market negatively impacting property tax
revenues, as well as the expectation that the State will continue to experience budget difficulties, Oakland
County is anticipating budget shortfalls of $3.3 million for fiscal year 2009 and $19.6 million for fiscal year
2010 (after approval of Miscellaneous Resolution. #08026) and continuing shortfalls beyond fiscal year
2010 unless positive action is taken to reduce the level of General Fund/General Purpose expenditures;
and
WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #08026 assigned a
budget task to each Elected Official for fiscal years 2008, 2009 and 2010; and
WHEREAS in order to meet a portion of its share of the County Executive’s budget task, the Department
of Management and Budget proposes a reorganization to merge the Reimbursement Division into the
Fiscal Services Division, which includes the deletion of three (3) positions, reclassification of seven (7)
positions and the creation of one full-time non-eligible position as detailed below and in the attached
schedules; and
WHEREAS the results of this proposal will generate $106,096 in savings for Fiscal Year 2008, $459,749
savings in Fiscal Year 2009 and $459,749 savings in Fiscal Year 2010; and
WHEREAS the remaining portion of the department’s budget task will be included in the Fiscal Year 2009
– Fiscal Year 2010 County Executive’s Recommended Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Department of Management and Budget, effective June 21, 2008 as follows:
1. The Reimbursement Division is hereby disbanded as a division and will become a unit under the
Fiscal Services Division.
2. The following positions are deleted:
a. Manager - Reimbursement (position #102070101542)
b. Financial Systems Coordinator (position #102061501814)
c. Accountant II (position #102061501246)
3. The following classifications are deleted:
a. Manager – Reimbursement
b. Chief – Reimbursement
c. Reimbursement Supervisor I
d. Reimbursement Supervisor II
e. Financial Systems Coordinator
f. Supervisor – Payroll
g. Assistant Payroll Supervisor
4. The following classifications are created:
a. Grants Compliance and Programs Coordinator (grade 14)
b. Payroll Specialist I (grade 9)
c. Payroll Specialist II (grade 11)
5. The following positions are reclassified with no change in salary grade level:
a. Position #102061501449 from Financial Reports Coordinator to Grants Compliance and
Programs Coordinator
b. Position #102061501086 from Payroll Coordinator to Payroll Specialist II
c. Position #102061503384 from Central Employee Records Coordinator to Payroll Specialist I
d. Position #102061502007 from Central Employee Records Coordinator to Payroll Specialist I
e. Position #102070101638 from Secretary II to Technical Assistant
f. Position #102061503557 from Payroll Supervisor to Supervisor III – Fiscal Services
6. The following positions are reclassified with salary grade level adjustments:
Commissioners Minutes Continued. June 12, 2008
432
a. Position #102061509553 from Assistant Payroll Supervisor (grade 14) to Supervisor I –
Fiscal Services (grade 13)
b. Position #102061501939 from User Support Specialist II (grade 12) to Accountant I (FTNE)
(grade 9)
c. Position #102061503190 from Supervisor II – Fiscal Services (grade 15) to Supervisor I –
Fiscal Services (grade 13)
d. Position #102070103144 from Chief - Reimbursement (grade 16) to Chief - Fiscal Services
(grade 18)
e. Position #102070100264 from Reimbursement Supervisor II (grade 11) to Supervisor I –
Fiscal Services (grade 13)
f. Position #102070101111 from Reimbursement Supervisor II (grade 11) to Supervisor I –
Fiscal Services (grade 13)
BE IT FURTHER RESOLVED that one (1) full-time non-eligible (FTNE) Account Clerk I position be
created in the Fiscal Services Division.
BE IT FURTHER RESOLVED that the Fiscal Year 2008 budget be amended, as detailed on the attached
Schedule B, to reflect the reorganization and position changed listed above.
BE IT FURTHER RESOLVED that the Fiscal Year 2009 and Fiscal Year 2010 impact of the above listed
reorganization be included in the Fiscal Year 2009 and Fiscal Year 2010 County Executive
Recommended Budget.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Department of Management and Budget Fiscal Services/Reimbursement Division Reorganization
on file in County Clerk’s office.
Moved by Rogers supported by Coulter the resolution be adopted.
Moved by Rogers supported by Coulter the Personnel Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Rogers supported by Coulter the resolution be amended to coincide with the recommendation
in the Personnel Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns, Coulter. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #08117
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – INDEPENDENCE TOWNSHIP CORRIDOR IMPROVEMENT
AUTHORITY
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
Commissioners Minutes Continued. June 12, 2008
433
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 on May 16, 2006, Independence Township passed a Resolution of Intent to establish a
Corridor Improvement Authority for Sashabaw Road; on June 20, 2006, the Township held a public
hearing regarding the intent to establish the CIA and the proposed boundaries of the tax increment
financing (TIF) and development area; and
WHEREAS on November 16, 2006, representatives of the CIA presented the TIF and development plan
to the County’s Review Committee; and
WHEREAS by Miscellaneous Resolution #06237, this Board of Commissioners determined to exempt
County ad valorem property taxes from capture by the CIA; and
WHEREAS since the 2006 events outlined above, representatives from Independence Township and the
CIA have spent considerable time and effort working with the County’s Planning and Economic
Development Services Division to structure a mutually acceptable development and TIF plan that the
County and the CIA could agree on; and
WHEREAS representatives from the Township appeared before the Review Committee on September
25, 2007, and again on March 28, 2008 to present a revised TIF plan for the CIA; and
WHEREAS the revised plan includes the following substantive changes:
(a) A 50% reduction in tax capture;
(b) A decrease (from 20 years to 14) in the number of years of capture stated in the plan;
(c) A reduction - from $16,000,000 down to $3.8 million – in the cost of projects the CIA will
undertake;
(d) A corresponding reduction in the number of projects, thereby limiting the projects to the
following:
1. Acquisition of right-of-way and the widening of Sashabaw Road north of the
Interstate 75 interchange;
2. Improvements to the Interstate 75 bridge and interchange;
3. Completion of streetscape improvements, such as landscaping, irrigation,
signage, and coordinated lighting;
4. Legal, financial, and general administrative services.
WHEREAS the CIA has successfully demonstrated that its plan meets the County’s Performance
Standards for Review of Proposed CIA districts.
NOW THEREFORE BE IT RESOLVED that, based on the report of the Review Committee and the
recommendation of the Finance Committee, the Board of Commissioners finds that the Independence
Township CIA project supports job creation and retention at a critical time in County history. Further, as
the first community to seek County participation in its CIA, the Independence Township CIA sets a
precedent for other communities who present CIA development and TIF plans to the County.
BE IT FURTHER RESOLVED that the Finance Committee recommends County participation in the TIF
plan in an amount not to exceed $1,294,501.37 or for a period of 14 years, whichever comes first,
beginning with base year 2006. Said participation is limited to the projects outlined above and further
limited in TIF capture to the parcels listed in the attached Exhibit A.
BE IT FURTHER RESOLVED that the County’s participation is contingent on the successful negotiation
of a contract between Independence Township, the CIA, and the County and, further, that Miscellaneous
Resolution #06237 is rescinded, contingent upon successful contractual agreement between the parties.
BE IT FURTHER RESOLVED that the County Clerk is directed to send a copy of this resolution to the
Clerk of Independence Township.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Independence Township Corridor Improvement Authority, Appendix B, and Sashabaw Road
Corridor Improvement Authority on file in County Clerk’s office.
Commissioners Minutes Continued. June 12, 2008
434
Moved by Rogers supported by Middleton the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Zack,
Bullard, Crawford. (13)
NAYS: Douglas, Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Burns,
Coulter. (10)
A sufficient majority having voted in favor, the resolution was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY FRIEND OF
THE COURT CITIZEN’S ADVISORY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expiring appointments on the Oakland County
Friend of the Court Citizen’s Advisory Committee, recommends the filling of the General Public seats, as
follows:
FRIEND OF THE COURT CITIZEN’S ADVISORY COMMITTEE (Three-year terms ending
6/30/2011)
Jeff Swanberg, Non-Custodial Parent
Dave Taylor, Custodial Parent
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Applications for Appointment to Oakland County Friend of the Court – Citizens Advisory
Committee on file in County Clerk’s office.
Moved by Long supported by Greimel the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Moved by Long supported by Greimel the appointments of Jeff Swanberg and Dave Taylor to the Friend
of the Court Citizen’s Advisory Committee for three year terms ending June 30, 2011 be confirmed.
Vote on appointment:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Zack, Bullard, Burns, Crawford, Douglas.
(21)
NAYS: Woodward, Coulter. (2)
A sufficient majority having voted in favor, the appointments of Jeff Swanberg and Dave Taylor to the
Friend of the Court Citizen’s Advisory Committee for three year terms ending June 30, 2011 were
confirmed.
REPORT (MISC. #08059)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. June 12, 2008
435
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on June 2, 2008,
reports with the recommendation that the resolution be amended, as follows:
1. Amend the 9th WHEREAS paragraph, as follows:
WHEREAS the United States Conference of Mayors and National League of Cities are urging the
U.S. House Ways and Means and Senate Appropriations Committees.
2. Amend the 1st BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in urging
the U.S. House Ways and Means and Senate Appropriations Committees to support..
3. Amend the last BE IT FURTHER RESOLVED paragraph, as follows:
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of
this adopted resolution to the President of the United States, the U.S. House Approprations Ways
and Means Committee, the U.S. Senate Appropriations Committee,
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #08059
BY: Jim Nash, David Woodward, Dave Coulter, Tim Greimel, Karen Spector, Marcia Gershenson,
Vincent Gregory, Helaine Zack
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the nation’s energy crisis is placing a heavy burden on our economy, businesses and
residents; and
WHEREAS it is imperative that national, state and local leaders work to chart a clear course towards
increased energy independence and greater energy efficiency; and
WHEREAS the Energy Efficiency and Conservation Block Grant (EECBG) Program, as authorized in the
Energy Independence and Security Act of 2007, is a key component to responding to this crisis by
making our county more energy efficient and energy independent, and strengthening our economy; and
WHEREAS the EECBG program will help form a new partnership between cities, counties, and states to
address our energy challenges, including: reducing energy use, increasing energy efficiency and curbing
greenhouse gas emissions; and
WHEREAS the EECBG provides a unique opportunity to expand on the success of local initiatives to
increase energy efficiency, expand renewable energy supplies, and facilitate new employment
opportunities; and
WHEREAS the EECBG will assist local government units in implementing energy and conservation
strategies to: (a) reduce fossil fuel emissions created as a result of activities within their jurisdiction; (b)
reduce energy use; (c) improve energy efficiency in the transportation, building and other appropriate
sectors; and (d) provide long-term cost savings to government, business and residents; and
WHEREAS the EECBG will be helpful to Oakland County in developing and implementing an energy
efficiency and conservation strategy and in retaining technical consultant services to assist in the
development of such a strategy; and
WHEREAS a strong commitment to this newly authorized EECBG program is critical, especially now, at a
time when the national and local economic growth is slowing, and local revenues are declining due to
weakening real estate markets; and
WHEREAS the United States Conference of Mayors and National League of Cities are urging the U.S.
House and Senate Appropriations Committees to support supplemental appropriations during Fiscal Year
2008 to promptly launch the EECBG program and to include in the Fiscal Year 2009 appropriation the
authorized $2 billion funding level for this critical program initiative; and
WHEREAS the law ensures that these resources are results-oriented, with recipients being required to
report each year to the Department of Energy Secretary on the implementation of the Energy Efficiency
and Conservation Strategy and on their local energy efficiency gains.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports funding for the Energy Efficiency and Conservation Block Grant (EECBG) Program, as
Commissioners Minutes Continued. June 12, 2008
436
authorized in the Energy Independence and Security Act of 2007, which will provide funding to support
community-based, grass-roots actions to reduce our overdependence on foreign energy sources and
further ongoing local climate protection efforts.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in urging the U.S.
House and Senate Appropriations Committees to support supplemental appropriations during Fiscal Year
2008 to promptly launch the EECBG program and to include in the Fiscal Year 2009 appropriation the
authorized $2 billion funding level for this critical program initiative.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the President of the United States, the U.S. House Appropriations Committee, the
U.S. Senate Appropriations Committee, the Oakland County delegation to the U.S. House and Senate,
the U.S. Conference of Mayors, the National League of Cities, the Michigan Association of Counties, the
National Association of Counties and Oakland County’s legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, DAVID WOODWARD, DAVID
COULTER, TIM GREIMEL, VINCENT
GREGORY, MARCIA GERSHENSON, KAREN
SPECTOR, HELAINE ZACK, TIM BURNS
Moved by Long supported by Nash the resolution be adopted.
Moved by Long supported by Nash the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Nash 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.
Vote on resolution, as amended:
AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash,
Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford,
Douglas, Gershenson. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #08118
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: MERIT RULE 15 – HOURS OF WORK, MERIT RULE 2 - SALARIES – AUTHORIZATION FOR
4/40 PILOT WORK HOUR PROGRAMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS prudent utilization of 4/40 work schedules can increase business hours for Oakland County
residents seeking government services; and
WHEREAS in 1985 the Federal Government embraced this concept by enacting permanent authorization
for federal agencies to use alternative work schedules (P.L. 99-196); and
WHEREAS soaring gasoline prices are adversely impacting the budgets of governments, businesses,
County employees and the public; and
WHEREAS the relentless global demand for scarce oil resources makes it unlikely that a significant
reduction in the cost of gasoline, diesel fuel or biofuels will occur in the next several years; and
WHEREAS extended hours of operation could assist county residents by allowing them to consolidate
their business at the county with other driving needs to decrease the consumption of gasoline; and
WHEREAS employee commuting costs can be reduced 20% by switching to an alternative 4/10 or 4/40
work schedule; and
Commissioners Minutes Continued. June 12, 2008
437
WHEREAS Oakland County Merit Rule 2, Section 2.10.1.2 and Merit Rule 15, Section 15.1.2.1.1
authorizes the County Executive and Board of Commissioners to adopt alternative work schedules where
prudent; and
WHEREAS the County Executive seeks Board of Commissioner authorization to establish pilot programs
implementing a 4/40 work week throughout the departments and divisions reporting to the County
Executive and in such other county work force areas to enhance customer service as may be prudent and
approved by the elected officials responsible for the management of those areas.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acting pursuant
to Merit Rule 2, Section 2.10.1.2 and Merit Rule 15, Section 15.1.2.1.1, authorizes the County Executive
through the Human Resources Department to establish and approve pilot programs implementing a 4/40
work week throughout the Departments and Divisions reporting to the County Executive and to establish
and approve 4/40 work schedules in such other county work force areas as may be desired and approved
by the elected officials responsible for the management of those areas.
BE IT FURTHER RESOLVED that in establishing an alternative work schedule the County Executive and
other elected official shall insure that any county operation directly providing service to the public is open
from 8:30 am to 5:00 pm, Monday through Friday.
BE IT FURTHER RESOLVED that any costs associated with implementing a 4/40 work schedule shall be
absorbed within the existing budget appropriation of the department or division implementing the 4/40
work schedule.
BE IT FURTHER RESOLVED that all relevant provisions of any collective bargaining agreement currently
in force, Merit Rules, Federal and State laws governing hours of work and payment of wages shall be
followed.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Moved by Middleton supported by Scott the resolution be adopted.
Discussion followed.
Nancy Scarlet, Director of Human Resources, addressed the Board and answered questions.
Vote on resolution:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson, Gingell. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08119
By: Personnel Committee, Thomas Middleton, Chairperson
IN RE: MERIT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Article XI, Section 6 of the Constitution of the State of Michigan provides that a Michigan
County may establish, modify or discontinue a merit system for its employees by ordinance or resolution
of its governing body, which shall not take effect until approved by a majority of the electors voting
thereon; and
WHEREAS the Board of Supervisors established a merit system for the County’s employees on a trial
basis with the adoption of Miscellaneous Resolution #4551 on April 12, 1966; and
WHEREAS on September 19, 1966, Resolution #4606 was adopted and provided a very workable basis
for a merit system; and
WHEREAS the County wishes to utilize the benefits of a merit system in the recruitment and retention of
quality employees, in the assurance of continuity of good governmental administration and in the
assurance that the selection, pay and treatment on employees is based on merit; and
Commissioners Minutes Continued. June 12, 2008
438
WHEREAS the County employee population has increased from 1,045 full time eligible employees (in
1966) to approximately 3,700 full time eligible employees today; and
WHEREAS over the last 42 years Oakland County government has experienced a considerable amount
of changes which include moving from a Board of Supervisors form of government to a County Executive,
updates and changes in employment laws, and advancements in technology; and
WHEREAS the changes in employee population and other legal and technological advancements as
described above has made it necessary to modify the Merit System Resolution; and
WHEREAS the following modifications in this resolution are indicated by strikeout and bold print; and
NOW THEREFORE BE IT RESOLVED that these modifications to the Merit System covering the
Employees of the County of Oakland be established and made effective when approved by a majority of
the electors of the County.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends that the proposed changes
be placed on the November 2008 election ballot.
BE IT FURTHER RESOLVED that the County Clerk is directed to do all things necessary for the placing of
this question on the ballot as required by law.
I. The selection, pay, advancement and treatment of County employees shall be based solely on
merit without reference to their political affiliation, religious beliefs, racial origin or sex in
accordance with Federal and State Laws.
II. This resolution applies in its entirety to all employees paid by the County of Oakland, except:
A. The employees of the Oakland County Road Commission; and
B. No provisions covering the manner of selection, appointment, removal from office or
limitation of political activity shall apply to:
1. Officers elected by popular vote, and persons appointed to fill vacancies in such
offices.
2. Officers and employees for whom the Constitution specifically directs the manner
of appointment.
3. Members of Boards and Commissions, officers and employees specifically
required by law to be appointees of the Board of Commissioners, the Governor
or other non-county officials or official bodies.
4. One deputy or assistant to each of the elective offices, who in case of a vacancy
in the elective office or inability of such elective officer to perform their duties,
would be entitled to perform the duties of the office, until a vacancy is filled or the
inability removed.
5. The attorneys and investigators employed by the Prosecuting Attorney’s Office.
6. The Judicial Secretaries to the Circuit Court and Probate Judges.
7. Those serving in temporary or part-time County positions.
The Personnel Committee shall have final determination as to who shall be covered within the
intent of this resolution.
III. The Merit System shall be administered by a Personnel Committee or its successor committee
pursuant to any future reorganization of the Board of Commissioners, made up of members of the
Board of Commissioners, to be appointed pursuant to the rules of the Board of Commissioners.
The Personnel Committee shall meet at such times and places as its Chairperson shall designate
in accordance with the rules of the Board of Commissioners.
IV. The duties and responsibilities of the Personnel Committee shall be as set forth in the rules of the
Board of Commissioners and in addition shall include the preparation and enforcement of specific
rules and regulations to carry out the provisions and intent of this resolution and recommending to
the Board of Commissioners on the provisions of all employee fringe benefit programs.
A. Copies of the rules and regulations developed by the Personnel Committee and all future
changes in such rules and regulations shall be submitted to the Board of Commissioners
at a regular meeting of the Board of Commissioners and shall become effective thirty
days after such meeting unless objection is received in writing by the Chairperson of the
Board of Commissioners, in which case the objection shall become a matter of business
at the next meeting of the Board of Commissioners.
V. The policies, rules and programs of the Personnel Committee shall be administered by the County
Executive, whose Director of Human Resources shall be the Executive Secretary to the
Personnel Committee.
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439
VI. The Merit System shall provide:
A. The continued maintenance of a formal classification plan and salary schedule with the
Personnel Committee being the final County appeal body on classification matters.
B. That all County positions shall be filled by the selection of all County employees on the
basis of merit as measured by competitive examinations under rules and regulations
promulgated by the Personnel Committee, except:
1. Those positions specifically exempted by the provisions of these policies, and
2. Incumbent County employees shall not be required to take competitive
examinations for the classifications they hold as of the effective date of this
resolution and shall be given regular status in such classifications, and
3. Positions may also be filled by the transfer, promotions or re-employment of an
employee with regular status in County service provided the employee meets at
least the minimum qualifications shown in the latest written specifications of the
classification of the new positions, and
a. While not compulsory, department heads having a vacancy to be filled by
promotion may request that a promotional examination be held, in which case
the department head shall be required to make a selection for promotion, to
each vacancy in that classification, from the top five inclusive of tied scores or
top band/group if banding/grouping of scores is used, who passed the
examination.
4. If it is necessary to fill a position before a competitive examination can be held, a
person who meets the minimum qualifications for the classification can receive one
non-renewable provisional appointment for a period of not more than six months.
C. That open competitive examinations shall be open to all persons who meet the minimum
qualifications for the classification as defined in the latest approved written specification.
1. Applications to take an open competitive examination may be rejected if the
applicant fails to meet the minimum qualifications for the classification; if the
application was not received, postmarked or electronically submitted with
confirmation by the announced closing date for filing applications; if the applicant
has a documented record of previous unsatisfactory service in County employment
or elsewhere, of such nature as to demonstrate unsuitability for employment in a
position of the classification for which the applicant is applying; or if the applicant
has been found guilty of a felony, a crime of moral turpitude or has received a
dishonorable discharge from the armed forces of the United States. (The
application of this section to be tempered by the nature of the crime, the applicant’s
subsequent rehabilitation and the type of position applied for.)
D. That examinations shall be conducted and scored in an objective manner and may be
made up of written tests or oral tests or performance tests or personality evaluations or
physical ability tests, or involve a rating of past experience and training or be made up of
a combination of such tests.
E. That examinations shall be publicly announced at least seven calendar days in advance
of the last date for submitting applications by means of an announcement posted on the
official bulletin board in the County’s Human Resources Office, and other forms of media
(to provide adequate notice to the public) deemed appropriate by the Human Resources
Director.
F. That written notification shall be sent to each qualified applicant at least five calendar
days in advance of the examination, notifying the applicant of the time and place of the
examination.
1. Rejected applicants shall be notified at the same time, giving the reasons for their
rejection.
2. Rejected applicants shall have the right to first review their application with
Human Resources and, if not satisfied, to appeal the rejection to the Personnel
Committee which shall have the power to reverse, modify or affirm Human
Resources’ action.
G. That all candidates shall be sent written notification of their examination scores and
successful candidates shall be given their ranking on the eligible list.
Commissioners Minutes Continued. June 12, 2008
440
1. All candidates shall have the right to first review their examination results with
Human Resources and, if not satisfied, to appeal the examination results to the
Personnel Committee which shall have the power to reverse, modify or affirm
Human Resources’ action.
H. That in the filling of a vacancy, County Department Heads shall have their choice of the
top five inclusive of tied scores or top band/group if banding/grouping of scores is used,
on the eligible list for the classification of the vacancy.
1. Eligible lists shall remain in effect for six months unless exhausted, superseded
by a new eligible list for that classification or extended for another six months by
the Personnel Committee.
I. That all County employees, except those exempted by the provisions of these policies
shall be required to successfully complete a probationary period of six months before
competitive appointments, or promotions shall be considered complete; at which time
they will be deemed to have regular status in their classification.
J. That employees with regular status shall not be separated from the County service or
demoted except for cause, or for reasons of curtailment of work or lack of funds.
K. That a formal appeal procedure be maintained giving employees with regular status the
right to appeal dismissals, suspensions, demotions and disciplinary actions to a
Personnel Appeal Board which shall act as the final County appeal body in matters of
dismissals, suspensions, demotions and disciplinary actions involving covered County
employees and departments and whose decisions shall be binding on such employees
and departments.
The Appeal Board shall be made up of six members; two members selected by the
County’s employees in the same manner in which employee members of the Oakland
County Employees’ Retirement Commission are elected; two, Members of the Board of
Commissioners appointed by the Chairperson of the Board of Commissioners with the
approval of the Board of Commissioners; and the fifth and sixth Members at Large to be
selected by a majority vote by the other members. Personnel Appeal Board hearings will
be conducted by three members, comprised of one Board of Commissioner member; one
employee elected member; and one Member at Large.
1. If the four members of the Personnel Appeal Board are unable to select the fifth
and/or sixth member(s) within thirty (30) calendar days after their appointment,
they shall so notify the Oakland County Circuit Court Bench which shall appoint
the fifth and/or sixth member(s) to the Personnel Appeal Board within fifteen (15)
calendar days.
The members of the Personnel Appeal Board shall be selected for one year
terms beginning January 1 of each year. Personnel Appeal Board Members shall
receive per diem and mileage as established by the Board of Commissioners.
No member of the Personnel Appeal Board shall have been a County employee
within one year prior to the date of appointment to this Board.
The appeal procedure shall provide for the scheduling of a hearing within a
reasonable length of time after the receipt of the appeal.
2. Recusal/Disqualification of Personnel Appeal Board Member.
a. Who May Raise. A party may raise the issue of a board member’s
disqualification by motion, or the Personnel Appeal Board member may
raise it.
b. Grounds. A board member is disqualified when the board member
cannot impartially hear a case, including but not limited to instances in
which:
1. The board member is personally biased or prejudiced for or against
one of the participating parties.
2. The board member has personal knowledge of disputed evidentiary
facts concerning the proceeding.
3. The board member has been consulted or employed as attorney or
an advocate in the matter in controversy.
Commissioners Minutes Continued. June 12, 2008
441
4. The board member was a partner of a party, attorney or other
advocate for a party, or a member of a law firm representing a party
within the preceding two years.
5. The board member knows that he or she, individually or as a
fiduciary, or the board member’s spouse, parent or child wherever
residing, or any other member of the board member’s family residing
in the board member’s household, has an economic interest in the
subject matter in controversy or in a party to the proceeding or has
any other more than de minims interest that could be substantially
affected by the proceeding.
6. The board member or the board member’s spouse, or a person
within the third degree of relationship to either of them, or the spouse
of such a person:
a. is a party to the proceeding, or an officer, director or trustee of a
party;
b. is acting as a lawyer or advocate in the proceeding;
c. is known by the board member to have a more than de minims
interest that could be substantially affected by the proceeding;
d. is to the board member’s knowledge likely to be a material
witness in the proceeding.
c. Procedure.
1. Time for Filing. To avoid delaying proceedings and inconveniencing
the witnesses, a request to disqualify must be filed in writing within
14 days after the moving party discovers the ground for
disqualification. If the discovery is made within 14 days of the
hearing date, the request must be made forthwith. If a request is not
timely filed, untimeliness, including delay in a scheduled hearing, is a
factor in deciding whether the request should be granted.
2. All Grounds to be Included; Affidavit. In any request under this rule,
the moving party must include all grounds for disqualification that are
known at the time the request is filed. An affidavit must accompany
the motion.
3. Ruling. The challenged board member shall decide the motion. If the
challenged board member denies the motion, on the request of a
party, the challenged member shall refer the motion to the three
member panel, who shall decide the request de novo;
4. Motion Granted. When a board member is disqualified, the action
must be assigned to Personnel Appeal Board Member having the
same representative status (employee, commissioner neutral). If one
is not available, the Chief Judge of the Circuit Court shall assign a
person to act as a board member for that appeal.
d. Remittal of Disqualification. If it appears that there may be grounds for
disqualification, the board member may ask the parties and their
advocates to consider, out of the presence of the board member,
whether to waive disqualification. If, following disclosure of any basis for
disqualification other than personal bias or prejudice concerning a party,
the parties without participation by the board member, all agree that the
board member should not be disqualified, and the board member is then
willing to participate, the board member may participate in the
proceedings. The agreement shall be in writing or placed on the record.
L. That the political activities of covered County employees be limited to those allowed
under rules and regulations promulgated by the Personnel Committee.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Moved by Middleton supported by Scott the resolution be adopted.
Commissioners Minutes Continued. June 12, 2008
442
Moved by Hatchett supported by Greimel the resolution be amended under Section V, K, second
paragraph of the Merit Rules as follows:
“The Appeal Board shall be made up of six members; two members selected by the County’s
employees in the same manner in which employee members of the Oakland County Employees’
Retirement Commission are elected; two members, one from the majority party and one from
the minority party, of the Board of Commissioners, appointed by the Chairperson of the Board
of Commissioners with the approval of the Board of Commissioners.”
Discussion followed.
Vote on amendment:
AYES: Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack, Burns, Coulter,
Gershenson. (10)
NAYS: Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford,
Douglas, Gingell, Gosselin. (13)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioner Sue Ann Douglas set three public hearings for July 17, 2008 Board meeting. The first one
is set for 9:35 a.m. regarding Waste Resource Management Unit – Resolution Approving the Provisions
of a Brownfield Plan for the Commerce Beaumont Project located in the Charter Township of Commerce.
The second is set for 9:37 a.m. regarding Waste Resource Management Unit – Resolution Approving the
Provisions of a Brownfield Plan for the PM Environmental Project located in the City of Berkley. The third
is set for 9:40 a.m. regarding Waste Resource Management Unit – Resolution Approving the Provisions
of a Brownfield Plan for SES Berkley Project located in the City of Berkley.
MISCELLANEOUS RESOLUTION #08120
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (NATIONAL SHRINE OF THE
LITTLE FLOWER PROJECT) - CITY OF ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project
(National Shrine of the Little Flower Project) and has designated to this Board of Commissioners a Project
Area and Project District Area for its approval.
Commissioners Minutes Continued. June 12, 2008
443
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of National Shrine of the Little Flower, City of Royal Oak, EDC No. 08-03 Project on file in the
County Clerk’s office.
Moved by Douglas supported by Woodward the resolution be adopted.
Discussion followed.
Moved by Greimel supported by Coulter the resolution be postponed until the July 17, 2008, Board
meeting.
Discussion followed.
Vote on motion to postpone:
AYES: Hatchett, Nash, Spector, Woodward, Zack, Burns, Coulter, Gershenson, Gregory,
Greimel. (10)
NAYS: Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford,
Douglas, Gingell, Gosselin. (13)
A sufficient majority not having voted in favor, the motion to postpone the resolution failed.
Discussion followed.
Vote on resolution:
AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Woodward,
Bullard, Burns, Coulter, Crawford, Douglas, Gingell, Gosselin. (17)
NAYS: Spector, Zack, Gershenson, Gregory, Greimel, Hatchett. (6)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08121
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (THREE M TOOL AND MACHINE, INC. PROJECT) - CITY OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland (the "EDC") has
recommended that the Board of Commissioners approve the Project Plan required by the Economic
Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented
to this meeting (the "Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its
determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that
Commissioners Minutes Continued. June 12, 2008
444
the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of
credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and
WHEREAS the governing body of the City of Wixom, Oakland County, Michigan, has also approved the
Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan
constitutes a public purpose as contemplated by the Act; and
WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan,
hereby certifies, approves and concurs in the determinations of the EDC with respect thereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
determines that the Project Plan constitutes a public purpose as contemplated by the Act.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and
approves the Project Plan.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to
implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as
contemplated by the Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Project Plan on file in County Clerk’s office.
Moved by Douglas supported by Potter the resolution be adopted.
Vote on resolution:
AYES: Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack,
Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Commissioner Jeff Potter set a Public Hearing for the July 17, 2008 Board meeting. The hearing is set
for 9:43 a.m. regarding the Edward Brynes Memorial Justice Assistance Grant/Intergovernmental
Agreements.
MISCELLANEOUS RESOLUTION #08122
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY COURT APPOINTED ATTORNEY’S
ANNUAL SALARY INCREASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this body recognizes, pursuant to the Michigan Constitution of 1963, in Article I, Section 20,
that an indigent person, charged with a crime is, “ to have the assistance of counsel, for his or her
defense” and “ to have such reasonable assistance as may be necessary to perfect and prosecute an
appeal”; and
WHEREAS from 2000 through 2007, there has been a 0.0% fee increase for Oakland County court
appointed attorneys; and
WHEREAS the Oakland County Board of Commissioners are committed to promoting fair and equal
justice on behalf of the indigent defendant, respondent, minor and incapacitated person.
NOW THEREFORE BE IT RESOLVED that the annual general salary increase for Oakland County
Circuit Court and Family Court appointed attorneys match the general salary increase of Oakland County
employees, effective as of the adoption of this resolution.
Chairperson, we move the adoption of the foregoing resolution.
Commissioners Minutes Continued. June 12, 2008
445
DAVID WOODWARD, TIM GREIMEL, HELAINE
ZACK, DAVID COULTER, JIM NASH, KAREN
SPECTOR, MARCIA GERSHENSON,
VINCENT GREGORY, DAVID POTTS, TIM
BURNS, MATTIE HATCHETT
The Chairperson referred the resolution to the Public Services Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08123
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY JOINS SIERRA CLUB COOL
COUNTIES INITIATIVE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there is a consensus among the world's leading scientists that global warming caused by
human emission of greenhouse gases is among the most significant problems facing the world today; and
WHEREAS documented impacts of global warming include but are not limited to increased occurrences
of extreme weather events (i.e., droughts and floods), adverse impacts on plants and wildlife habitats,
threats to global food and water supplies – all of which have an economic impact on communities and
their local governments; and
WHEREAS leading scientists have projected that stabilization of climate change in time to minimize such
impacts will require a reduction of global warming emissions to 80 percent below current levels by the
year 2050; and
WHEREAS currently the United States is responsible for producing approximately 25 percent of the
world’s global warming pollutants; and
WHEREAS many leading U.S. companies that have adopted greenhouse gas reduction programs to
demonstrate corporate and operational responsibility have also publicly expressed preference for the
federal government to adopt precise and mandatory emissions targets and timetables as a means by
which to provide a uniform and predictable regulatory environment to encourage and enable necessary
and long-term business investments; and
WHEREAS state, regional and local governments throughout the United States are adopting emissions
reduction targets and programs, and this effort is bipartisan, coming from Republican and Democratic
leadership; and
WHEREAS the U.S. Conference of Mayors has endorsed the U.S. Mayors Climate Protection Agreement,
which commits cities to reduction of global warming emissions to 7 percent below 1990 levels by 2012,
and calls for a federal limit on emissions; and
WHEREAS more than 100 county leaders signed a letter written by Dane County, Wisconsin, that was
sent to the President in March 2006, calling for increased energy investment and development of jobs
focused on clean energy technologies; and
WHEREAS counties have a unique role to play in reducing greenhouse gas emissions and preparing for
the impacts of climate change through their regional jurisdiction over policy areas such as air quality, land
use planning, transportation, zoning, water conservation, and wastewater and solid waste management;
and
WHEREAS the economic arguments for implementing climate solutions are compelling, from the near-
term economic gains of energy efficiency to the long-term climate stabilization that can prevent
irreparable harm from catastrophic climate change impacts; and
WHEREAS many counties throughout the nation, both large and small, are reducing global warming
pollutants through programs that provide economic and quality of life benefits such as reducing energy
bills, preserving green space, implementing better land use policies, improving air quality, promoting
waste-to-energy programs, expanding transportation and work choices to reduce traffic congestion, and
fostering more economic development and job creation through energy conservation and new
technologies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herby joins the
Sierra Club’s Cool Counties Campaign.
Commissioners Minutes Continued. June 12, 2008
446
BE IT FURTHER RESOLVED that Oakland County will take immediate steps to help the federal, state,
and our governments within our county to achieve the 2050 climate stabilization goal by making the
following commitments:
i. Create an inventory of our county government (operational) greenhouse gas (“GHG”)
emissions and implement policies, programs and operations to achieve significant,
measurable and sustainable reduction of those operational GHG emissions to help contribute
to the regional reduction targets as identified in paragraph ii;
ii. Work closely with local, state, and federal governments and other leaders to reduce county
geographical GHG emissions to 80 percent below current levels by 2050, by developing a
GHG emissions inventory and regional plan that establishes short-,
mid-, and long-term GHG reduction targets, with recommended goals to stop increasing
emissions by 2010, and to achieve a 10 percent reduction every five years thereafter through
to 2050; and
iii. Urge Congress and the Administration to enact a multi-sector national program of
requirements, market-based limits, and incentives for reducing GHG emissions to 80 percent
below current levels by 2050.
BE IT FURTHER RESOLVED that Oakland County will take immediate steps to identify regional climate
change impacts and will draft and implement a county plan to prepare for and build resilience to those
impacts.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Sierra Club’s National Headquarters, Sierra Club’s Michigan office, Sierra
Club’s Oakland County Chapter, and the Michigan Association of Counties.
Chairperson, we move the adoption of the foregoing Resolution.
DAVID WOODWARD, TIM GREIMEL, HELAINE
ZACK, JIM NASH, DAVID COULTER, MATTIE
HATCHETT, KAREN SPECTOR, MARCIA
GERSHENSON, VINCENT GREGORY, TIM
BURNS
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08124
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – CREATION OF GREENHOUSE GAS REDUCTION TASK
FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there is increasing scientific evidence that greenhouse gases released into the atmosphere
are currently influencing climate change and will continue to have profound and potentially devastating
local effects, including the increased risk of extreme weather events, increased flood severity, changes in
rainfall and crop productivity patterns, and increased risk of drought; and
WHEREAS reducing the magnitude of climate change may reduce its harmful effects on public health and
safety by decreasing the impacts of severe weather and reducing harmful emissions; and
WHEREAS technologies to reduce greenhouse gases will also contribute to economic vitality of the
county through the development and use of clean technologies and the creation of “Green-Collar” jobs;
and
WHEREAS the Oakland County Board of Commissioners believes that responses to problems like global
warming cannot rely solely upon sweeping national initiatives, but that by taking a leadership role in
increasing energy efficiency and reducing greenhouse gas emissions within our own community we may
contribute to a larger collective transformation.
NOW THEREFORE BE IT RESOLVED, the Oakland County Board of Commissioners hereby establish a
task force on Greenhouse Gas Reduction, consisting of representatives from government, business,
education and environmental community; and
BE IT FURTHER RESOLVED that the “Oakland County Greenhouse Gas Reduction Task Force” shall
consist of at least the following:
Commissioners Minutes Continued. June 12, 2008
447
• A county commissioner from the Majority Caucus to serve as Co-Chair
• A county commissioner from the Minority Caucus to serve as Co-Chair
BE IT FURTHER RESOLVED that the two Co-Chairs will agree on the following additional Task Force
members:
• 3 local elected officials among Oakland County’s CVTs
• 3 representatives from environmental organizations
• 3 representatives from the business community
• 3 representatives from the education community; and
BE IT FURTHER RESOLVED that the two Co-Chairs in agreement may add Task Force members as
needed to execute task.
BE IT FURTHER RESOLVED that this task force develop an action plan and strategies for greenhouse
gas reduction, and present to the Oakland County Commissioners with recommendations for
implementing a comprehensive strategy for greenhouse gas reduction in Oakland County.
BE IT FURTHER RESOLVED that with staff support, the Oakland County Greenhouse Gas Reduction
Task Force shall present a written report summarizing its conclusions and recommendations by
December 31, 2008.
BE IT FURTHER RESOLVED that the Oakland County Greenhouse Gas Reduction Task Force shall
cease to exist after December 31, 2008.
Chairperson, we move adoption of the foregoing resolution.
DAVID WOODWARD, HELAINE ZACK, DAVID
COULTER, JIM NASH, KAREN SPECTOR,
MARCIA GERSHENSON, TIM GREIMEL,
MATTIE HATCHETT
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08125
BY: Commissioner Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – MICHIGAN’S STRUCTURAL DEFICIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Citizens Research Council (CRC) of Michigan projects that the State of Michigan is facing
a budget challenge that is projected to grow at an inexorable rate through Fiscal Year 2017; and
WHEREAS structural deficits are created when the costs of maintaining programs and policies increase
faster than revenues. The cause for the increase is identified as being the fact that “virtually every area of
the State budget faces spending pressure increases that outpace projected revenue growth”; and
WHEREAS the CRC points out that Michigan’s fiscal future is dismal unless the State’s leaders make
substantial policy changes and address projected structural deficits of $6 billion in Michigan’s General
Fund, $3.6 billion in K-12 School Aid Fund; and $417 million in the Highway Transportation Fund; and
WHEREAS the growing “gaps” between the State’s projected revenues and spending are in conflict with
the provisions in the Michigan Constitution that require the Governor and Legislature to take annual
actions to keep spending in line with current revenues; and
WHEREAS although the State of Michigan has technically met the legal requirement of adopting a
balanced budget each year since Fiscal Year 2001, this has been accomplished by depleting reserves
and using non-recurring resources; and
WHEREAS the larger budgetary issue of addressing the structural deficits has remained largely
unaddressed; and
WHEREAS the State of Michigan’s escalating budget deficits will have a negative effect on the state’s
and local municipalities’ credit rating and will have a devastating impact on Oakland County and other
units of government which receive or are scheduled to receive revenue sharing and grants from the state.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges
Governor Granholm and Michigan’s legislators to make the policy changes necessary to address the
State’s structural budget deficits, in order to restore long-term balance to the State of Michigan’s budget
and economy.
Commissioners Minutes Continued. June 12, 2008
448
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Granholm, Oakland County’s cities, villages and townships, Oakland
County’s delegation to the Michigan House and Senate, and the leaders of the Michigan House and
Senate.
Chairperson, we move the adoption of the foregoing resolution.
SUE ANN DOUGLAS, BRADFORD
JACOBSEN, ROBERT GOSSELIN, EILEEN
KOWALL, MIKE ROGERS, TOM MIDDLETON,
BILL BULLARD, JOHN SCOTT, HUGH
CRAWFORD, JEFF POTTER, DAVID POTTS,
CHRISTINE LONG, MICHAEL GINGELL, TIM
GREIMEL, DAVID COULTER, DAVID
WOODWARD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 11:18 a.m. to the call of the Chair or July 8, 2008, at 7:00 p.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson