HomeMy WebLinkAboutMinutes - 2008.07.31 - 8461607
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
July 31, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack. (24)
EXCUSED ABSENCE WITH NOTICE: Suarez. (1)
Quorum present.
Invocation given by Tim Greimel.
Pledge of Allegiance to the Flag.
Moved by Crawford supported by Zack the minutes of the July 17, 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 amended as follows:
ITEMS ON BOARD AGENDA
GENERAL GOVERNMENT COMMITTEE
e. Miscellaneous Resolution #08137 – The Oakland County Parks and Recreation Commission
and the Department of Facilities Management – Request to Grant Easement for Overhead
Electric Service to the Detroit Edison Company – Highland Oaks County Park
(Reason for Suspension of General Government Committee, item e.: Waiver of Rule 11-D(1) – Facilities
Management Department Handles all Easements; therefore, Planning and Building Committee is Liaison
Committee, not General Government Committee.)
Vote on Agenda, as amended:
AYES: Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Commissioners Minutes Continued. July 31, 2008
608
Deputy County Clerk James H. VanLeuven stated there were no written communications.
Commissioner Mattie Hatchett acknowledged State Representative – District 29 Tim Melton who was in
attendance.
Chairperson Bill Bullard, Jr., together with Commissioners Mattie Hatchett and Tim Greimel, along with
the entire Board of Commissioners presented a proclamation to James Bell for demonstrating great
courage, bravery, and maturity during a life-threatening situation, and to wish him the very best in future
endeavors.
James Bell addressed the Board.
Chairperson Bill Bullard, Jr. together with Commissioners Tim Greimel and Mattie Hatchett, along with the
entire Board of Commissioners presented a proclamation to Jack Bressler in recognition of his
contributions to both his former comrades in arms and the entire Oakland County Community.
Jack Bressler addressed the Board.
Commissioner Eric Coleman, immediate past president of NACO, gave a presentation on the National
Association of Counties. Commissioner Coleman presented Sheryl Mitchell with a plaque for his
appreciation for her leadership and commitment as Chief of Staff while he was President of NACO.
Commissioner Mattie Hatchett acknowledged James Bell’s mother.
Commissioner Mike Rogers publicly thanked Commissioner Eric Coleman for the opportunity and
experience he received being Vice Chairperson of the Transportation Committee.
No one addressed the Board for public comment.
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 660.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*REPORT (MISC. #08125)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – MICHIGAN’S STRUCTURAL DEFICIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on July 21, 2008,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
Commissioners Minutes Continued. July 31, 2008
609
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.
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 vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08134
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – E-COMMERCE AGREEMENT WITH
INTERESTED LOCAL CITIES, VILLAGES AND TOWNSHIPS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the
Board of Commissioners in Miscellaneous Resolution #97165 dated August 14, 1997, adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS the Oakland County Board of Commissioners approved a revised @ccess Oakland Master
Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003, which included a pricing
schedule for all Oakland County enhanced access products and services as part of the strategic rollout of
a comprehensive eGovernment program; and
WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master
Fee Structure in Miscellaneous Resolution #07121 dated May 10, 2007, which expanded the Master Fee
Structure to include an electronic check fee; and
WHEREAS the Oakland County Department of Information Technology has implemented an “E-
Commerce” system that offers constituents who wish to purchase products and services from Oakland
County the convenience of using a credit card or electronic check for the payment of such products and
services via an Internet website or Interactive Voice Response Unit (IVR); and
WHEREAS the Department of Information Technology can make the “E-Commerce” system available to
all County Municipalities to offer constituents the convenience of using a credit card or electronic check
Commissioners Minutes Continued. July 31, 2008
610
for the payment of Municipal products and services via an Internet website or Interactive Voice Response
Unit (IVR); and
WHEREAS the state law allows the County to provide such services in conjunction with a Municipality
pursuant to an agreement between the County and the Municipality; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
WHEREAS Municipalities have expressed an interest in entering into such an agreement with the County
to use the County’s “E-Commerce” system; and
WHEREAS this agreement will allow nineteen Municipalities to continue use of the County’s
PayLocalTaxes.com website and expand the use of the County’s “E-Commerce” system to other
Municipal services.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into the attached E-COMMERCE SERVICES AGREEMENT with interested Oakland
County Municipalities.
BE IT FURTHER RESOLVED that upon receipt of an executed E-COMMERCE SERVICES
AGREEMENT and all other required assurances and documentation from any Oakland County
Municipality, the Board of Commissioner’s Chairperson is authorized to sign and finalize this Agreement
with the Municipality on behalf of the County.
BE IT FURTHER RESOLVED that upon receipt of an executed Agreement from any Oakland County
Municipality, along with the appropriate certified resolution from the Municipality’s governing body, and
any other Municipality assurances and documentation required in the Agreement, the Oakland County
Clerk shall obtain the Board of Commissioner’s Chairperson signature on the Agreement, shall file a copy
of this fully executed Agreement in the official Oakland County Board of Commissioner records
maintained in his Office, and shall also forward a copy of this fully executed Agreement to the Secretary
of State as required by law.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
E-COMMERCE SERVICES AGREEMENT
This E-COMMERCE SERVICES AGREEMENT, (hereafter, this "Contract") is made and entered into
between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the
________________________________________________, a Michigan Constitutional and Municipal
Corporation, whose address is: ___________________________________________, Michigan
__________ (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 County has developed an “E-Commerce” System that permits the use of credit cards and
electronic checks, via the Internet, for payment of the charges for products and services.
B. The Municipality has requested the County's Information Technology Department assistance in
performing the “Information Technology Department Assistance Services" (hereafter
“Services”)(as described and defined in this Contract) and has agreed in return to reimburse the
County as provided for in this Contract.
C. The County has determined that it has sufficient "Information Technology Department Personnel,"
as defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested “Information Technology Department
Assistance Services" under the terms and conditions of this Contract.
D. The purpose of this Contract is to enable the Municipality to utilize the “E-Commerce” System,
that the County has developed, to assist the Municipality in the collection of fees for products and
services via credit card and/or electronic check.
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
Commissioners Minutes Continued. July 31, 2008
611
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. “Information Technology Department 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 Information Technology Department
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 Information Technology Department Personnel, but any
reference in this contract to Information Technology Department 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 Information Technology Department.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any E-Commerce Customer 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. “E-Commerce Customer” shall be defined as any and all persons or entities, who pay or
attempt to pay by credit card or electronic check via the Internet or the County’s
Interactive Voice Response Unit for products or services, offered by the Municipality.
§2. COUNTY INFORMATION TECHNOLOGY DEPARTMENT SERVICES The Parties agree that the
full and complete scope of any and all County Information Technology Department Assistance
Commissioners Minutes Continued. July 31, 2008
612
Services shall be as described and limited in the following subsections (hereinafter defined and
referred to as either “Information Technology Department Assistance Services” or "Services”).
2.1. “INFORMATION TECHNOLOGY DEPARTMENT ASSISTANCE SERVICES” OR
“SERVICES” TO BE PROVIDED "Information Technology Department 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 provide, host and maintain a “E-Commerce” System and its
connection to the Internet where ”E-Commerce” Customers can pay for taxes,
licenses, permits and fees by means of a credit card or electronic check, utilizing
the Internet. For purposes of illustration, these include, but are not limited to,
property taxes, building permits, water bills and class registrations. This
includes ensuring that any data stored or transmitted is accurate, complete and
securely collected.
2.1.2. The County will provide, host and maintain an Interactive Voice Response Unit
and its connection to the “E-Commerce” System where E-Commerce Customers
can pay for products and services as identified in this Contract by means of a
credit card or electronic check utilizing a telephone. This includes ensuring that
any data stored or transmitted is accurate, complete and securely collected.
2.1.3. When tax payments are made to the Municipality that utilizes the County’s “E-
Commerce” Service and the County’s tax receivable system, the County will
post the payment without the need for the Municipality to enter the data
separately.
2.1.4. When payments are made to the Municipality that utilizes the County’s “E-
Commerce” Service for products or services that require updates to
computerized systems maintained by the County, the County will post the
payment without the need for the Municipality to enter the data separately
2.1.5. The County shall perform all maintenance and/or troubleshooting necessary to
maintain the “E-Commerce” System.
2.1.6. The County shall maintain and support at no cost to the Municipality all
transmission services and Internet service provider services necessary to
maintain the System and allow the processing of fees for products and services
as identified and itemized in this Contract .
2.1.7. The County shall provide all technical support with respect to ”E-Commerce”
Customer questions regarding the payment procedure. However, the County
shall not be responsible for answering any questions regarding the amount of
payment due or owing, but shall refer all such questions directly to the
Municipality.
2.1.8. The County will provide the Municipality with access to a Website, password
protected, where the Municipality can issue ”E-Commerce” Customer credits as
may be required and view daily, weekly, and monthly transaction activity of
payments processed through the County’s “E-Commerce” System. Note: The
customer Website shall also be a secure Website with all customer data
collected, stored and transmitted in a secure manner.
2.1.9. The County shall provide all reasonable and necessary technology to ensure
that customer data is protected and secured in accord with its contractual
obligations and reasonable business standards and practices. The County shall
be responsible for the cost of the various software licenses required to carry out
the terms of this contract.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Information Technology Department 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 pursuant to any applicable Federal or State Laws and Local Ordinances.
Commissioners Minutes Continued. July 31, 2008
613
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "
Information Technology Department 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 "Information Technology Department Personnel" as defined herein.
2.3.1. Information Technology Department 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 Information Technology Department Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Information Technology
Department 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
Information Technology Department 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 Information Technology Department 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 Information Technology Department Personnel and/or
the conduct and actions of any County Agent or any Information Technology
Department 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 Information Technology Department Personnel and/or pay any
and Information Technology Department 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 Information Technology
Department 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 Information
Technology Department Personnel, any necessary County Agent or
Commissioners Minutes Continued. July 31, 2008
614
Information Technology Department 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 Information Technology Department 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 Information
Technology Department 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 Information Technology Department 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 Information
Technology Department 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 Information
Technology Department Services duty or obligation under the terms of this
Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” The services provided by the
County under this Contract are limited to those services expressly provided for within this
Contract, under 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 Laws or
Local Ordinances. 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 legal obligation under any
applicable Federal or State Laws or Local Ordinances.
§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 continue until terminated or
cancelled as provided in Section §12 of this Contract. 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 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 Information Technology Department 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
Federal or State Law or Local Ordinance.
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 receipt or collection of payments 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 Federal or State Law or Local
Ordinance.
Commissioners Minutes Continued. July 31, 2008
615
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 Federal or State Laws or Local Ordinances. Nothing in this Contract shall
relieve the Municipality of any Municipality duty or obligation under any applicable
Federal or State Law or Local Ordinance.
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 Federal or State Law or Local Ordinance.
§5. NO DELEGATION OR WAIVER OF GOVERNMENTAL AUTHORITY OR IMMUNITY 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. 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
County Agents or Municipality Agents.
§6. FINANCIAL ARRANGEMENTS TO REIMBURSE THE COUNTY FOR THE “E-COMMERCE”
SERVICES
6.1. The Parties understand and agree that the in order to avail themselves of the
convenience of the “E-Commerce” Service, the ”E-Commerce” Customer shall be
required to agree to pay in addition to their credit card or electronic check payment for the
products and/or services specified in this Contract an additional “Convenience Fee.”
This “Convenience Fee” shall be added to the amount the ”E-Commerce” Customer is
remitting to the Municipality for payment for the products and/or services specified in this
Contract and shall be deposited along with any payment for said products and/or
services into the designated Municipality bank account.
6.2. The Parties understand and agree that the “Convenience Fee” for payment by credit card
or electronic check to be charged to any E-Commerce Customer utilizing the E-
Commerce” Services shall be in such an amount as either now established, by the
Oakland County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121,
Oakland County Board of Commissioner Minutes, May 24, 2007, p. 246) or as may be
hereafter revised by the Oakland County Board of Commissioners. For purposes of
illustration, only the current “Convenience Fee” for the payment by credit card for a
product or service in the amount of $200.00 is an additional $8.25. There is currently a
flat “Convenience Fee” of $2.50 for each payment by electronic check.
6.3. The Parties understand and agree that except as provided below, the Municipality shall
remit and repay to the County any and all moneys and amounts that have been received,
deposited, or transferred into any Municipality bank account as a “Convenience Fee” as
charged to or paid by any ”E-Commerce” Customer in conjunction with the use of the “E-
Commerce” Service.
6.3.1. From each and every “Convenience Fee” amount received by the Municipality in
conjunction with the use of the “E-Commerce” Service, and otherwise herein due
and payable to the County, the County will deduct the actual amount, which in no
event shall exceed the amount of the “Convenience Fee,” the Municipality was
charged as a “Merchant Service Fee” (currently approximately 1.8% of the total
of a credit card transaction amount charged by the ”E-Commerce” Customer) by
the Municipality’s third party “payment processing company” and will generate
and mail an invoice for the amount so calculated to the Municipality within 15
Commissioners Minutes Continued. July 31, 2008
616
days of the end of every quarter. Under this Contract the end of a quarter shall
be the last day of March, June, September, and December.
6.3.2. “Merchant Service Fees” are only those expenses actually incurred and paid by
the Municipality for the basic cost and expense of transferring ”E-Commerce”
Customers’ funds into the Municipality bank account and do not include any such
other costs or expenses that may be incurred by the Municipality in conjunction
with “E-Commerce” Services including but not limited to any fines, penalties,
interest, credit card “chargebacks” and/or any such other possible costs or
expenses incurred by the Municipality under its contract to the Municipality’s third
party “payment processing company”.
6.4. The Municipality will pay by check, payable to the County, or Electronic Fund Transfer to
the County each quarter for all amounts due and owing the County as described herein,
within thirty (30) calendar days following the actual receipt of every quarterly invoice.
6.5. 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.
6.6. 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 any 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.
6.7. 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.
6.8. 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
and/or “E-Commerce” Customer 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 Municipality, and/or any Municipality Agents, or any ”E-
Commerce” Customer 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.
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 Laws, Local Ordinances or any
Commissioners Minutes Continued. July 31, 2008
617
other economic benefit or harm that the Municipality may have realized, but for any
alleged breach, wrongful termination, default and/or cancellation of this Contract, or
damages beyond or in excess of the amount(s) of any amount paid to, received or
retained by the County at the time of the alleged breach or default in connection with or
under the terms of this Contract, whether such alleged breach or default is alleged in an
action in contract or tort and/or whether or not the Municipality has been advised of the
possibility of such damages. This provision and this Contract is intended by the Parties
to allocate the risks between the Parties, and the Parties agree that the allocation of each
Party's efforts, costs, and obligations under this Contract reflect this allocation of each
Party's risk and the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or E-Commerce
Customer, 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.
§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 Information Technology Department
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 Federal or State Laws or Local
Ordinances 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.
Commissioners Minutes Continued. July 31, 2008
618
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 understands that the current credit card processing services for the ”E-
Commerce” System are being handled through PayPal Inc. and Elavon, Inc. The
Municipality agrees that as a condition precedent to County performance of credit card
payment Services under this Contract that the Municipality shall establish and maintain
an agreement for credit card processing services with the entities currently providing
credit card processing services for the ”E-Commerce” System. Additionally, the
Municipality shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to the County, for the receipt of Municipality payments.
8.5. The Municipality understands that the current electronic check processing services for
the “E-Commerce” System are being handled through ACH Direct Inc. The Municipality
agrees that as a condition precedent to County performance of electronic check payment
Services under this Contract that the Municipality shall establish and maintain an
agreement for electronic check processing services with the entities currently providing
electronic check processing services for the “E-Commerce” System. Additionally, the
Municipality shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to the County, for the receipt of Municipality payments.
8.6. The Municipality understands and agrees that the County’s Services under this Contract
are possible, in part, because of services provided by PayPal Inc., Elavon Inc. and ACH
Direct, Inc. The Municipality agrees that neither it nor any Municipality Agent shall act or
fail to act, either directly or indirectly, in such a manner so as to cause any purported
breach in any term or condition in any agreement between the County and any third party
provider of any goods or services underlying the County’s ability to provide services
under this Contract.
8.7. In the event the County enters into an agreement for credit card or electronic check
payment processing services with entities other than those providing these services at
the time of the execution of this Contract, the Municipality agrees that as a condition
precedent to continued County performance of Services under this Contract that the
Municipality shall establish and maintain an agreement for payment processing services
with the entities providing those services for the “E-Commerce” System at that time. The
Municipality further agrees to provide the County with all necessary bank account and
routing numbers to give effect to this Contract.
§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. PRIORITIZATION OF COUNTY RESOURCES COUNTY 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
Commissioners Minutes Continued. July 31, 2008
619
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 sixty (60) 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 understands and agrees that the County’s ability to provide the Services
contemplated in this Contract depend upon current contractual relationships between the
County and third party software and credit card and electronic check processing
companies, and that if for any reason any such underlying third party contractual
relationships should terminate, that the County’s obligation to provide any Services under
this Contract shall also end, immediately, and notwithstanding any minimum notice
requirement contained in this Contract.
12.3. 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 resolution of the Oakland County Board of Commissioners and the Municipality
Governing Body. 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 Municipality Governing Body and shall also be filed with
the office of the Clerk of the County and the Clerk of the Municipality.
§14. CONTRACT AMENDMENTS 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. 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. Any modifications, amendments, recessions,
waivers or releases to this Contract must be in writing and agreed to by both Parties. The
modification, amendment, recession waiver or release shall be signed by an expressly authorized
Municipality Agent and by a County Agent authorized by the Oakland County Board of
Commissioners.
§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 ”E-Commerce”
Customer, any ”E-Commerce” Customer’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
Commissioners Minutes Continued. July 31, 2008
620
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or
requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. FORCE MAJEURE (Events Beyond The Parties’ Control) Notwithstanding any other term or
provision of this Contract, neither Party shall be liable to the other for any failure of performance
hereunder if such failure is due to any cause beyond the reasonable control of that Party and that
Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause
shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation,
direction, action, or request of the United States government or of any other government, national
emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor
difficulties, or the failure of any underlying contractual arrangement with any anticipated third-party
provider of goods, services, software, including any condition precedent necessary to implement
this Contract. Reasonable notice shall be given to the affected Party of any such event. The
Municipality is expected, through alternative temporary or emergency service arrangements, to
continue any Municipality obligations imposed by any applicable Federal or State Law or Local
Ordinance.
§21. 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, ______________________________________________________
hereby acknowledges that _____ is authorized 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: __________________
Municipality Chief Executive
WITNESSED:__________________________ DATE: __________________
Municipality Clerk
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Commissioners Minutes Continued. July 31, 2008
621
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
FISCAL NOTE (MISC. #08134)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – E-COMMERCE AGREEMENT WITH
INTERESTED LOCAL CITIES, VILLAGES AND TOWNSHIPS
To the Oakland County Board of Commissioners
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Department of Information Technology is requesting approval of an E-Commerce
Services agreement between Oakland County and interested County municipalities.
2. The E-Commerce system will offer constituents the convenience of using credit card or
electronic check for the payment of Municipal products and services via the Internet website
or Interactive Voice Response Unit.
3. Nineteen Municipalities continue use of the County’s PayLocalTaxes.com website and have
expressed interest in entering into such an agreement to expand the use of the County’s E-
Commerce system to other Municipal services.
4. The additional revenue generated from agreements is unknown at this time; however, the
County Executive Recommended Budget for Information Technology Fund Fiscal Year 2009
and Fiscal Year 2010 includes an increase in Access Oakland revenue due to anticipated
growth in the overall volume of on-line transactions.
5. No budget amendment is recommended at this time.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08135
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CLEMIS E-COMMERCE AGREEMENT
WITH INTERESTED COURTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the
Board of Commissioners in Miscellaneous Resolution #97165 dated August 14, 1997 adopted the
Oakland County Enhanced Access to Public Records Policy; and
WHEREAS each Michigan District Court pursuant to the laws of the State of Michigan (hereafter, the
"State"), including, but not limited to, the Revised Judicature Act of 1961 (MCL 600.101, et seq.) is
required to receive and collect fines, fees, and costs for civil infractions committed within its jurisdiction;
and
WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master
Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003 which included a pricing
schedule for the payment of tickets, tax receivables and delinquent taxes as part of the strategic rollout of
a comprehensive eGovernment program; and
WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master
Fee Structure in Miscellaneous Resolution #07121 dated May 10, 2007 which expanded the Master Fee
Structure to include an electronic check fee; and
WHEREAS the Department of Information Technology has developed an “E-Commerce” system which
the Department can make available to all District Courts to afford persons the convenience of utilizing an
internet based, credit card or electronic check payment option to pay fines, fees and costs for civil
infractions; and
WHEREAS the state law allows the County to provide such services in conjunction with a Court pursuant
to an agreement between the County and the Court; and
WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and
Commissioners Minutes Continued. July 31, 2008
622
WHEREAS District Courts have expressed an interest in entering into an agreement with the County to
use the County’s “E-COMMERCE” services.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into the attached CLEMIS E-COMMERCE SERVICES AGREEMENT (the
“Agreement,” copy attached and incorporated herein) with interested Court upon the terms and conditions
stated in this Agreement:
BE IT FURTHER RESOLVED that upon receipt of an executed CLEMIS E-COMMERCE SERVICES
AGREEMENT and all other required assurances and documentation from any Courts, the Board of
Commissioner’s Chairperson is authorized to sign and finalize this Agreement with the Court on behalf of
the County.
BE IT FURTHER RESOLVED that upon receipt of an executed Agreement from any interested Court, and
any other Court assurances and documentation required in the Agreement, the Oakland County Clerk
shall obtain the Board of Commissioner’s Chairperson signature on the Agreement, shall file a copy of
this fully executed Agreement in the official Oakland County Board of Commissioner records maintained
in the Oakland County Clerk’s Office.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
(SEE NOTE AND CORRECT CLEMIS E-COMMERCE AGREEMENT WITH INTERESTED COURTS
FOLLOWING PAGE 674)
E-COMMERCE SERVICES AGREEMENT
This E-COMMERCE SERVICES AGREEMENT, (hereafter, this "Contract") is made and entered into
between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the
________________________________________________, a Michigan Constitutional and Municipal
Corporation, whose address is:___________________________________________ Michigan
__________ (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 County has developed an “E-Commerce” System that permits the use of credit cards and
electronic checks, via the Internet, for payment of the charges for products and services.
B. The Municipality has requested the County's Information Technology Department assistance in
performing the “Information Technology Department Assistance Services" (hereafter
“Services”)(as described and defined in this Contract) and has agreed in return to reimburse the
County as provided for in this Contract.
C. The County has determined that it has sufficient "Information Technology Department Personnel,"
as defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested “Information Technology Department
Assistance Services" under the terms and conditions of this Contract.
D. The purpose of this Contract is to enable the Municipality to utilize the “E-Commerce” System,
that the County has developed, to assist the Municipality in the collection of fees for products and
services via credit card and/or electronic check.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
Commissioners Minutes Continued. July 31, 2008
623
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"County Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed, or elected
and serving as a County Agent.
1.2. “Information Technology Department Personnel” 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 Information Technology Department
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 Information Technology Department Personnel, but any
reference in this contract to Information Technology Department 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 Information Technology Department.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any E-Commerce Customer 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. “E-Commerce Customer” shall be defined as any and all persons or entities, who pay or
attempt to pay by credit card or electronic check via the Internet or the County’s
Interactive Voice Response Unit for products or services, offered by the Municipality.
§2. COUNTY INFORMATION TECHNOLOGY DEPARTMENT SERVICES The Parties agree that the
full and complete scope of any and all County Information Technology Department Assistance
Services shall be as described and limited in the following subsections (hereinafter defined and
referred to as either “Information Technology Department Assistance Services” or "Services”).
2.1. “INFORMATION TECHNOLOGY DEPARTMENT ASSISTANCE SERVICES” OR
“SERVICES” TO BE PROVIDED "Information Technology Department 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:
Commissioners Minutes Continued. July 31, 2008
624
2.1.1. The County will provide, host and maintain a “E-Commerce” System and its
connection to the Internet where ”E-Commerce” Customers can pay for taxes,
licenses, permits and fees by means of a credit card or electronic check, utilizing
the Internet. For purposes of illustration, these include, but are not limited to,
property taxes, building permits, water bills and class registrations. This
includes ensuring that any data stored or transmitted is accurate, complete and
securely collected.
2.1.2. The County will provide, host and maintain an Interactive Voice Response Unit
and its connection to the “E-Commerce” System where E-Commerce Customers
can pay for products and services as identified in this Contract by means of a
credit card or electronic check utilizing a telephone. This includes ensuring that
any data stored or transmitted is accurate, complete and securely collected.
2.1.3. When tax payments are made to the Municipality that utilizes the County’s “E-
Commerce” Service and the County’s tax receivable system, the County will
post the payment without the need for the Municipality to enter the data
separately.
2.1.4. When payments are made to the Municipality that utilizes the County’s “E-
Commerce” Service for products or services that require updates to
computerized systems maintained by the County, the County will post the
payment without the need for the Municipality to enter the data separately
2.1.5. The County shall perform all maintenance and/or troubleshooting necessary to
maintain the “E-Commerce” System.
2.1.6. The County shall maintain and support at no cost to the Municipality all
transmission services and Internet service provider services necessary to
maintain the System and allow the processing of fees for products and services
as identified and itemized in this Contract.
2.1.7. The County shall provide all technical support with respect to ”E-Commerce”
Customer questions regarding the payment procedure. However, the County
shall not be responsible for answering any questions regarding the amount of
payment due or owing, but shall refer all such questions directly to the
Municipality.
2.1.8. The County will provide the Municipality with access to a Website, password
protected, where the Municipality can issue ”E-Commerce” Customer credits as
may be required and view daily, weekly, and monthly transaction activity of
payments processed through the County’s “E-Commerce” System. Note: The
customer Website shall also be a secure Website with all customer data
collected, stored and transmitted in a secure manner.
2.1.9. The County shall provide all reasonable and necessary technology to ensure
that customer data is protected and secured in accord with its contractual
obligations and reasonable business standards and practices. The County shall
be responsible for the cost of the various software licenses required to carry out
the terms of this contract.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Information Technology Department 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 pursuant to any applicable Federal or State Laws and Local Ordinances.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "
Information Technology Department 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 "Information Technology Department Personnel" as defined herein.
2.3.1. Information Technology Department 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.
Commissioners Minutes Continued. July 31, 2008
625
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Information Technology Department Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Information Technology
Department 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
Information Technology Department 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 Information Technology Department 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 Information Technology Department Personnel and/or
the conduct and actions of any County Agent or any Information Technology
Department 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 Information Technology Department Personnel and/or pay any
and Information Technology Department 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 Information Technology
Department 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 Information
Technology Department Personnel, any necessary County Agent or
Information Technology Department 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 Information Technology Department Personnel
performing any County duty or obligation under the terms of this
Contract.
Commissioners Minutes Continued. July 31, 2008
626
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 Information
Technology Department 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 Information Technology Department 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 Information
Technology Department 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 Information
Technology Department Services duty or obligation under the terms of this
Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” The services provided by the
County under this Contract are limited to those services expressly provided for within this
Contract, under 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 Laws or
Local Ordinances. 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 legal obligation under any
applicable Federal or State Laws or Local Ordinances.
§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 continue until terminated or
cancelled as provided in Section §12 of this Contract. 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 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 Information Technology Department 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
Federal or State Law or Local Ordinance.
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 receipt or collection of payments 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 Federal or State Law or Local
Ordinance.
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 Federal or State Laws or Local Ordinances. Nothing in this Contract shall
Commissioners Minutes Continued. July 31, 2008
627
relieve the Municipality of any Municipality duty or obligation under any applicable
Federal or State Law or Local Ordinance.
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 Federal or State Law or Local Ordinance.
§5. NO DELEGATION OR WAIVER OF GOVERNMENTAL AUTHORITY OR IMMUNITY 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. 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
County Agents or Municipality Agents.
§6. FINANCIAL ARRANGEMENTS TO REIMBURSE THE COUNTY FOR THE “E-COMMERCE”
SERVICES
6.1. The Parties understand and agree that the in order to avail themselves of the
convenience of the “E-Commerce” Service, the ”E-Commerce” Customer shall be
required to agree to pay in addition to their credit card or electronic check payment for the
products and/or services specified in this Contract an additional “Convenience Fee.”
This “Convenience Fee” shall be added to the amount the ”E-Commerce” Customer is
remitting to the Municipality for payment for the products and/or services specified in this
Contract and shall be deposited along with any payment for said products and/or
services into the designated Municipality bank account.
6.2. The Parties understand and agree that the “Convenience Fee” for payment by credit card
or electronic check to be charged to any E-Commerce Customer utilizing the E-
Commerce” Services shall be in such an amount as either now established, by the
Oakland County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121,
Oakland County Board of Commissioner Minutes, May 24, 2007, p. 246) or as may be
hereafter revised by the Oakland County Board of Commissioners. For purposes of
illustration, only the current “Convenience Fee” for the payment by credit card for a
product or service in the amount of $200.00 is an additional $8.25. There is currently a
flat “Convenience Fee” of $2.50 for each payment by electronic check.
6.3. The Parties understand and agree that except as provided below, the Municipality shall
remit and repay to the County any and all moneys and amounts that have been received,
deposited, or transferred into any Municipality bank account as a “Convenience Fee” as
charged to or paid by any ”E-Commerce” Customer in conjunction with the use of the “E-
Commerce” Service.
6.8.1. From each and every “Convenience Fee” amount received by the Municipality in
conjunction with the use of the “E-Commerce” Service, and otherwise herein due
and payable to the County, the County will deduct the actual amount, which in no
event shall exceed the amount of the “Convenience Fee,” the Municipality was
charged as a “Merchant Service Fee” (currently approximately 1.8% of the total
of a credit card transaction amount charged by the ”E-Commerce” Customer) by
the Municipality’s third party “payment processing company” and will generate
and mail an invoice for the amount so calculated to the Municipality within 15
days of the end of every quarter. Under this Contract the end of a quarter shall
be the last day of March, June, September, and December.
6.8.2. “Merchant Service Fees” are only those expenses actually incurred and paid by
the Municipality for the basic cost and expense of transferring ”E-Commerce”
Customers’ funds into the Municipality bank account and do not include any such
other costs or expenses that may be incurred by the Municipality in conjunction
with “E-Commerce” Services including but not limited to any fines, penalties,
Commissioners Minutes Continued. July 31, 2008
628
interest, credit card “chargebacks” and/or any such other possible costs or
expenses incurred by the Municipality under its contract to the Municipality’s third
party “payment processing company”.
6.9. The Municipality will pay by check, payable to the County, or Electronic Fund Transfer to
the County each quarter for all amounts due and owing the County as described herein,
within thirty (30) calendar days following the actual receipt of every quarterly invoice.
6.10. 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.
6.11. 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 any 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.
6.12. 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.
6.13. 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
and/or “E-Commerce” Customer 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 Municipality, and/or any Municipality Agents, or any ”E-
Commerce” Customer 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.
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 Laws, Local Ordinances 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
Commissioners Minutes Continued. July 31, 2008
629
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 E-Commerce
Customer, 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.
§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 Information Technology Department
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 Federal or State Laws or Local
Ordinances are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality understands that the current credit card processing services for the ”E-
Commerce” System are being handled through PayPal Inc. and Elavon, Inc. The
Municipality agrees that as a condition precedent to County performance of credit card
Commissioners Minutes Continued. July 31, 2008
630
payment Services under this Contract that the Municipality shall establish and maintain
an agreement for credit card processing services with the entities currently providing
credit card processing services for the ”E-Commerce” System. Additionally, the
Municipality shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to the County, for the receipt of Municipality payments.
8.5. The Municipality understands that the current electronic check processing services for
the “E-Commerce” System are being handled through ACH Direct Inc. The Municipality
agrees that as a condition precedent to County performance of electronic check payment
Services under this Contract that the Municipality shall establish and maintain an
agreement for electronic check processing services with the entities currently providing
electronic check processing services for the “E-Commerce” System. Additionally, the
Municipality shall maintain a corresponding depository bank account, with a depository
financial institution acceptable to the County, for the receipt of Municipality payments.
8.6. The Municipality understands and agrees that the County’s Services under this Contract
are possible, in part, because of services provided by PayPal Inc., Elavon Inc. and ACH
Direct, Inc. The Municipality agrees that neither it nor any Municipality Agent shall act or
fail to act, either directly or indirectly, in such a manner so as to cause any purported
breach in any term or condition in any agreement between the County and any third party
provider of any goods or services underlying the County’s ability to provide services
under this Contract.
8.7. In the event the County enters into an agreement for credit card or electronic check
payment processing services with entities other than those providing these services at
the time of the execution of this Contract, the Municipality agrees that as a condition
precedent to continued County performance of Services under this Contract that the
Municipality shall establish and maintain an agreement for payment processing services
with the entities providing those services for the “E-Commerce” System at that time. The
Municipality further agrees to provide the County with all necessary bank account and
routing numbers to give effect to this Contract.
§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. PRIORITIZATION OF COUNTY RESOURCES COUNTY The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of sixty (60) calendar days written notice to the other Party, may cancel and/or
Commissioners Minutes Continued. July 31, 2008
631
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 understands and agrees that the County’s ability to provide the Services
contemplated in this Contract depend upon current contractual relationships between the
County and third party software and credit card and electronic check processing
companies, and that if for any reason any such underlying third party contractual
relationships should terminate, that the County’s obligation to provide any Services under
this Contract shall also end, immediately, and notwithstanding any minimum notice
requirement contained in this Contract.
12.3. 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 resolution of the Oakland County Board of Commissioners and the Municipality
Governing Body. 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 Municipality Governing Body and shall also be filed with
the office of the Clerk of the County and the Clerk of the Municipality.
§14. CONTRACT AMENDMENTS 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. 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. Any modifications, amendments, recessions,
waivers or releases to this Contract must be in writing and agreed to by both Parties. The
modification, amendment, recession waiver or release shall be signed by an expressly authorized
Municipality Agent and by a County Agent authorized by the Oakland County Board of
Commissioners.
§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 ”E-Commerce”
Customer, any ”E-Commerce” Customer’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
Commissioners Minutes Continued. July 31, 2008
632
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. FORCE MAJEURE (Events Beyond The Parties’ Control) Notwithstanding any other term or
provision of this Contract, neither Party shall be liable to the other for any failure of performance
hereunder if such failure is due to any cause beyond the reasonable control of that Party and that
Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause
shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation,
direction, action, or request of the United States government or of any other government, national
emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor
difficulties, or the failure of any underlying contractual arrangement with any anticipated third-party
provider of goods, services, software, including any condition precedent necessary to implement
this Contract. Reasonable notice shall be given to the affected Party of any such event. The
Municipality is expected, through alternative temporary or emergency service arrangements, to
continue any Municipality obligations imposed by any applicable Federal or State Law or Local
Ordinance.
§21. 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, ______________________________________________________
hereby acknowledges that _____ is authorized 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: __________________
Municipality Chief Executive
WITNESSED:__________________________ DATE: __________________
Municipality Clerk
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
Commissioners Minutes Continued. July 31, 2008
633
FISCAL NOTE (MISC. #08135)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CLEMIS E-COMMERCE AGREEMENT
WITH INTERESTED COURTS
To the Oakland County Board of Commissioners
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Department of Information Technology requests approval of a CLEMIS E-Commerce
Services Agreement between Oakland County and interested District Courts.
2. The CLEMIS E-Commerce system would allow constituents to utilize an internet based credit
card or electronic check payment option to pay fines, fees, and costs for civil infractions.
3. The approval of CLEMIS E-Commerce agreements would include the implementation of an
electronic citation application which allows District Courts the benefit of collecting payments for
citations via the internet through the existing E-Commerce engine.
4. The minimum fee to be charged for Court/Law Enforcement transactions is $5.50.
5. The fee is intended to cover operating costs and provide a return on investment to the CLEMIS
Fund such that the estimated annual revenue is $175,000; which anticipates 25% of annual
citations being paid through the E-Commerce application.
6. A budget amendment is recommended to be included in the CLEMIS Fund County Executive
Recommended Budget for Fiscal Year 2009 and Fiscal Year 2010.
CLEMIS FUND 53500 FY 2009 FY 2010
Revenue
53500-1080301-116090-635530 Ext Other Rev $175,000 $175,000
53500-1080301-116010-665882 Planned Use Fund Bal ($175,000)
($175,000)
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*REPORT (MISC. #08136)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH ROGER
KIDWELL, WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 22, 2008,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #08136
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH ROGER
KIDWELL, WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution No. 08013 the County of Oakland purchased property
located at 2896 Watkins Lake, Waterford, Michigan for expansion of Waterford Oaks County Park; and
WHEREAS the terms of the purchase agreement for said property provided for the leasing of the property
back to the seller for a period of one year; and
WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Roger Kidwell will pay
rent in the amount of $800.00 per month and be responsible for payment of all utility costs; and
Commissioners Minutes Continued. July 31, 2008
634
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Mr. Roger Kidwell.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Roger Kidwell, which may be required.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Approval of Lease Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #08136)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES AND MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH
ROGER KIDWELL, WATERFORD OAKS COUNTY PARK
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 per Miscellaneous Resolution #08013
purchased property at 2896 Watkins Lake Road, Waterford, Michigan for the expansion of
Waterford Oaks County Park.
2. The Lease agreement with Mr. Roger Kidwell, stipulates he will pay rent in the amount of $800.00
per month and be responsible for payment of all utility costs.
3. Terms of the original agreement allowed for the leasing of said property back to the seller for a
period of one (1) year.
4. The agreement presented in this resolution allows for the original one (1) year plus a one time six
(6) month extension, with the agreement commencing on August 1, 2008.
5. Revenues from this lease agreement are expected to be nominal for the remainder of Fiscal Year
2008 (approx. $1,600). However, the Fiscal Year 2009 and Fiscal Year 2010 Parks and
Recreation Budget as approved by the Parks and Recreation Commission will include the
additional revenue from this lease agreement.
6. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*REPORT (MISC. #08137)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR
OVERHEAD ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – HIGHLAND OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 22, 2008,
reports with a recommendation that the resolution be adopted.
Commissioners Minutes Continued. July 31, 2008
635
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #08137
BY: General Government Committee, Christine Long, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT
OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC
SERVICE TO THE DETROIT EDISON COMPANY – HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Highland Oaks County Park located in Highland
Township; and
WHEREAS the Detroit Edison Company is in the process of upgrading its electrical services facilities in
the area of Highland Oaks County Park and has requested that the County of Oakland grant a 12-ft. wide
easement for overhead electric service; and
WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have
agreed upon a route for the said overhead electric service, which will enhance electrical service to the
area and provide electric service connection options at Highland Oaks County Park; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for overhead electric service and related
appurtenances.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Request to Grant Easement to Detroit Edison Company Highland Oaks County Park on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08137)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT
OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC
SERVICE TO THE DETROIT EDISON COMPANY – HIGHLAND OAKS COUNTY PARK
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 Detroit Edison Company is in the process of upgrading its electrical services facilities in the
area of Highland Oaks County Park and is requesting Oakland County grant an easement for
overhead electric service.
2. The upgrade will enhance electrical service to the area and provide electric service connection
options at Highland Oaks County Park.
3. The resolution authorizes and approves the granting of an easement for overhead electric service
and related appurtenances to the Detroit Edison Company for the sum of one (1) dollar.
4. No General Fund/General Purpose funding is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
Commissioners Minutes Continued. July 31, 2008
636
*MISCELLANEOUS RESOLUTION #08154
BY: General Government Committee, Christine Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – 2008 TEENS OUTSIDE PROGRAM GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS the Oakland County Parks and Recreation Commission has been awarded $1,500 for the
Teens Outside Program through the National Recreation and Park Association and the Outdoor Industry
Foundation; and
WHEREAS the Teens Outside Program was developed in response to the need to advance the access,
opportunity and resources needs to increase participation in active outdoor recreation and sport, to
engage youth in outdoor pursuits and to foster environmental stewardship; and
WHEREAS the Teens Outside Program meets the Oakland County Parks and Recreation Commission’s
Strategic Plan’s Core programming areas of Youth Oriented programs and Camps and Outdoor
Adventures Programs and supports the Governor’s Certificate of Proclamation of “No Child Left Inside”;
and
WHEREAS the Core Programming areas identified will assist the Oakland County Parks and Recreation
Commission in determining the future direction of a sustainable outdoor adventure programming for
youth, in extending these programs to communities and organizations where these resources are
otherwise unavailable and to increase exposure and appreciation for outdoor pursuits.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and
accepts the terms of the $1,500 grant for the Teens Outside Program through the National Recreation
and Park Association and the Outdoor Industry Foundation.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson
or designee to execute the $1,500 grant for the Teens Outside Program.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Teens Outside, Teens Outside Grantee Agreement and Certificate of Proclamation on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08154)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION – 2008 TEENS OUTSIDE PROGRAM 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
Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission has received a grant in the amount of
$1,500 for the Teens Outside Program through the National Recreation and Park Association and
the Outdoor Industry Foundation.
2. The Oakland County Parks and Recreation Commission approved the acceptance of the mini-
grant on June 4, 2008.
3. Current total estimated cost of the grant program is $3,000.
4. The grant has been budgeted in the Fiscal Year 2008 Parks and Recreation Commission budget,
therefore no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
Commissioners Minutes Continued. July 31, 2008
637
*REPORT (MISC. #08138)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PART OF PARCEL NO. 13-24-126-001, 2930
WATKINS LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on July 22, 2008,
reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #08138
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PART OF PARCEL NO. 13-24-126-001, 2930 WATKINS
LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with the East Michigan District of the Wesleyan Church, for the purchase
of 2930 Watkins Lake Road, Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay the East Michigan District of the Wesleyan Church the sum of $209,000 via a cash sale for the
purchase of said property subject to the County performing its required due diligence investigation of the
subject property and obtaining parcel split approval from the Township of Waterford; and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland, as purchaser, and the East Michigan District of the Wesleyan Church, seller via a cash sale
purchase.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Approval and Acceptance of Purchase Agreement on file in County Clerk’s office.
FISCAL NOTE (MISC. #08138)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-001, 2930 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
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 is seeking approval and acceptance of a
purchase agreement between the County of Oakland and East Michigan District of the Wesleyan
Church for the purchase of 2930 Watkins Lake Road.
2. The negotiated price is in the amount of $209,000. The land purchase will expand the current
acreage of Waterford Oaks County Park.
Commissioners Minutes Continued. July 31, 2008
638
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on August 7, 2007.
4. No County funds are required for this acquisition.
5. Sufficient funds have been budgeted in the Parks and Recreation Fiscal Year 2008 Budget. No
budget amendments are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*REPORT (MISC. #08139)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed Miscellaneous Resolution #08139 on July 22, 2008, reports
with a recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #08139
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS due 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 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 the proposed budget reduction task has prompted a review of the Information Technology (IT)
Department’s operations and organizational 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 proposed reorganization results in an overall net savings to the County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Department of Information Technology, as follows:
1. To delete the e-Government Division (1080700), e-Government Services (1080701), and e-
Government Program Services (1080705). These units will be merged with the Application
Services Division and the Technical Systems and Networking Division.
2. To transfer the following positions:
From: 1080701- To: 1080201-
e-Government Division Application Services Division
00881 Senior Systems Analyst
02799 Application Analyst Prog II
04726 Supv II Information Technology
05342 Application Analyst Prog III
08084 Application Analyst Prog II
09429 Application Analyst Prog III
From: 1080705- To: 1080201-
e-Government Division Application Services Division
00046 Student Engineer
00941 Chief e-Government Services
02409 Application Analyst Prog I
06367 Applications Analyst/Prog II
10416 Project Manager
From: 1080701- To: 1080601-
e-Government Division Technical Systems and Networking Div.
Commissioners Minutes Continued. July 31, 2008
639
01055 Manager e-Government Services
01409 Application Analyst Program III
07408 Senior Systems Analyst
From: 1080705- To: 1080601-
e-Government Division Technical Systems and Networking Div.
05343 Application Analyst Prog II
3. To delete the following positions:
a. Customer Services Technician III (position #1080101-00504)
b. Customer Services Technician II (position #1080101-05627)
4. To create the following new classifications:
a. Chief Manager-Technical Architect:
Base 1 Year 2 Year 3 Year 4 Year 5 Year
89,296 94,673 100,045 105,416 110,791 116,168
3,434.46 3,641.26 3,847.90 4,054.48 4,261.20 4,468.02
b. Manager-Deployment Services:
Base 1 Year 2 Year 3 Year 4 Year 5 Year
89,296 94,673 100,045 105,416 110,791 116,168
3,434.46 3,641.26 3,847.90 4,054.48 4,261.20 4,468.02
5. To retitle the following positions with no change in salary grade level:
Position: From: To:
1080601-00388 Manager-Technical Chief Manager-
Systems & Networking Technical Architect
1080601-01055 Manager- Manager-Deployment
e-Government Services Services
6. To upwardly reclassify the following position:
a. Chief Technical Systems #1080601-04698 to Manager-Technical Systems & Networking;
from salary plan $89,296 to a maximum of $116,168
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Pertinent Salaries – Fiscal Year 2008 and Salary and Fringe Benefit Cost Savings – PR on file in
County Clerk’s office.
FISCAL NOTE (MISC. #08139)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - REORGANIZATION
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. Information Technology proposes a reorganization, which will delete two positions, reclassify
several positions, and consolidate services to realign existing resources to meet the budget
reduction task imposed for Fiscal Year 2008-2010.
2. The two positions to be deleted are one (1) Customer Service Technician III (1080101-00504)
and one (1) Customer Service Technician II (1080101-05627).
3. The reorganization requests the deletion of eGovernment Division and merges those services
with the Application Services Division and the Technical Systems & Networking Division.
4. The e-Government team will merge into Application Services and the Data Base
Administration team will merge into the newly created Deployment Services team under
Technical Systems & Networking Division.
5. Retitle positions to the newly created classifications of 1080601-00388 Chief Manager-
Technical Architect and 1080601-01055 Manager-Deployment Services; with no change in
salary grade level.
6. Upwardly reclassify position 1080601-04698 Chief Technical Systems to Manager-Technical
Systems & Networking.
Commissioners Minutes Continued. July 31, 2008
640
7. The results of this proposal will generate $28,147 in savings for Fiscal Year 2008, $212,164
estimated savings in Fiscal Year 2009, and $212,148 estimated savings in Fiscal Year 2010
which are included in Fiscal Year 2009-2010 County Executive Recommended Budget.
8. A budget amendment is recommended to reflect the changes in the departments organization
for the remainder of Fiscal Year 2008 as follows:
INFORMATION TECHNOLOGY (63600) FY 2008
Expense
Delete (2) IT/Internal Services positions
1080101-00504 Customer Svc Tech III
63600-1080101-152000-702010 Salary ($ 9,820)
63600-1080101-152000-722740 Fringes ($ 5,558)
Total Expense ($ 15,378)
1080101-05627 Customer Svc Tech II
63600-1080101-152000-702010 Salary ($ 9,303)
63600-1080101-152000-722740 Fringes ($ 5,226)
Total Expense ($ 14,569)
63600-1080101-152000-665882 Change in Fund Equity ($ 29,947)
Transfer e-Government positions to Application Services
63600-1080701-152020-702010 Salaries ($ 38,961)
63600-1080701-152020-722740 Fringes ($ 20,673)
63600-1080701-152030-702010 Salaries ($ 41,235)
63600-1080701-152030-722740 Fringes ($ 20,671)
63600-1080705-152020-702010 Salaries ($ 39,898)
63600-1080705-152020-722740 Fringes ($ 19,523)
63600-1080705-152030-702010 Salaries ($ 13,409)
63600-1080705-152030-722740 Fringes ($ 7,057)
63600-1080701-152010-731213 Membership Dues ($ 117)
63600-1080701-152010-731346 Personal Mileage ($ 117)
63600-1080701-152010-731458 Prof Svcs ($114,833)
63600-1080701-152020-731458 Prof Svcs ($ 37,482)
63600-1080701-152010-732018 Travel ($ 4,363)
63600-1080701-152010-731773 Software Rental ($ 7,591)
63600-1080701-152010-731780 Software Maint ($ 60,307)
63600-1080201-132200-702010 Salaries $ 38,961
63600-1080201-132200-722740 Fringes $ 20,673
63600-1080201-132200-702010 Salaries $ 41,235
63600-1080201-132200-722740 Fringes $ 20,671
63600-1080201-132200-702010 Salaries $ 39,898
63600-1080201-132200-722740 Fringes $ 19,523
63600-1080201-132200-702010 Salaries $ 13,409
63600-1080201-132200-722740 Fringes $ 7,057
63600-1080201-152010-731213 Membership Dues $ 117
63600-1080201-152010-731346 Personal Mileage $ 117
63600-1080201-152010-731458 Prof Svcs $114,833
63600-1080201-152010-731458 Prof Svcs $ 37,482
63600-1080201-152010-732018 Travel $ 4,363
63600-1080201-152010-731773 Software Rental $ 27,591
63600-1080201-152010-731780 Software Maint $ 60,307
Total Expense $ -0-
Transfer Data Admin Team positions to Deployment Services/Tech Sys
63600-1080701-152030-702010 Salaries ($ 14,149)
63600-1080701-152030-722740 Fringes ($ 7,340)
63600-1080701-152020-702010 Salaries ($ 14,750)
63600-1080701-152020-722740 Fringes ($ 6,592)
63600-1080701-152000-702010 Salaries ($ 17,872)
63600-1080701-152000-722740 Fringes ($ 8,460)
Commissioners Minutes Continued. July 31, 2008
641
63600-1080705-152020-702010 Salaries ($ 11,402)
63600-1080705-152020-722740 Fringes ($ 6,535)
63600-1080701-152010-731346 Personal Mileage ($ 50)
63600-1080701-152010-732018 Travel ($ 1,887)
63600-1080701-152010-731213 Membership Dues ($ 50)
63600-1080601-152015-702010 Salaries $ 14,149
63600-1080601-152015-722740 Fringes $ 7,340
63600-1080601-152015-702010 Salaries $ 14,750
63600-1080601-152015-722740 Fringes $ 6,592
63600-1080601-152015-702010 Salaries $ 17,872
63600-1080601-152015-722740 Fringes $ 8,460
63600-1080601-152015-702010 Salaries $ 11,402
63600-1080601-152015-722740 Fringes $ 6,535
63600-1080601-152015-731346 Personal Mileage $ 50
63600-1080601-152015-732018 Travel $ 1,887
63600-1080601-152015-731213 Membership Dues $ 50
Total Expense -0-
Upwardly Reclassify Chief Tech Systems to Mgr. Tech Sys & Network
1080601-04698 Mgr.Tech Sys
63600-1080601-152090-702010 Salary $ 1,292
63600-1080601-152090-722740 Fringes $ 508
Total Expense $ 1,800
63600-1080601-152000-665882 Change in Fund Equity $ 1,800
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08141
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: THE OAKLAND COUNTY AIRPORT COMMITTEE AND THE DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE
DETROIT EDISON COMPANY, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in
Waterford Township; and
WHEREAS the Oakland County Airport Committee is in the process of extending runways and relocating
the loop road at the westerly end of the Oakland County International Airport; and
WHEREAS to allow for construction to proceed overhead electrical lines and power poles must be
relocated to an area outside of the new airport approach limits; and
WHEREAS the Oakland County Aviation staff and the Detroit Edison Company have agreed upon a route
for the said overhead electric service, which will allow construction to proceed and meet the location
requirements of the airport approach pattern; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for overhead electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. July 31, 2008
642
Copy of Request to Grant Easement to the Detroit Edison Company, Grant of Non-Exclusive Overhead
Easement in Gross, and Exhibit A on file in County Clerk’s office.
FISCAL NOTE (MISC. #08141)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: THE OAKLAND COUNTY AIRPORT COMMITTEE AND THE DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE
DETROIT EDISON COMPANY, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County International Airport is in the process of extending runways and relocating
the loop road at the westerly end of the airport property.
2. Existing overhead electrical lines and utility poles must be relocated outside of the new airport
approach limits to facilitate this project.
3. The resolution authorizes and approves the granting of an easement for overhead electric service
and related appurtenances to the Detroit Edison Company for the sum of one (1) dollar.
4. No General Fund/General Purpose funding is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08142
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE REVISED PROJECT COST AND
ASSESSMENT ROLL FOR OXFORD MULTI-LAKES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Cedar Lake, Clear Lake, Long Lake, Squaw Lake, Squaw Lagoon, Tan Lake and Michelson
Lake are inland lakes located in the Charter Township of Oxford, County of Oakland, State of Michigan
(“Oxford Multi-Lakes”); and
WHEREAS pursuant to Miscellaneous Resolution #07249 the Oakland County Board of Commissioners
determined that it was in the public’s best interest to proceed with repairs of the lake level control
structure utilized to maintain the normal levels for the Oxford Multi-Lakes; and
WHEREAS Miscellaneous Resolution #07249 authorized an advance of $150,000 from the County’s
Long Term Revolving Fund to the Oxford Multi-Lakes Special Assessment District (“Special Assessment
District”) with an annual interest rate of 5.06% for the repair of the Oxford Multi-Lakes lake level control
structure (“Repair Project”); and
WHEREAS all costs of the Repair Project shall be defrayed by special assessments against the following
lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state
and state owned lands under the jurisdiction and control of the Michigan Department of Natural
Resources; and
WHEREAS the special assessment on benefited lands may be applied in five (5) annual installments; and
WHEREAS in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection
Act (“Part 307”, MCL 324.30701 et seq.), the Drain Commissioner (“delegated authority”) held a public
hearing on May 5, 2008 concerning the assessment of project costs (“Project Costs”) against all lands
that are benefited as set forth in the Special Assessment Roll attached hereto as Exhibit A; and
WHEREAS the delegated authority has computed all costs relating to the Repair Project and prepared
the special assessment roll; and
WHEREAS the delegated authority has prepared a revised estimate of costs for the repairs, subsequent
to taking construction bids, in the amount of $139,989 attached hereto as Exhibit B; and
WHEREAS the previous advance of $150,000 from the County’s Long Term Revolving Fund to the
Oxford Multi-Lakes Special Assessment District can be reduced to $126,000, with an annual interest rate
to be based on the prevailing six month Treasury Bill rate established at the time the loan is disbursed for
the Repair Project; and
Commissioners Minutes Continued. July 31, 2008
643
WHEREAS in accordance with Part 307, the delegated authority submits for approval the Special
Assessment Roll attached hereto as Exhibit A to pay for the cost of the Repair Project and the revised
estimated $139,989 Project Costs attached hereto as Exhibit B.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The Special Assessment Roll attached hereto as Exhibit A and the Project Costs attached hereto
as Exhibit B are hereby approved.
2. The County Board of Commissioners hereby authorizes an advance of $126,000 from the
County’s Long Term Revolving Fund to the Oxford Multi-Lakes Special Assessment District with
an annual interest rate to be based on the prevailing six month Treasury Bill rate established at
the time the loan is disbursed, for the repair of the Oxford Multi-Lakes lake level control structure
(“Repair Project”).
3. All activities involved in the planning and construction of this Project under this resolution shall
comply with the standing rules of the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oxford Multi Lakes Special Assessment Roll and Dam Gates Repair Project Estimate of Cost on
file in County Clerk’s office.
FISCAL NOTE (MISC. #08142)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DRAIN COMMISSIONER – RESOLUTION TO APPROVE REVISED PROJECT COST AND
ASSESSMENT ROLL FOR OXFORD MULTI-LAKES
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. To repair the lake level control structure for Oxford Multi-Lakes, Miscellaneous Resolution #07249
originally approved a Long-Term Revolving Fund loan in the amount of $150,000.
2. The current resolution requests the approval to change the loan amount to $126,000.
3. To repay the loan with interest, the Drain Commissioner’s office is requesting the approval of a 5-
year special assessment roll developed in accordance with Part 307 of the Michigan Natural
Resources and Environmental Protection Act (MCL 324.30701 et seq).
4. A Public Hearing was held on May 5, 2008 to finalize the special assessment roll against all
benefiting parcels.
5. Miscellaneous Resolution #02019 authorized that monies be made available for loans to local
units for amounts up to $150,000 for each project requested that do not require the issuance of
bonds.
6. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of
$126,000 to the Oxford Multi-Lakes Level Fund.
7. The interest rate to be charged is to be based on the prevailing six-month Treasury Bill rate at the
time the loan is issued with Fiscal Services obtaining the six-month Treasury Bill rate from the
Oakland County Treasurer’s office upon loan issuance.
8. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
Commissioners Minutes Continued. July 31, 2008
644
*MISCELLANEOUS RESOLUTION #08143
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – APPROVAL OF CONTRACT WITH GOODWILL INDUSTRIES OF
GREATER DETROIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is committed to protection of the natural environment and preventing toxic
materials from entering our landfill and waterway resources; and
WHEREAS the improper handling and disposal of computer equipment can pose a health risk to our
citizens; and
WHEREAS it is recognized that there is a need to provide opportunities for Oakland County residents to
properly dispose of unwanted or unusable computer equipment; and
WHEREAS a goal of the Waste Resource Management Unit is to assist county residents with disposal of
these types of items; and
WHEREAS Goodwill Industries approached the Waste Resource Management Unit with a proposal to
provide one or more computer collection events; and
WHEREAS Goodwill Industries, as part of a partnership with Dell Computer Company, conducts
collection events for recycling and disposal of computer equipment; and
WHEREAS Dell Computer Company pays for most of the collection and recycling costs associated with
said computer collection events; and
WHEREAS Goodwill Industries uses computer recycling companies that have been approved as vendors
by Dell Computer Company; and
WHEREAS Goodwill Industries provides the planning, advertising, unloading, sorting, loading,
transportation and recycling/disposal of all computer equipment collected during a computer collection
event; and
WHEREAS on a yet to be determined Saturday in September, 2008, a computer collection event will be
available to all Oakland County residents, free of charge.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
contract between Oakland County and Goodwill Industries of Greater Detroit for a one-day computer
collection event and authorizes the Chairperson of the Board of Commissioners to sign the contract.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Contract between Oakland County and Goodwill Industries of Greater Detroit, Exhibit I – Scope
of Contract Services and Exhibit II – Contractor Insurance Requirements on file in County Clerk’s office.
FISCAL NOTE (MISC. #08143)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – APPROVAL OF CONTRACT WITH GOODWILL INDUSTRIES OF
GREATER DETROIT
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. Goodwill Industries, in partnership with Dell Computer Company, is proposing to conduct a
computer collection event in September 2008, free of charge to Oakland County residents, for the
purpose of recycling and disposing unwanted or unusable computer equipment.
2. The Dell Computer Company will pay for the majority of the collection and recycling costs and
Goodwill Industries will provide planning, advertising, sorting, transportation, and recycling and
disposal of the computer equipment.
3. The resolution approves a contract between Oakland County and Goodwill Industries of Greater
Detroit to conduct a one day computer collection event.
Commissioners Minutes Continued. July 31, 2008
645
4. As part of the contract, Oakland County will provide funding of $7,000 to Goodwill Industries
toward the collection event.
5. Funding is available in the Fiscal Year 2008 Waste Resource Management Budget, Professional
Services account (#10100-1090105-174230-731458).
6. No additional appropriation or budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08144
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 2401 WEST MAPLE ROAD PROJECT IN THE CHARTER
TOWNSHIP OF COMMERCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State
of Michigan of 1996, as amended (the “Act”), has established a redevelopment of Brownfields
Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of
Brownfields within Oakland County’s communities; and
WHEREAS the 2401 West Maple Road site in Commerce Township is an environmental hazard, a
“facility” under state statute and a non-producing parcel; and
WHEREAS a Brownfield clean-up and redevelopment plan (the “Plan”) has been prepared to restore the
environmental and economic viability of this parcel, which the OCBRA has reviewed and modified; and
WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval;
and
WHEREAS the members of the Township Board have reviewed the Plan, and have been provided a
reasonable opportunity to express their views and recommendations regarding the Plan in accordance
with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their
concurrence with the provisions of the Plan (attached); and
WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously
approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and
recommends the adoption of the Plan by the Planning and Building Committee and the Board of
Commissioners to be carried out within the Township of Commerce, relating to the redevelopment of
2401 West Maple Road located at the north side of West Maple between Welch and Southbound M-5,
Charter Township of Commerce (the “Property”).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Plan to be carried out within the Township of Commerce, relating to the redevelopment of 2401
West Maple Road (the “Property”).
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by
the Oakland County Brownfield Redevelopment Authority for 2401 West Maple Road in Commerce
Township shall be held on July 17, 2008, at 9:35 a.m., in the Board of Commissioners’ Auditorium, 1200
North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Resolution to Approve a Brownfield Redevelopment Plan for the Commerce Beaumont
Brownfield Site, Brownfield Plan, Appendix A – Maps, Appendix B – Legal Descriptions, Appendix C –
Personal Property List and Appendix D – Site Photographs on file in County Clerk’s office.
FISCAL NOTE (MISC. #08144)
BY: Finance Committee, Mike Rogers, Chairperson
Commissioners Minutes Continued. July 31, 2008
646
IN RE: WASTE RESOURCE MANAGEMENT UNIT – RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 2401 WEST MAPLE ROAD PROJECT IN THE CHARTER
TOWNSHIP OF COMMERCE
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 adopts a Brownfield Plan relating to the clean-up and redevelopment of property
located at 2401 West Maple Road in Commerce Township to restore the property’s
environmental and economic viability.
2. The developer, Commerce MOB LLC, has assumed environmentally related development costs
estimated at $1,204,139 including remediation of environmental impacts, environmental
investigations, due care, demolition, and site preparation.
3. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland
County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental
value of the property.
4. No General Fund/General Purpose amendment or appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08145
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 4000 WEST ELEVEN MILE PROJECT IN THE CITY OF
BERKLEY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State
of Michigan of 1996, as amended (the “Act”), has established a redevelopment of Brownfields
Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of
Brownfields within Oakland County’s communities; and
WHEREAS the 4000 West Eleven Mile Road site in The City of Berkley is an environmental hazard, a
“facility” under state statute and a non-producing parcel; and
WHEREAS a Brownfield clean-up and redevelopment plan (the “Plan”) has been prepared to restore the
environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and
WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval;
and
WHEREAS the members of the City Board have reviewed the Plan, and have been provided a
reasonable opportunity to express their views and recommendations regarding the Plan in accordance
with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their
concurrence with the provisions of the Plan (attached); and
WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously
approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and is
recommending the adoption of the Plan by the Planning and Building Committee and the Board of
Commissioners to be carried out within the City of Berkley, relating to the redevelopment of 4000 West
Eleven Mile Road located at the northwest corner of West Eleven Mile and Thomas Avenue (the
“Property”).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Plan to be carried out within the City of Berkley relating to the redevelopment of 4000 West
Eleven Mile Road located at the northwest corner of West Eleven Mile and Thomas Avenue (the
“Property”).
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by
the Oakland County Brownfield Redevelopment Authority for 4000 West Eleven Mile Road, located in the
Commissioners Minutes Continued. July 31, 2008
647
City of Berkley, shall be held on Thursday July 17, 2008, at 9:40 a.m. in the Board of Commissioners’
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Resolution to approve a Brownfield Redevelopment Plan for the SES Berkley Brownfield site on
file in County Clerk’s office.
FISCAL NOTE (MISC. #08145)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT – RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 4000 WEST ELEVEN MILE PROJECT IN THE CITY OF
BERKLEY
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 adopts a Brownfield Plan relating to the clean-up and redevelopment of property
located at 4000 West Eleven Mile Road in the City of Berkley to restore the property’s
environmental and economic viability.
2. The developer, SES Energy Solutions, has assumed environmentally related development costs
estimated at $120,175 including preparation of environmental site assessment, due care,
preparation of work plans and the Brownfield Plan, demolition, landscaping and repaving,
removal of contaminated soil, and contingency for other unanticipated environmental conditions.
3. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland
County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental
value of the property.
4. No General Fund/General Purpose amendment or appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08146
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 4080 WEST ELEVEN MILE PROJECT IN THE CITY OF
BERKLEY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State
of Michigan of 1996, as amended (the “Act”), has established a redevelopment of Brownfields
Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of
Brownfields within Oakland County’s communities; and
WHEREAS the 4080 West Eleven Mile Road site in The City of Berkley is an environmental hazard, a
“facility” under state statute and a non-producing parcel; and
WHEREAS a Brownfield clean-up and redevelopment plan (the “Plan”) has been prepared to restore the
environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and
WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval;
and
WHEREAS the members of the City Board have reviewed the Plan, and have been provided a
reasonable opportunity to express their views and recommendations regarding the Plan in accordance
with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their
concurrence with the provisions of the Plan (attached); and
Commissioners Minutes Continued. July 31, 2008
648
WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously
approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and
recommends the adoption of the Plan by the Planning and Building Committee and the Board of
Commissioners to be carried out within the City of Berkley, relating to the redevelopment of 4080 West
Eleven Mile Road, located at the northwest corner of West Eleven Mile and Thomas Avenue (the
“Property”).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Plan to be carried out within the City of Berkley, relating to the redevelopment of 4080 West
Eleven Mile Road located at the northwest corner of West Eleven Mile and Thomas Avenue (the
“Property”).
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by
the Oakland County Brownfield Redevelopment Authority for 4080 West Eleven Mile Road, located in the
City of Berkley, shall be held on Thursday July 17, 2008 at 9:37 a.m. in the Board of Commissioners’
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Resolution to approve a Brownfield Redevelopment Plan for the PM Environmental Brownfield
Site on file in County Clerk’s office.
FISCAL NOTE (MISC. #08146)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: WASTE RESOURCE MANAGEMENT UNIT – RESOLUTION APPROVING THE PROVISIONS
OF A BROWNFIELD PLAN FOR THE 4080 WEST ELEVEN MILE PROJECT IN THE CITY OF
BERKLEY
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 adopts a Brownfield Plan relating to the clean-up and redevelopment of property
located at 4080 West Eleven Mile Road in the City of Berkley to restore the property’s
environmental and economic viability.
2. The developer, PM Environmental, has assumed environmentally related development costs
estimated at $124,775 including remediation of environmental impacts, environmental
investigations, due care, administrative controls, and preparation of environmental reports.
3. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland
County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental
value of the property.
4. No General Fund/General Purpose amendment or appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08148
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN
RENAISSANCE FESTIVAL - 2008 SEASON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same
name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for
Law Enforcement Services for the upcoming 2008 season; and
WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly
basis, the number of man-hours to be determined by the Sheriff's Office; and
WHEREAS this contract has been approved by Corporation Counsel; and
Commissioners Minutes Continued. July 31, 2008
649
WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance
Festival at the hourly overtime rates for the 2008 season, as was established by Miscellaneous
Resolution #03265.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
execution of the attached contract consistent with provisions contained therein.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for Police Protection – Michigan Renaissance Festival on file in County Clerk’s office.
FISCAL NOTE (MISC. #08148)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN
RENAISSANCE FESTIVAL – 2008 SEASON
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 Renaissance Festival has requested the Oakland County Sheriff’s Department to
supply Patrol Officers for the Law Enforcement Services for the upcoming 2008 season.
2. The Oakland County Sheriff’s Office contracted with the Michigan Renaissance Festival for the
2007 season by Miscellaneous Resolution #07173.
3. The rates charged in the agreement are consistent with Miscellaneous Resolution #03265 that
established standard overtime rates for the period 2004-2008.
4. The contract will take effect on August 16, 2008 and expires October 1, 2008; or fifteen (15) event
days.
5. The proposed agreement will result in approximately $60,022 in revenue and expenditures for
Fiscal Year 2008, an increase of $1,748 over Fiscal Year 2007.
6. Revenue is currently budgeted in the Fiscal Year 2008 Amended Budget and therefore, no
budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08149
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT
COURT – HAZEL PARK FOR 2009/2010/2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 43rd District Court in Hazel Park is requesting that the Sheriff provide security to the Court
with PTNE Court Deputies and the Board of Commissioners has authorized other District Courts the
opportunity to contract for security; and
WHEREAS the Court is requesting to contract for PTNE Court Deputies to provide the ability to quickly
respond to and control situations, minimizing the risk to both the public and District Court staff; and
WHEREAS Miscellaneous Resolution #05303 authorized a contract for Court Security for the Hazel Park
District Court through September 30, 2008; and
WHEREAS this contract has been approved through the County Executive review process; and
WHEREAS the approval of the contract to reimburse the County for this service will be necessary (see
attached contract and Schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to enter into the attached contract for Court Security with the 43rd District
Court-Hazel Park for the Fiscal Years 2009/2010/2011.
BE IT FURTHER RESOLVED that the two (2) PTNE 1,000 hrs/yr Court Deputy II positions (4030435-
10382 and 10383) be continued and reviewed in the budget process.
Commissioners Minutes Continued. July 31, 2008
650
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-HAZEL PARK
THIS CONTRACT entered into on the first day of October, 2008, between the COUNTY OF OAKLAND, a
Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereinafter “COUNTY”), and the 43RD DISTRICT COURT-HAZEL PARK, 43 East Nine Mile Rd., Hazel
Park, Michigan 48031 (hereinafter “COURT”), for the purpose of providing security for the 43rd District
Court pursuant to the following terms and conditions; and,
WHEREAS the Oakland County Sheriff is required to provide security for the Court when requested by
the District Courts of the Third Class; and,
WHEREAS the District Courts of the Third Class are required to pay for the Court security so provided;
and,
WHEREAS the 43rd District Court has requested that the Oakland County Sheriff provide part time non-
eligible (PTNE) Court Deputy II’s for security;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
COUNTY and the COURT agree as follows:
(1) The Oakland County Sheriff will provide certified part time non-eligible Court Deputy II’s
for Court security at the 43rd District Court during normal COURT business hours; and,
(2) The COURT will pay the COUNTY for each PTNE Court Deputy II at the rate established
by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The
COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE
Court Deputy II’s uniforms, supplies, liability insurance, and portable radio, all of which are associated
with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to
the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours
worked, fringe benefits and operating costs of the PTNE Court Deputy II’s.
(3) The term of this Contract shall be from the date first signed above until September 30,
2011. The parties agree that rates established by Schedule A will be renewed at the beginning of each
fiscal year of the COUNTY and that the hourly rate, fringe benefit rate, and the monthly operating rate will
be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a
PTNE Court Deputy Sheriff to the Court.
(4) Either the COUNTY or the COURT may terminate this Agreement, prior to its September
30, 2011 expiration upon written notification at least ninety (90) days prior to the proposed termination
date, which date shall be clearly stated in the written notice. Upon the expiration or termination of the
Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract
shall end.
(5) In the event that the COURT wishes to enter into a new agreement for Court Security
upon the expiration of this Agreement, it will notify the COUNTY, in writing, of this intent no later than
June 30, 2011. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the
COUNTY has a similar interest, the COUNTY shall present the COURT with a new proposed contract for
continued Court Security on, or before, August 30, 2011. In no event shall this paragraph be interpreted
to obligate the COUNTY or the COURT to continue any contract for any Court Security beyond the
expiration of this contract unless a new fully executed contract is executed by the parties.
The parties, through their representatives, warrant that they have full and complete authority to enter into,
execute and perform this Contract.
IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below.
WITNESSES: COUNTY OF OAKLAND
____________________________ By:__________________________________
BILL BULLARD. JR., Chairperson,
Oakland County Board of Commissioners
____________________________ Dated:________________________________
WITNESSES: 43RD DISTRICT COURT
____________________________ By:__________________________________
HONORABLE KEITH P. HUNT
Judge, 43rd District Court
Commissioners Minutes Continued. July 31, 2008
651
Copy of Schedule A – Sheriff’s Office cost for 43rd District Court – Hazel Park on file in County Clerk’s
office.
FISCAL NOTE (MISC. #08149)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S DEPARTMENT – CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT
COURT – HAZEL PARK FOR 2009/2010/2011
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 43rd District Court in Hazel Park requested that the Sheriff provide security to the court with
two (2) PTNE Court Deputies.
2. The resolution continues funding for two (2) PTNE Court Deputy II positions (4030435-10382 and
10383) in the Court Security unit of the Corrective Services – Satellites Division.
3. The contract shall be effective from the date signed through September 30, 2011.
4. The operating revenue and expenses generated by this contract total $47,398 in Fiscal Year
2009, $48,373 in Fiscal Year 2010 and $49,417 in Fiscal Year 2011.
5. The effect of this contract was included in the Fiscal Year 2009/Fiscal Year 2010 County
Executive Recommended Budget. Therefore, no budget amendments are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08150
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT
COURT – MADISON HEIGHTS FOR 2009/2010/2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 43rd District Court in Madison Heights requested that the Sheriff provide security to the
Court with PTNE Court Deputies and the Board of Commissioners has authorized other District Courts
the opportunity to contract for security; and
WHEREAS the Court is requesting to continue the contract for PTNE Court Deputies to provide the ability
to quickly respond to and control situations, minimizing the risk to both the public and District Court staff;
and
WHEREAS Miscellaneous Resolution #05120 authorized a contract for Court Security for the Madison
Heights District Court through September 30, 2008; and
WHEREAS this contract has been approved through the County Executive review process; and
WHEREAS the approval of the contract to reimburse the County for this service will be necessary (see
attached contract and Schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to enter into the attached contract for Court Security with the 43rd District
Court-Madison Heights for the Fiscal Years 2009/2010/2011.
BE IT FURTHER RESOLVED that the two (2) PTNE 1,000 hrs/yr Court Deputy II positions (4030435-
09823 and 09824) be continued and be reviewed in the budget process.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
CONTRACT TO PROVIDE SECURITY FOR THE 43RD DISTRICT COURT-MADISON HEIGHTS
THIS CONTRACT entered into on the first day of October, 2008, between the COUNTY OF OAKLAND, a
Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereinafter COUNTY ), and the 43RD DISTRICT COURT-MADISON HEIGHTS, 200 West Thirteen
Mile Rd., Madison Heights, Michigan 48071 (hereinafter “COURT”), for the purpose of providing security
for the 43rd District Court pursuant to the following terms and conditions; and,
Commissioners Minutes Continued. July 31, 2008
652
WHEREAS the Oakland County Sheriff is required to provide security for the Court when requested by
the District Courts of the Third Class; and,
WHEREAS the District Courts of the Third Class are required to pay for the Court security so provided;
and,
WHEREAS the 43rd District Court has requested that the Oakland County Sheriff provide a part time non-
eligible (PTNE) Court Deputy II for security;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
COUNTY and the COURT agree as follows:
(1) The Oakland County Sheriff will provide a certified part time non-eligible Court Deputy II
for Court security at the 43rd District Court during normal COURT business hours; and,
(2) The COURT will pay the COUNTY for the PTNE Court Deputy II at the rate established
by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The
COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE
Court Deputy II’s uniforms, supplies, liability insurance, and portable radio, all of which are associated
with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to
the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours
worked, fringe benefits and operating costs of the PTNE Court Deputy II.
(3) The term of this Contract shall be from the date first signed above until September 30,
2011. The parties agree that rates established by Schedule A will be renewed at the beginning of each
fiscal year of the COUNTY and that the hourly rate, fringe benefit rate, and the monthly operating rate will
be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a
PTNE Court Deputy Sheriff to the Court.
(4) Either the COUNTY or the COURT may terminate this Agreement, prior to its September
30, 2011 expiration upon written notification at least ninety (90) days prior to the proposed termination
date, which date shall be clearly stated in the written notice. Upon the expiration or termination of the
Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract
shall end.
(5) In the event that the COURT wishes to enter into a new agreement for Court Security
upon the expiration of this Agreement, it will notify the COUNTY, in writing, of this intent no later than
June 30, 2011. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the
COUNTY has a similar interest, the COUNTY shall present the COURT with a new proposed contract for
continued Court Security on, or before, August 30, 2011. In no event shall this paragraph be interpreted
to obligate the COUNTY or the COURT to continue any contract for any Court Security beyond the
expiration of this contract unless a new fully executed contract is executed by the parties.
The parties, through their representatives, warrant that they have full and complete authority to enter into,
execute and perform this Contract.
IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below.
WITNESSES: COUNTY OF OAKLAND
By:__________________________________
BILL BULLARD. JR., Chairperson,
Oakland County Board of Commissioners
____________________________ Dated:________________________________
WITNESSES: 43RD DISTRICT COURT
____________________________ By:__________________________________
HONORABLE ROBERT J. TURNER
Judge, 43rd District Court
____________________________ Dated:________________________________
Copy of Schedule A – Sheriff’s Office Cost for 43rd District Court – Madison Heights on file in County
Clerk’s office.
Commissioners Minutes Continued. July 31, 2008
653
FISCAL NOTE (MISC. #08150)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 43RD DISTRICT
COURT - MADISON HEIGHTS FOR 2009/2010/2011
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 43rd District Court in Madison Heights requested that the Sheriff provide security to the court
with PTNE Court Deputies (Pos. #09823 and 09824).
2. Miscellaneous Resolution #05120 authorized a contract extension for court security for the
Madison Heights District Court through September 30, 2008. The court is requesting to continue
the contract for Fiscal Years 2009/2010/2011.
3. The operating revenue and expenses generated by the contract total $47,398 in Fiscal Year
2009, $48,373 in Fiscal Year 2010 and $49,417 in Fiscal Year 2011.
4. The effect of this contract was included in the Fiscal Year 2009/Fiscal Year 2010 County
Executive Recommended Budget. Therefore, no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08151
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 47TH DISTRICT
COURT – FARMINGTON FOR 2009/2010/2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 47th District Court in Farmington has requested that the Sheriff provide security to the
Court with PTNE Court Deputies and the Board of Commissioners has authorized other District Courts
the opportunity to contract for security; and
WHEREAS the Court is requesting to continue the contract for PTNE Court Deputies to provide the ability
to quickly respond to and control situations, minimizing the risk to both the public and District Court staff;
and
WHEREAS Miscellaneous Resolution #05119 authorized a contract for Court Security for the Farmington
District Court through September 30, 2008; and
WHEREAS this contract has been approved through the County Executive review process; and
WHEREAS the approval of the contract to reimburse the County for this service will be necessary (see
attached contract and Schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to enter into the attached contract for Court Security with the 47th District Court-
Farmington for the Fiscal Years 2009/2010/2011.
BE IT FURTHER RESOLVED that the three (3) PTNE 1,000 hrs/yr Court Deputy II positions (4030435-
09992, 09993 and 09994) be continued and be reviewed in the budget process.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
CONTRACT TO PROVIDE SECURITY FOR THE 47th DISTRICT COURT-FARMINGTON
THIS CONTRACT entered into on the first day of October, 2008, between the COUNTY OF OAKLAND, a
Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereinafter “COUNTY”), and the 47th DISTRICT COURT-FARMINGTON, 31605 West Eleven Mile Rd.,
Farmington, Michigan 48336 (hereinafter “COURT”), for the purpose of providing security for the 47th
District Court pursuant to the following terms and conditions; and,
WHEREAS the Oakland County Sheriff is required to provide security for the Court when requested by
the District Courts of the Third Class; and,
WHEREAS the District Courts of the Third Class are required to pay for the Court security so provided;
and,
Commissioners Minutes Continued. July 31, 2008
654
WHEREAS the 47th District Court has requested that the Oakland County Sheriff provide a part time non-
eligible (PTNE) Court Deputy II for security;
NOW, THEREFORE, in consideration of the mutual convenants and agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
COUNTY and the COURT agree as follows:
(1) The Oakland County Sheriff will provide a certified part time non-eligible Court Deputy II
for Court security at the 47th District Court during normal COURT business hours; and,
(2) The COURT will pay the COUNTY for the PTNE Court Deputy II at the rate established
by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The
COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE
Court Deputy II’s uniforms, supplies, liability insurance, and portable radio, all of which are associated
with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to
the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours
worked, fringe benefits and operating costs of the PTNE Court Deputy II.
(3) The term of this Contract shall be from the date first signed above until September 30,
2011. The parties agree that rates established by Schedule A will be renewed at the beginning of each
fiscal year of the COUNTY, and that the hourly rate, fringe benefit rate and the monthly operating rate will
be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a
PTNE Court Deputy Sheriff to the COURT.
(4) Either the COUNTY or the COURT may terminate this Agreement, prior to its September
30, 2011 expiration, upon written notification at least ninety (90) days prior to the proposed termination
date, which date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract
shall end.
(5) In the event that the COURT wishes to enter into a new agreement for Court Security
upon the expiration of this Agreement, it will notify the COUNTY, in writing, of this intent no later than
June 30, 2011. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the
COUNTY has a similar interest, the COUNTY shall present the COURT with a new proposed contract for
continued Court Security on, or before, August 30, 2011. In no event shall this paragraph be interpreted
to obligate the COUNTY or the COURT to continue any contract for any Court Security beyond the
expiration of this contract unless a new fully executed contract is executed by the parties.
The parties, through their representatives, warrant that they have full and complete authority to enter into,
execute and perform this Contract.
IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below.
WITNESSES: COUNTY OF OAKLAND
____________________________ By:__________________________________
BILL BULLARD, JR., Chairperson,
Oakland County Board of Commissioners
____________________________ Dated:________________________________
WITNESSES: 47th DISTRICT COURT
____________________________ By:__________________________________
DAVID WALSH, Court Administrator
47th District Court
____________________________ Dated:________________________________
Copy of Sheriff’s Office Cost for the 47th District Court – Farmington on file in County Clerk’s office.
FISCAL NOTE (MISC. #08151)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 47TH DISTRICT
COURT - FARMINGTON FOR 2009/2010/2011
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:
Commissioners Minutes Continued. July 31, 2008
655
1. The 47th District Court in Farmington requested that the Sheriff provide security to the court with
PTNE Court Deputies (Pos. #09992, 09993 and 09994).
2. Miscellaneous Resolution #05119 authorized a contract extension for court security for the
Farmington District Court through September 30, 2008. The court is requesting to continue the
contract for Fiscal Years 2009/2010/2011.
3. The operating revenue and expenses generated by the contract total $69,773 in Fiscal Year
2009, $71,195 in Fiscal Year 2010 and $72,720 in Fiscal Year 2011.
4. The effect of this contract was included in the Fiscal Year 2009/Fiscal Year 2010 County
Executive Recommended Budget. Therefore, no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08152
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 48TH DISTRICT
COURT – BLOOMFIELD TOWNSHIP FOR 2009/2010/2011
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 48th District Court in Bloomfield Township has requested that the Sheriff provide security
to the Court with PTNE Court Deputies and the Board of Commissioners has authorized other District
Courts the opportunity to contract for security; and
WHEREAS the Court is requesting to continue the contract for PTNE Court Deputies to provide the ability
to quickly respond to and control situations, minimizing the risk to both the public and District Court staff;
and
WHEREAS Miscellaneous Resolution #05118 authorized a contract for Court Security for the Bloomfield
Township District Court through September 30, 2008; and
WHEREAS this contract has been approved through the County Executive review process; and
WHEREAS the approval of the contract to reimburse the County for this service will be necessary (see
attached contract and Schedule A).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to enter into the attached contract for Court Security with the 48th District Court-
Bloomfield Township for the Fiscal Years 2009/2010/2011.
BE IT FURTHER RESOLVED that the three (3) PTNE 1,000 hrs/yr Court Deputy II positions (4030435-
09007, 09008 and 09899) be continued and be reviewed in the budget process.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
CONTRACT TO PROVIDE SECURITY FOR THE 48th DISTRICT COURT-BLOOMFIELD TOWNSHIP
THIS CONTRACT entered into on the first day of October, 2008, between the COUNTY OF OAKLAND, a
Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereinafter “COUNTY”), and the 48th DISTRICT COURT-BLOOMFIELD TOWNSHIP, 4280 Telegraph
Road, Bloomfield Hills, Michigan 48302-3200 (hereinafter “COURT”), for the purpose of providing security
for the 48th District Court pursuant to the following terms and conditions; and,
WHEREAS the Oakland County Sheriff is required to provide security for the Court when requested by
the District Courts of the Third Class; and,
WHEREAS the District Courts of the Third Class are required to pay for the Court security so provided;
and,
WHEREAS the 48th District Court has requested that the Oakland County Sheriff provide a part time non-
eligible (PTNE) Court Deputy II for security;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
COUNTY and the COURT agree as follows:
(1) The Oakland County Sheriff will provide a certified part time non-eligible Court Deputy II
for Court security at the 48th District Court during normal COURT business hours; and,
Commissioners Minutes Continued. July 31, 2008
656
(2) The COURT will pay the COUNTY for the PTNE Court Deputy II at the rate established
by the attached Schedule A, which amount includes the hourly rate and required fringe benefits. The
COURT will also pay a monthly operating fee as established by Schedule A to cover the cost of the PTNE
Court Deputy II’s uniforms, supplies, liability insurance, and portable radio, all of which are associated
with the maintenance of the PTNE Court Deputy II provided to the COURT. Payments by the COURT to
the COUNTY shall be made within 10 days of receipt of an invoice from the COUNTY for the hours
worked, fringe benefits and operating costs of the PTNE Court Deputy II.
(3) The term of this Contract shall be from the date first signed above until September 30,
2011. The parties agree that rates established by Schedule A will be renewed at the beginning of each
fiscal year of the COUNTY, and that the hourly rate, fringe benefit rate and the monthly operating rate will
be adjusted at that time by the COUNTY to reflect any increased cost to the COUNTY for providing a
PTNE Court Deputy Sheriff to the COURT.
(4) Either the COUNTY or the court may terminate this Agreement, prior to its September 30,
2011 expiration, upon written notification at least ninety (90) days prior to the proposed termination date,
which date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further COUNTY obligations to provide Court Security to the COURT under this contract
shall end.
(5) In the event that the COURT wishes to enter into a new agreement for Court Security upon
the expiration of this Agreement, it will notify the COUNTY, in writing, of this intent no later than June 30,
2011. If the COURT notifies the COUNTY of its intent to enter into a new agreement, and the COUNTY
has a similar interest, the COUNTY shall present the COURT with a new proposed contract for continued
Court Security on, or before, August 30, 2011. In no event shall this paragraph be interpreted to obligate
the COUNTY or the COURT to continue any contract for any Court Security beyond the expiration of this
contract unless a new fully executed contract is executed by the parties.
The parties, through their representatives, warrant that they have full and complete authority to enter into,
execute and perform this Contract.
IN WITNESS WHEREOF, the parties have signed this Contract the date and year set forth below.
WITNESSES: COUNTY OF OAKLAND
____________________________ By:__________________________________
BILL BULLARD, JR., Chairperson,
Oakland County Board of Commissioners
____________________________ Dated:________________________________
WITNESSES: 48th DISTRICT COURT
____________________________ By:__________________________________
JAMES HARKINS, Court Administrator
48th District Court
____________________________ Dated:________________________________
Copy of Sheriff’s Office Cost for 48th District Court on file in County Clerk’s office.
FISCAL NOTE (MISC. #08152)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR COURT SECURITY AT THE 48TH DISTRICT
COURT - BLOOMFIELD TOWNSHIP FOR 2009/2010/2011
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 48th District Court in Bloomfield Township requested that the Sheriff provide security to the
court with PTNE Court Deputies (Pos. #09007, 09008 and 09899).
2. Miscellaneous Resolution #05118 authorized a contract extension for court security for the
Bloomfield Township District Court through September 30, 2008. The court is requesting to
continue the contract for Fiscal Years 2009/2010/2011.
3. The operating revenue and expenses generated by the contract total $69,773 in Fiscal Year 2009,
$71,195 in Fiscal Year 2010 and $72,720 in Fiscal Year 2011.
Commissioners Minutes Continued. July 31, 2008
657
4. The effect of this contract was included in the Fiscal Year 2009/Fiscal Year 2010 County Executive
Recommended Budget. Therefore, no budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 660.)
*MISCELLANEOUS RESOLUTION #08153
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO
WARNING SYSTEM EXPANSION – CITY OF MADISON HEIGHTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971,
and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within
the Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy
previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby
local units pay seventy-five percent with the County being responsible for the maintenance and electrical
costs for the sirens purchased; and
WHEREAS the City of Madison Heights, has executed the attached Interlocal Agreement; and
WHEREAS the City of Madison Heights has agreed to pay seventy-five percent of the total estimated cost
of one siren; and
WHEREAS consistent with the attached standard agreement, the City of Madison Heights agrees that
Oakland County will retain ownership of the siren and will be responsible for the maintenance and the
electrical costs for said siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
contract with the City of Madison Heights for the purchase of one tornado siren.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution
of the attached written agreement between the County and the City of Madison Heights.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY
AND CITY OF MADISON HEIGHTS
This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the City of
Madison Heights, 300 West Thirteen Mile Road, Madison Heights, Michigan 48071 ("Municipality"). In
this Agreement, the County and the Municipality 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 Municipality enter into this Agreement for the purpose of adding the
Municipality to the County's outdoor warning system.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or non-possessive, shall be
defined, read, and interpreted as follows.
1.1. 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.
1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but not
limited to, any and all of its departments, divisions, the County Board of Commissioners, elected
and appointed officials, directors, board members, council members, commissioners, authorities,
Commissioners Minutes Continued. July 31, 2008
658
committees, employees, agents, subcontractors, volunteers, and/or any such persons’
successors.
1.3. Municipality means City of Madison Heights, a Constitutional Corporation including, but not
limited to, its Council, 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.
2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement,
and applicable changes in law, the County shall provide the following:
2.1. Install one (1) siren within the Municipality at the location designated by the Municipality.
2.2. Provide for maintenance of the siren.
2.3. Provide for electrical costs of the siren.
3. MUNICIPALITY'S RESPONSIBILITIES. Subject to the terms and conditions contained in this
Agreement, and applicable changes in law, the Municipality shall provide the following:
3.1 Pay seventeen-thousand, two-hundred and fifty dollars ($17,250) for the installation of the siren.
Payment is to be made within thirty (30) days after installation of the siren.
3.2 Provide operational status reporting during the first Saturday of the month siren test (March
through November) if requested.
3.3 Bear all costs associated with any siren relocation.
3.4 Municipality acknowledges that the County will retain ownership of the siren.
3.5 To the maximum extent provided by law, if there is any amount past due under this Agreement,
the County has the right to set-off that amount from any amount due to the Municipality from the
County, including, but not limited to distributions from the Delinquent Tax Revolving Fund.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when executed by both Parties
with resolutions passed by the governing bodies of each Party, and when the Agreement is filed
with the Clerk of each County where the Parties are located. The Agreement shall be filed with
the Secretary of State of the State of Michigan pursuant to MCL 124.510.
4.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 6.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its employees, agents, and
subcontractors, the costs associated with those acts, and the defense of those acts.
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1.Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice
before the effective date of termination or cancellation. The effective date for termination or
cancellation shall be clearly stated in the notice.
6.2.The Parties shall not be obligated to pay a cancellation or termination fee, if this Agreement is
cancelled or terminated as provided herein.
7. SUSPENSION OF SERVICES. Upon notice to the Municipality, the County may immediately
suspend this Agreement or the Municipality’s participation in the outdoor warning system, if the
Municipality has failed to reasonably comply, within the County's discretion, with federal, state, or
local law, or any requirements contained in this Agreement. The right to suspend services is in
addition to the right to terminate or cancel this Agreement contained in Section 6. The County shall
incur no penalty, expense, or liability if services are suspended under this Section.
8. 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 Municipality.
9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, and requirements applicable to its activities performed
under this Agreement, including, but not limited to, the policies, procedures, rules and regulations
attached as Exhibits to this Agreement, and properly promulgated amendments to those Exhibits.
10. 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.
Commissioners Minutes Continued. July 31, 2008
659
11. 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 for its employees and/or agents 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.
12. 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.
13. 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.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the other
Party. A delegation, subcontract and/or assignment made without the prior written consent of the
other Party is void.
15. 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.
16. 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.
17. 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.
18. 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 department 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.
18.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Emergency
Response and Preparedness, 1200 N. Telegraph, County Service Center, Pontiac, MI 48341
and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph,
Building 12 East, Pontiac, Michigan 48341.
18.2 If Notice is sent to the Municipality, it shall be addressed to: The Chief Elected Official of the
Municipality at the address listed on the first page of this Agreement.
18.3 Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
19. GOVERNING LAW/CONSENT TO JURISDICTION. This Agreement shall be governed, interpreted,
and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule,
any action brought to enforce, interpret, or decide any Claim arising under or related to this
Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the Fifth
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.
20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by the Parties' governing
body.
Commissioners Minutes Continued. July 31, 2008
660
21. 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 including previous siren purchase agreements. 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.
_______________________________ __________________________
Authorized Agent of Municipality Date
_______________________________ __________________________
Chairperson, Oakland County Board of Date
Commissioners
FISCAL NOTE (MISC. #08153)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS – TORNADO
WARNING SYSTEM EXPANSION – CITY OF MADISON HEIGHTS
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 recognizes that the City of Madison Heights has issued a purchase agreement for
the purchase of one (1) warning siren and has requested to become part of the County’s centrally
activated tornado warning system.
2. The total cost of the siren is $23,000.
3. The City of Madison Heights has agreed to pay $17,250, seventy-five percent (75%) of the
estimated cost of the sirens.
4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $5,750.
5. Consistent with past agreements, the County will retain ownership and be responsible for the
maintenance and electrical costs for the sirens.
6. Funds are available in the Fiscal Year 2008 Emergency Response and Preparedness budget to
cover cost.
7. No additional budget amendments are necessary.
FINANCE COMMITTEE
Vote on resolutions on the Consent Agenda:
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
Commissioner Rogers stated there were no items to report on the Regular Agenda.
MISCELLANEOUS RESOLUTION #08140
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ZOOLOGICAL AUTHORITY
INTERLOCAL AGREEMENT WITH OAKLAND COUNTY TO REIMBURSE ELECTION EXPENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with Public Act 49 of 2008, the Oakland County Board of Commissioners
adopted Miscellaneous Resolution #08090, which established the Oakland County Zoological Authority
and adopted its Articles of Incorporation; and
Commissioners Minutes Continued. July 31, 2008
661
WHEREAS the Zoological Authority (“Authority”) provides a mechanism for providing public funding for
zoological services for the students, residents, and visitors to Oakland County; and
WHEREAS the Authority is authorized to utilize the property tax provisions of Public Act 49 of 2008, to place
before the electors of Oakland County at the Primary Election on August 5, 2008, the proposition of
establishing a 0.1 millage rate (10 cents per $1,000 taxable value) on real and personal property for ten (10)
years, being years 2008 through 2017, to support zoological services to benefit the residents of Oakland
County; and
WHEREAS Article V. Section 10 of the Oakland County Zoological Authority’s Articles of Incorporation
provide that, “Prior to any election proposing a tax levy in support of the Authority, the Authority shall
enter into a contract with the County of Oakland requiring the Authority to reimburse the County of
Oakland and the local government units within Oakland County for all costs incurred in connection with
the election”; and
WHEREAS the attached Interlocal Agreement requires the Oakland County Zoological Authority to fully
reimburse the County of Oakland for all election costs incurred in connection with the zoo millage
proposition on the August 5, 2008, Primary Ballot.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the adoption of the Interlocal Agreement, attached hereto, which provides that the Oakland
County Zoological Authority is to reimburse the County of Oakland and the local government units within
Oakland County for all election costs incurred in connection with the proposed millage on the Primary
Election of August 5, 2008.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board of Commissioners to sign the Interlocal Agreement.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Zoological Authority.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Agreement for Reimbursement of Election Costs between Oakland County and Oakland County
Zoological Authority on file in County Clerk’s office.
AGREEMENT FOR REIMBURSEMENT OF ELECTION COSTS BETWEEN OAKLAND COUNTY AND
OAKLAND COUNTY ZOOLOGICAL AUTHORITY
This Reimbursement of Election Costs Agreement (the “Agreement”) is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 (“County”),
and the Oakland County Zoological Authority, a public corporate body, (“Authority”). In this Agreement
the County shall be represented by the Oakland County Clerk, in her official capacity as a Michigan
Constitutional Officer. The County and the Authority may also be referred to jointly as “Parties”.
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501, et seq., and the Zoological Authorities Act, 2008 PA 49, MCL 123.1161, et seq., the County and
the Authority enter into this Agreement for the purpose of reimbursing the County for the actual costs it
incurs relative to an election approving an Authority sponsored tax proposal.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed
to written and executed modification, amendment, or addendum.
1.2. Authority means the Oakland County Zoological Authority, a Zoological Authority under
Public Act 49 of 2008 and an Authority under Section 6 of Article IX of the state constitution of
1963, including, but not limited to, its Council, Board, any and all of its departments, its
divisions, elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors, attorneys,
volunteers, and/or any such persons’ successors.
Commissioners Minutes Continued. July 31, 2008
662
1.3. 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.
1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.5. Municipalities mean the fifty-one cities or townships in Oakland County that conduct local
elections.
2. COUNTY RESPONSIBILITIES.
2.1. The County shall place on all County-wide ballots a tax proposal presented to the County
Clerk, by the Authority at least seventy-days prior to an election and meeting all other
requirements of Michigan Election law.
2.2. The County shall provide the Authority with an itemized list of the actual costs the County
incurs in an election where a majority of the electors in the county approve an Authority tax
proposal. The itemized list of costs shall be provided to the Authority no later than ninety (90)
days after the date of the election.
2.3. On behalf of County Municipalities, County shall provide the Authority with an itemized list of
the actual costs the Municipalities incur that are exclusively attributable to the election if a
majority of the electors in the county approve an Authority tax proposal. In the event that the
Authority tax proposal is not held in conjunction with a regularly scheduled election in a
municipality within Oakland County, and the voters approve the Authority tax proposal,
County shall also provide the Authority with an itemized list of the actual costs the
Municipalities incur in conducting the election.
3. AUTHORITY RESPONSIBILITIES.
3.1. Pursuant to MCL 168.646a, no later than seventy (70) days prior to each election in which the
Authority wishes to have a tax proposal appear on the ballot, the Authority shall provide the
County with a resolution of the Authority Board containing the language to be placed on the
ballot.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1 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. 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. An executed copy of this Agreement
and any amendments shall be filed by the County Clerk with the Secretary of State.
4.2 Unless extended by mutual, written agreement by both Parties, this Agreement shall remain in
effect for one (1) year from the date the Agreement is completely executed by all Parties or
until the Authority reimburses the County as provided herein, whichever event occurs first.
5. PAYMENTS.
5.1. The County shall prepare and forward to the Authority an itemized invoice for the actual costs
the County incurs pursuant to this Agreement. The Authority agrees to pay the full amount of
the actual costs shown on any such invoice within thirty (30) calendar days after the date
shown on any such invoice.
5.2. The Authority shall reimburse the Municipalities directly for the costs properly provided to it by
County herein on behalf of the Municipalities in accordance with MCL 123.1181.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents,
the costs associated with those acts, and the defense of those acts.
6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified
(i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to any
rights in this Agreement.
6.3. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
6.4. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
Commissioners Minutes Continued. July 31, 2008
663
7. LIMITATION OF LIABLITY. In no event shall either Party be liable to the other Party or any other
person, for any consequential, incidental, direct, indirect, special, and punitive or other damages
arising out of this Agreement.
8. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
9. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights
under the Agreement without the prior written consent of the other Party.
10. FORCE MAJEURE. Notwithstanding any other term or provision of this Contract, neither Party shall
be liable to the other for any failure of performance hereunder if such failure is due to any cause
beyond the reasonable control of that Party and that Party cannot reasonably accommodate or
mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire,
explosion, vandalism, any law, order, regulation, direction, action, or request of the United States
government or of any other government, national emergencies, insurrections, riots, wars, strikes,
lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected
Party of any such event.
11. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered,
sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and
addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S.
mail.
11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200
North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County
Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
11.2. If Notice is sent to the Authority, it shall be addressed to: Chairperson, Oakland County
Zoological Authority, C/O Director, Oakland County Board of Commissioners, 1200 North
Telegraph, Pontiac, Michigan 48341.
11.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
12. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court.
Except as otherwise required by law or court rule, venue is proper in the courts set forth above.
13. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes 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.
IN WITNESS WHEREOF, Jeff Hauswirth, Chairperson, Oakland County Zoological Authority, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Zoological Authority, a
certified copy of which is attached, to execute this Agreement on behalf of the Authority and hereby
accepts and binds the Authority to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE:______________
Jeff Hauswirth, Chairperson,
Oakland County Zoological Authority
WITNESSED:_____________________________________ DATE:______________
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Commissioners Minutes Continued. July 31, 2008
664
WITNESSED: _____________________________________ DATE: ______________
IN WITNESS WHEREOF, Ruth Johnson, in her official capacity as the Oakland County Clerk, a Michigan
Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: ______________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
WITNESSED: _____________________________________ DATE: _______________
FISCAL NOTE (MISC. #08140)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ZOOLOGICAL AUTHORITY
INTERLOCAL AGREEMENT WITH OAKLAND COUNTY TO REIMBURSE ELECTION EXPENSES
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. In accordance with Public Act 49 of 2008, the Oakland County Board of Commissioners adopted
Miscellaneous Resolution #08090, establishing the Oakland County Zoological Authority and
adopted its Articles of Incorporation.
2. The attached Interlocal Agreement requires the Oakland County Zoological Authority to fully
reimburse Oakland County for all election costs incurred in connection with the zoo millage
proposition on the August 5, 2008 primary ballot.
3. No General Fund/General Purpose amendment is recommended at this time.
FINANCE COMMITTEE
Moved by Long supported by Zack the resolution (with fiscal note attached) be adopted.
AYES: Coleman, Coulter, Crawford, Gershenson, Gingell, Gregory, Greimel, Hatchett, Jacobsen,
Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns. (22)
NAYS: Douglas, Gosselin. (2)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE OAKLAND COUNTY COMMUNITY
MENTAL HEALTH AUTHORITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancy on the Oakland County Community
Mental Health Authority, due to the death of Leon Pratnicki, General Public member, recommends the
appointment of the following individual for the remainder of a three-year term:
COMMUNITY MENTAL HEALTH AUTHORITY (3-year term ending 03/31/10)
Lois Shulman, General Public
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County
Clerk’s office.
Moved by Long supported by Kowall the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. July 31, 2008
665
Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.
Moved by Long supported by Kowall the appointment of Lois Shulman to the Oakland County Community
Mental Health Authority for a three year term ending March 31, 2010 be confirmed.
Vote on appointment:
AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the appointment was confirmed.
MISCELLANEOUS RESOLUTION #08155
By: Personnel Committee, Thomas Middleton, Chairperson
IN RE: MERIT SYSTEM BALLOT PROPOSAL LANGUAGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners established a merit system for the County’s employees with the
adoption of Miscellaneous Resolution #4551 on April 12, 1966, and Miscellaneous Resolutions #4606
and #4607 on September 19, 1966; and
WHEREAS on November 8, 1966 the voters of Oakland County approved the establishing of the merit
system for the employees of the County of Oakland; and
WHEREAS Article XI, Section 6 of the Constitution of the State of Michigan provides that a County by a
resolution of its governing body may modify a merit system to take effect upon approval by a majority of
the electors voting thereon; and
WHEREAS the Board of Commissioners on June 12, 2008, in Miscellaneous Resolution #08119
approved modifications to the merit system to be set before the voters for their consideration.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners determines that
these modifications should be submitted to the electors of the County of Oakland at the general
November election to be held on November 4, 2008, the following proposition:
“A PROPOSED MODIFICATION TO THE OAKLAND COUNTY MERIT SYSTEM COVERING THE
EMPLOYEES OF THE COUNTY OF OAKLAND THAT UPDATES THE SYSTEM FROM ITS
ORIGINAL 1966 VERSION AS EXPLAINED BY COUNTY RESOLUTION #08119.
The proposed modification would:
• Implement gender-neutral language.
• Update terms used to reflect the current composition of the County committees and Government.
• Clarify language to reflect the practice approved by the County to allow for top five scores on all
examinations, including ties or when scores are banded or grouped, when considering selection
for promotion into a vacancy.
• Remove language that lists Oakland County residency as a requirement for workers and
candidates to reflect current practice.
• Update language to allow for communications through means other than U.S. Mail (e.g. allow
electronic communications).
• Add a sixth member to the current Personnel Appeal Board and allow hearings to be conducted
with 3 members present (1 Board of Commissioner member, 1 employee-elected member, and 1
Member at Large) so two hearings can take place simultaneously. This would allow for quicker
resolution of appeals and reduce case backlog.
• Establish grounds and a procedure for recusal/disqualification of appeal board members on
particular hearings and establish a process for replacing the disqualified member.
Should this proposal be approved?”
YES ○ NO ○
BE IT FURTHER RESOLVED that the Oakland County Clerk provides a certified copy of this resolution to
its Election Division prior to August 26, 2008 with the directive that the above proposal be placed upon
the ballots for the November 4, 2008 general election.
Commissioners Minutes Continued. July 31, 2008
666
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Moved by Middleton supported by Potter the resolution be adopted.
AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns, Coleman, Coulter. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #08147
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (NATIONAL SHRINE OF THE LITTLE FLOWER PROJECT) - CITY OF
ROYAL OAK
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
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 Royal Oak, 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 correspondence from Butzel Long, Attorneys and Counselors, regarding Applicability of Article
VIII, Section 2 of the Michigan Constitution of 1963 to the Economic Development Corporation of the
County of Oakland and correspondence from Oakland County Corporation Counsel regarding EDC
Project No. 08-03 – National Shrine of the Little Flower (2008-0551) on file in County Clerk’s office.
FISCAL NOTE (MISC. #08147)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION – RESOLUTION
APPROVING PROJECT PLAN (NATIONAL SHRINE OF THE LITTLE FLOWER PROJECT) – CITY OF
ROYAL OAK
Commissioners Minutes Continued. July 31, 2008
667
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 finds:
1. Use of County resources will be 100% reimbursed by the Economic Development Corporation
and do not impose any fiscal implications to County funds.
FINANCE COMMITTEE
Moved by Douglas supported by Woodward the resolution (with fiscal note attached) be adopted.
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns,
Coleman, Coulter, Crawford. (23)
NAYS: Greimel. (1)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
MISCELLANEOUS RESOLUTION #08156
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER – GEORGE W. KUHN DRAINAGE DISTRICT DRAIN BONDS – FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen
WHEREAS the Drainage Board for the George W. Kuhn Drain, by resolution adopted on July 15, 2008,
authorized and provided for the issuance by the George W. Kuhn Drainage District of its Drain Bonds,
Series 2008H in the aggregate principal amount of not to exceed $9,100,000 to defray part of the cost of
the George W. Kuhn Drain; and
WHEREAS the Drain Bonds, Series 2008H will not exceed in the aggregate $9,100,000, will be dated as
of such date, will bear interest at such rates not to exceed 8% per annum, will be in the aggregate
principal amount, will mature in such years and principal amounts, and will be subject to redemption prior
to maturity as shall be determined by the Oakland County Drain Commissioner as Chairperson of the
Drainage Board for the George W. Kuhn Drainage District; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Drain Bonds, Series 2008H (the "Bonds"); and
WHEREAS the George W. Kuhn Drain is necessary to protect and preserve the public health and,
therefore, it is in the best interest of the County that the Bonds be sold.
NOW THEREFORE BE IT RESOLVED that:
1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
the County for the prompt payment of the principal of and interest on the Drain Bonds, Series
2008H not to exceed in the aggregate $9,100,000, and agrees that, in the event the public
corporations assessed for the cost of the George W. Kuhn Drain shall fail or neglect to account to
the County Treasurer of the County for the amount of any special assessment installment and
interest when due, the amount thereof shall be advanced immediately from County funds, and the
County Treasurer is directed to make such advancement to the extent necessary.
2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an installment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
remedies permitted or authorized by law for the reimbursement of such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants, is authorized
to file with the Department of Treasury of the State of Michigan on behalf of the County an
Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds.
4. The County Treasurer is authorized, if necessary, to approve the circulation of a preliminary and
final official statement for the Bonds, to cause the preparation of those portions of the preliminary
and final official statement that pertain to the County, and to do all other things necessary for
Commissioners Minutes Continued. July 31, 2008
668
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to
do all other things that are necessary to effectuate the sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and
on behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). To the extent a Continuing Disclosure Certificate is executed and
delivered, the County hereby covenants and agrees that it will comply with and carry out all of the
provisions of such Continuing Disclosure Certificate. The remedies for any failure of the County
to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set
forth therein.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #08122)
BY: Finance Committee, Mike Rogers Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY COURT APPOINTED ATTORNEYS’
ANNUAL SALARY INCREASE
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
The Finance Committee, having reviewed the above-mentioned resolution on July 23, 2008 reports with
the recommendation that the Now Therefore Be It Resolved paragraph be amended as follows:
“NOW THERFORE BE IT RESOLVED that the FISCAL YEAR 2009 and FISCAL YEAR 2010 general
salary fee increases for Oakland County Circuit Court and Family Probate Court appointed attorneys
match the FISCAL YEAR 2009 and FISCAL YEAR 2010 general salary increases of Oakland County
employees, effective as of the adoption of this resolution.”
It is also recommended the title of the resolution read,
“BOARD OF COMMISSIONERS – OAKLAND COUNTY COURT APPOINTED ATTORNEYS’ ANNUAL
SALARY FEE INCREASE”
FINANCE COMMITTEE
REPORT (MISC. #08122)
BY: Public Services Committee, Jeff Potter, Chairperson
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:
The Public Services Committee having reviewed Miscellaneous Resolution #08122 on July 8, 2008,
reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
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
Commissioners Minutes Continued. July 31, 2008
669
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.
DAVID WOODWARD, TIM GREIMEL, HELAINE
ZACK, DAVID COULTER, JIM NASH, KAREN
SPECTOR, MARCIA GERSHENSON,
VINCENT GREGORY, DAVID POTTS, TIM
BURNS, MATTIE HATCHETT
FISCAL NOTE (MISC. #08122)
BY: Finance Committee, Mike Rogers Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY COURT APPOINTED ATTORNEYS’
ANNUAL SALARY INCREASE
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Miscellaneous Resolution #08122 provides an increase to Court Appointed Defense Attorneys
and Guardians Ad Litem which would be equivalent to the percentage of the general salary
increase provided to County employees.
2. If the 1% general salary increase included in the Fiscal Year 2009 County Executive
Recommended Budget is adopted by the Oakland County Board of Commissioners, then the total
cost of the 1% Court Appointed attorney fee increase will be $54,985 for Fiscal Year 2009.
3. The County Executive Recommended Budget for Fiscal Year 2010 includes a 2% general salary
increase, which if adopted, a similar 2% increase in Court Appointed attorney fees would result in
an additional increase of $109,276 in Fiscal Year 2010. The total compounded cost increase for
Fiscal Year 2010 is $164,261.
4. The cumulative budget increase for Fiscal Year 2009 and Fiscal Year 2010 totals $219,246.
5. Beyond Fiscal Year 2009 and Fiscal Year 2010, Miscellaneous Resolution #08122 as introduced
purports to guarantee Court Appointed Defense Attorneys future budgetary increases in fees
equal to any future percentage increase in general salaries adopted by the Board of
Commissioners. However, future Boards’ of Commissioners are free to act in accordance with
their discretion.
6. A budget amendment will be recommended during the Fiscal Year 2009 and Fiscal Year 2010
budget cycle.
FINANCE COMMITTEE
Moved by Potter supported by Potts the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Potts the Finance Committee Report and Public Services Committee
Report be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Potter supported by Potts the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Commissioners Minutes Continued. July 31, 2008
670
Moved by Greimel supported by Coulter the resolution be amended as follows:
“NOW THEREFORE BE IT RESOLVED that the FY 2009 and FY 2010 general salary fee
increases for Oakland County Circuit Court and Family Probate Court appointed attorneys match the
FY 2009 and FY 2010 general salary increases of Oakland County employees in FY 2009, in FY
2010 and in all future fiscal years, so long as counties in the State of Michigan are responsible
for paying court-appointed attorneys, effective as of the adoption of this resolution.”
Discussion followed.
Vote on amendment:
AYES: Gershenson, Gregory, Greimel, Hatchett, Nash, Spector, Woodward, Zack, Burns,
Coleman, Coulter. (11)
NAYS: Gingell, Gosselin, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott,
Bullard, Crawford, Douglas. (13)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution, as amended:
AYES: Gingell, Gregory, Greimel, Hatchett, Kowall, Nash, Potter, Potts, Rogers, Spector,
Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson. (19)
NAYS: Gosselin, Jacobsen, Long, Middleton, Scott. (5)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
MISCELLANEOUS RESOLUTION #08157
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - DEVELOPMENT OF
AN OBJECTIVE PRETRIAL ASSESSMENT TOOL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the purpose of setting bail is to ensure a defendants appearance in court and to mitigate any
risk of rearrest or dangerousness; and
WHEREAS Pretrial Services gathers and verifies information for the judicial officer regarding factors that
must be taken into consideration under MCR 6.106 when setting bail; and
WHEREAS MCR 6.106 lists these factors, but does not indicate how these factors identify defendants
who are at most and least risk of pretrial failure; and
WHEREAS the assessment of risk should be determined through a standardized, objective tool; and
WHEREAS an objective pretrial assessment tool gives predictive value in identifying those defendants
whom are at most and least risk of pretrial failure; and
WHEREAS research shows that agencies who use only a subjective method of assessing risk are more
than twice as likely to have a jail population that exceeds its capacity; and
WHEREAS Oakland County Pretrial Services has never used an objective tool; and
WHEREAS the pretrial population at the Oakland County Jail is generally about 40%; and
WHEREAS an objective pretrial assessment tool could assist the criminal justice system in identifying
defendants within our jail that may be able to be safely released into the community thereby freeing jail
beds for convicted and dangerous offenders; and
WHEREAS the Capital and Cooperative Initiatives Revolving Fund (CCIRF) was established pursuant to
Miscellaneous Resolution # 07216; and
WHEREAS the CCIRF is designed to be used for projects that “support the initiatives that impact the
services provided to Oakland County residents through the County government and the various cities,
villages, and townships within the County”; and
WHEREAS Pretrial Services is a service provided by county government which is offered to all the cities,
villages and townships of Oakland County through the respective District Courts; and
Commissioners Minutes Continued. July 31, 2008
671
WHEREAS the creation of an objective pretrial risk assessment would significantly affect the service
provided to residents that have need of our service; and
WHEREAS the proposal for the development of an assessment was approved by the Oakland County
District Court Judges Association, with a majority of non-fifty second courts supporting the proposal; and
WHEREAS this project meets all the requirements for use of CCIRF funding.
NOW THEREFORE BE IT RESOLVED that $75,000 is allocated from the Capital Cooperatives and
Initiatives Revolving Fund (CCIRF) for the purpose of contracting with a qualified vendor to develop an
objective pretrial assessment tool.
BE IT FURTHER RESOLVED that the development of this tool may also include recommendations
regarding the streamlining of case processing.
Chairperson, on behalf on the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08158
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE VILLAGE OF BEVERLY HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on
December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of
the Sheriff; and
WHEREAS as part of the policy and operational control on NET, the County and the local units have
agreed upon the attached Interlocal Agreement (M.R. # 01024); and
WHEREAS the Village of Beverly Hills is requesting to join the Oakland County Narcotics Enforcement
Team; and
WHEREAS the Village of Beverly Hills has agreed to the attached Interlocal Agreement between the
Village and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to allow the Village of Beverly Hills to
participate in NET and have agreed to the attached Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement with The Village of Beverly Hills and authorizes the Chairperson of the
Board to sign the agreement.
BE IT FURTHER RESOLVED that one unmarked vehicle with radio and prep be added to the County
fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Narcotic Enforcement Team between Oakland County and the Village of Beverly
Hills on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08159
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT AND PROBATE COURT – FISCAL YEAR 2008 CIRCUIT AND PROBATE
COURT’S REPLACEMENT OF COURT REPORTERS WITH AUDIO VIDEO DIGITAL COURT
RECORDING SYSTEMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit and Probate Courts are committed to administering justice while working to
improve the quality and efficiency of their operations; and
Commissioners Minutes Continued. July 31, 2008
672
WHEREAS the Circuit and Probate Courts currently have sixteen (16) fully operational Digital Court
Recording Systems in judicial courtrooms and five (5) in referee hearing rooms within the Courthouse;
and
WHEREAS the Circuit Court has decided to eliminate one (1) Court Reporting Position (Position #2079,
Effective 10/1/08) and replace it with one (1) Digital Recording System; and
WHEREAS the Circuit Court has decided to eliminate two (2) Court Reporting Positions (Position #2287
and 3641, Effective 10/1/09) and replace them with two (2) Digital Recording Systems; and
WHEREAS the Probate Court has decided to eliminate one (1) Court Reporting Position (Position #1274,
Effective 1/1/09) and replace it with one (1) Digital Recording System; and
WHEREAS the Equipment Fund will begin charging replacement costs to the Circuit and Probate Courts
to ensure funds will be available upon retiring the equipment; and
WHEREAS the total amount charged to the Circuit and Probate Courts will include replacement cost,
maintenance contract and an anticipated replacement cost increase; and
WHEREAS the Equipment Fund is responsible for all incidental replacements and the support contract;
and
WHEREAS the estimated cost of the equipment and installation is $200,000; and
WHEREAS a support contract will be needed to maintain the systems with an approximate cost per
system is $3,000 per year; and
WHEREAS the useful life of a system is five (5) to ten (10) years; and
WHEREAS no additional expertise will be required to maintain the operations of the four (4) new systems
and there will be no disruption in court operations during the installation; and
WHEREAS the Courts plan to have all four (4) systems installed and operational by no later than January
1, 2009.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
one time appropriation from the Designated Fund Balance for the purchase of four (4) Audio Video Digital
Court Recording Systems.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08160
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/CIVIL/CRIMINAL AND FAMILY 2008 ADULT AND JUVENILE DRUG COURT
REORGANIZATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court has reviewed their current business practices and identified several changes
that could be made to increase efficiency and lower the operational costs without impacting the services
currently provided to clients of the Adult and Juvenile Drug Court programs; and
WHEREAS with diminishing Federal and State funding and two impending Community Service
Coordinator vacancies in the Adult and Juvenile Drug Courts; and
WHEREAS the Circuit Court proposes to combine the Adult and Juvenile Drug Program Courts by
combining the duties of both the Adult Drug Court Community Service Coordinator and the Juvenile Drug
Court Community Coordinator into one position by upwardly reclassifying a Community Service
Coordinator position to a Youth and Family Casework Supervisor position; and
WHEREAS due to the implementation of the DCCMIS system through SCAO and to meet reporting
requirements, the Circuit Court requests to delete the SR part-time non-eligible Technical Aide position
and replace it by creating a SR full-time eligible Technical Assistant position; and
WHEREAS to offset the cost of the upgrades, the Circuit Court requests to delete one (1) SR Community
Service Coordinator position in the Circuit Court Civil/Criminal Division.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
reorganization of the Circuit Court as follows:
1. To upwardly reclassify SR position #3010402-09712 from Community Service Coordinator (salary
grade 11) to Youth and Family Casework Supervisor (salary grade 14); and
Commissioners Minutes Continued. July 31, 2008
673
2. To create a SR full-time eligible Technical Assistant (salary grade 8) position in the Family Court
Services unit (3010402) of the Circuit Court Family Division (30104); and
3. To delete a SR part-time non-eligible Technical Aide (excepted from salary plan) position
#3010402-09836 in the Circuit Court Family division; and
4. To delete a SR full-time eligible Community Service Coordinator (salary grade 11) position
#3010301-09837 in the Circuit Court Civil/Criminal division.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Personnel and Finance Committees. There were no
objections.
MISCELLANEOUS RESOLUTION #08161
BY: Commissioners David Coulter, Dave Woodward, Vincent Gregory, David W. Potts, Mattie Hatchett
and Helaine Zack
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE WOODWARD AVENUE ACTION
ASSOCIATION (WA3) PARTICIPATION IN THE CENTERS FOR REGIONAL EXCELLENCE
PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners support the proposal the Woodward Avenue
Action Association (WA3) to participate in the Centers for Regional Excellence Program to collaborate in
the development of the Woodward Economic Development Tool; and
WHEREAS the Oakland County Board of Commissioners agrees to designate a representative to
participate in discussions for the purpose of creating this tool for Woodward Avenue communities; and
WHEREAS the Oakland County Board of Commissioners has demonstrated a commitment to regional
cooperation through its membership in the Woodward Avenue Action Association. We recognize the
importance of participating in regional collaborations to enhance economic development along Woodward
Avenue; and
WHEREAS to achieve community support in this effort, the Oakland County Board of Commissioners will
ensure that the citizens will be kept informed about the process, and given opportunities for input; and
WHEREAS the Woodward Avenue Action Association has been awarded a grant from the Comerica
Charitable foundation for the development of a Woodward Economic Development Tool and are now
seeking additional funding for this project from the Centers for Regional Excellence (CRE); and
WHEREAS the Woodward Economic Development Tool will produce an innovative web-based
Geographic Information Systems (GIS) program that will be accessible through the WA3 website. This will
allow Woodward property owners, developers, and others to see where various programs (such as
façade improvement and other business assistance) and economic incentives are offered along the
byway; and
WHEREAS the improvements of the Woodward Avenue corridor will benefit not only the communities
along Woodward Avenue, but all of Oakland County and the region of Southeast Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the efforts of the Woodward Avenue Action Association and finds that the Woodward Economic
Development Tool will be a great asset and economic development tool for our county and the region.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the positive
consideration of the request from the Woodward Avenue Action Association for the Centers for Regional
Excellence grant funding.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Woodward Avenue Action Association, the Centers for Regional Excellence, the
Governor of the State of Michigan, the Oakland County delegation to the Michigan Legislature, Wayne
County Commissioners, Macomb County Commissioners, the Mayor and City Council for the City of
Detroit and Oakland County’s legislative lobbyists.
Commissioners Minutes Continued. July 31, 2008
674
Chairperson, we move the adoption of the foregoing resolution.
DAVID COULTER, DAVE WOODWARD,
VINCENT GREGORY, DAVID POTTS, MATTIE
HATCHETT, HELAINE ZACK, TIMOTHY
GREIMEL, JIM NASH, TIM BURNS, MARCIA
GERSHENSON, KAREN SPECTOR, TOM
MIDDLETON, JEFF POTTER, MICHAEL
GINGELL, BRADFORD JACOBSEN, JOHN
SCOTT, EILEEN KOWALL, SUE ANN
DOUGLAS, HUGH CRAWFORD
Moved by Coulter supported by Potts to waive the requirement to have the resolution presented to the
Republican Caucus and to suspend the rules and vote on MISCELLANEOUS RESOLUTION #08161 –
BOARD OF COMMISSIONERS – SUPPORT FOR THE WOODWARD AVENUE ACTION
ASSOCIATION (WA3) PARTICIPATION IN THE CENTERS FOR REGIONAL EXCELLENCE
PROGRAM.
Discussion followed.
Vote on motion to waive the requirement and suspend the rules:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter,
Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford,
Douglas, Gershenson, Gingell. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to waive the requirement to have the resolution
presented to the Republican Caucus and to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08161 – BOARD OF COMMISSIONERS – SUPPORT FOR THE WOODWARD
AVENUE ACTION ASSOCIATION (WA3) PARTICIPATION IN THE CENTERS FOR REGIONAL
EXCELLENCE PROGRAM carried.
Discussion followed.
Moved by Coulter supported by Potts the resolution be adopted.
AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts,
Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas,
Gershenson, Gingell, Gosselin. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
The Board adjourned at 10:31 a.m. to the call of the Chair or August 21, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson
1
(NOTE: THE FOLLOWING IS THE CORRECT AGREEMENT FOR MR #08135)
CLEMIS E-COMMERCE SERVICES AGREEMENT
This CLEMIS E-COMMERCE SERVICES AGREEMENT, (hereafter, this "Contract") is made and entered
into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the
____________(District Court No. Name)________________, a division of Michigan’s one court of justice
whose address is: __________________ (Court Address) ________________________, Michigan
___(Court Zip)____ (hereafter, the " Court"). In this Contract, either the County and/or the Court may also
be referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The Court, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not
limited to, the Revised Judicature Act of 1961 (MCL 600.101, et seq.) is required to collect fines, fees,
and costs for civil infractions committed within its jurisdiction.
B. The County has developed an E-Commerce program that permits persons to pay fines, fees, and
costs for civil infractions by credit cards or electronic checks over the Internet.
C. The Court has accepted the County’s offer to use the E-Commerce Program and has requested that
the County provide “Information Technology Department Assistance Services" (hereafter “Services”)
described and defined below, and, in return will reimburse the County as provided for in 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 Court agree as follows:
§1. DEFINED TERMS In addition to the terms defined above, t the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or plural,
nominative or possessive, and/or either with 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. “Information Technology Department Personnel” shall be defined as a specific subset of
County Agents and shall be further defined as any and all County Agents specifically
employed and assigned by the County to work in the Information Technology Department as
shown in the current County budget and/or personnel records of the County.
1.3. "Court Agent" or "Court Agents", shall be defined to include any and all Court officers, elected
officials, employees, managers, departments, divisions, volunteers, agents, representatives,
and/or any such persons' successors or predecessors, agents, employees, attorneys, or
auditors (whether such persons act or acted in their personal, representative, or official
capacities), and/or any and all persons acting by, through, under, or in concert with any of
them. No County Agent shall be deemed a Court Agent and conversely, no Court Agent shall
be deemed a County Agent. "Court Agent" shall also include any person who was a Court
Agent at any time during this Contract but for any reason is no longer employed, appointed,
or elected in that capacity.
1.4. "Claim(s)" 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
2
any County Agent, or any Claim(s) for which the County and/or any County Agent may
become legally and/or contractually obligated to pay or defend against, or any other liabilities
of any kind whatsoever, whether direct, indirect or consequential, whether based upon any
alleged violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened and arising out of any alleged breach of any duty by the County
and/or any County Agent to any third-person, the Court, including any Court Agent or any E-
Commerce Customer under or in connection with this Contract or that are based on or result
in any way from the County’s and/or any County Agent’s participation in this Contract.
1.5. “E-Commerce Customers” shall be defined as any and all persons who admit responsibility
for a civil infraction and pay or attempt to pay the fine assessed by the Court pursuant to
State law or Local Ordinance, via the Internet.
§2. COUNTY INFORMATION TECHNOLOGY DEPARTMENT SERVICES The Parties agree that the
complete scope of any and all County Information Technology Department Assistance Services shall
be as described and limited in the following subsections.
2.1.1. The County will provide, host and maintain an “E-Commerce” System Internet
connection where E-Commerce Customers can pay fines due on civil infractions, by
credit card or electronic check.
2.1.2. The County shall maintain and support, at no cost to the Court, all transmission
services and Internet service provider services necessary to maintain the “E-
Commerce” System and allow the processing of current fine payments via the
Internet.
2.1.3. The County shall provide all technical support with respect to E-Commerce Customer
questions regarding the payment procedures. However, the County but shall refer all
questions regarding the amount of fines due or owing directly to the Court.
2.1.4. The County shall provide the Court with a secondary Website, password protected,
where the Court can issue E-Commerce Customer credits, including but not limited to
refunds, as may be required and view daily, weekly, and monthly transactions
processed through the County’s “E-Commerce” system.
2.1.5. The County shall secure and protect customer data according to its contractual
obligations and reasonable business standards and practices.
2.1.6. The County shall be responsible for the cost of software licenses required to carry out
the terms of this contract.
§3. TERM OF CONTRACT The term of this Contract shall begin on the effective date of this Contract, as
provided herein, and shall continue until terminated or cancelled as provided in Section §11 of this
Contract. Any and all Services otherwise provided to the Court prior to the effective date of this
Contract, shall be subject to the terms and conditions provided for herein.
§4. NO TRANSFER OF COURT LEGAL OBLIGATIONS TO COUNTY This Contract does not, and is not
intended to, transfer, delegate, or assign 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 Court under any applicable Laws, Ordinances or Court Rules to the County.
§5. NO WAIVER OF GOVERNMENTAL IMMUNITY Notwithstanding any other term or condition in this
Contract, 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 for that
Party and/or any of that Party's Agents.
§6. FINANCIAL ARRANGEMENTS TO REIMBURSE THE COUNTY FOR THE “E-COMMERCE”
SERVICES
6.1. In order to avail themselves of the convenience of the “E-Commerce” Service, E-Commerce
Customers shall be required to pay, in addition to their payment of current fines, an additional
“Convenience Fee.” This “Convenience Fee” shall be added to the amount an E-Commerce
Customer remits to the Court for the payment of any current fine and shall be deposited along
with any fine payment into the designated Court bank account.
6.2. The “Convenience Fee” for payment by credit card or electronic check charged to any E-
Commerce Customer shall be in an amount as either now established, by the Oakland
County Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, Oakland
County Board of Commissioner Minutes, May 24, 2007, p. 246) or as may be hereafter
revised by the Oakland County Board of Commissioners. Currently the “Convenience Fee”
3
for credit card payment of a fine of $200.00 is $8.25 and the “Convenience Fee” for payment
by electronic check is $2.50.
6.3. Except as provided below, the Court shall remit and pay to the County any and all moneys
and amounts received, deposited, or transferred into any Court depository bank account as a
“Convenience Fee” charged to or paid by any E-Commerce Customer for use of the “E-
Commerce” Service.
6.3.1. From each and every “Convenience Fee” received by the Court for use of the “E-
Commerce” Service, and due and payable to the County, the County will deduct the
actual amount, which shall not exceed the amount of the “Convenience Fee,” the
Court was charged as a “Merchant Service Fee” (currently approximately 1.8% of the
total credit card or electronic check transaction amount paid by the E-Commerce
Customer) by the Court’s third party “payment processing company” and generate
and mail an invoice for the amount to the Court within 15 days of the end of every
quarter. The end of a quarter shall be the last day of March, June, September, and
December.
6.3.2. “Merchant Service Fees” are only those expenses actually incurred and paid by the
Court for the basic cost and expense of transferring E-Commerce Customers’ funds
into the Court depository bank account. They do not include any other costs or
expenses that may be incurred by the Court in conjunction with “E-Commerce”
Services including, but not limited to, any fines, penalties, interest, credit card
“chargebacks” and/or any other possible costs or expenses incurred by the Court
under its contract to the Court’s third party “payment processing company”.
6.4. The Court will pay by check, payable to the County, or Electronic Fund Transfer to the
County all amounts due and owing the County within thirty (30) calendar days following
receipt of every quarterly invoice.
§7. LIABILITY The County shall not be liable to the Court and/or E-Commerce Customer for any and all
Claim(s), except as otherwise expressly provided for in this Contract.
7.1. This Contract does not and is not intended to create or include any County warranty,
promise, covenant, or guaranty, either express or implied, of any kind or nature whatsoever,
in favor of the Court, and/or any Court Agents, or any E-Commerce Customer, or any other
person or entity; or that the County’s performance under this Contract will result in any
specific monetary benefit or efficiency, or increase in any revenue for the Court.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract neither Party shall be liable to the other for any indirect, incidental,
special or consequential damages, including, but not limited to any replacement costs for
County Services, any loss of income or revenue, and/or any failure to meet any obligation
under any applicable State Laws, Local Ordinances or any other economic benefit or harm
that the Party may have realized, but for any alleged breach, wrongful termination, default
and/or cancellation of this Contract
§8. COURT AGENTS AND COOPERATION WITH THE COUNTY The Court shall be solely and
exclusively responsible for ensuring that all Court Agents fully cooperate with Information Technology
Department Personnel in the performance of all County Services under this Contract.
8.1. The Court agrees that, as a condition precedent to County performance of credit card
payment Services under this Contract, the Court shall establish and maintain an agreement
for credit card processing services with the entities currently providing credit card processing
services for the “E-Commerce” System, PayPal Inc. and Evalon, Inc. The Court shall
maintain a corresponding depository bank account, with a depository financial institution
acceptable to the County, for the receipt of Court fines.
8.2. The Court agrees that, as a condition precedent to County performance of electronic check
payment Services, the Court shall establish and maintain an agreement for electronic check
processing services with the entities currently providing electronic check processing services
for the E-Commerce program, ACH Direct, Inc. The Court shall maintain a corresponding
depository bank account, with a depository financial institution acceptable to the County, for
the receipt of Court fines.
8.3. The County’s Services under this Contract are possible, in part, because of services provided
by PayPal Inc., Evalon, Inc., and. ACH Direct Inc. The Court agrees that neither it nor any
Court Agent shall act or fail to act, either directly or indirectly, in a manner to cause any
4
purported breach in any term or condition in any agreement between the County and any
third party provider of any goods or services underlying the County’s ability to provide
services under this Contract.
8.4. If the County enters into an agreement for credit card or electronic check payment processing
services with entities other than those providing these services on the effective date of this
Contract, the Court shall, as a condition precedent to continued County performance of
Services, establish and maintain an agreement for credit card or electronic check payment
processing services with the entities providing such services for the E-Commerce program at
that time. The Court shall provide the County with all necessary bank account and routing
numbers to give effect to this Contract.
§9. INDEPENDENT CONTRACTOR At all times and for all purposes, the County's and/or County
Agents' legal status and relationship to the Court 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. INDEMNIFICATION The Court 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 Court agrees to indemnify and hold the
County and/or County Agents harmless from and against any and all Claim(s) imposed upon,
incurred by, or asserted against the County and/or County Agents by any Court Agent under any
circumstances or by any person based upon, resulting from, or arising from, or in any way related to
any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Court and/or any
Court Agent.
§11. CANCELLATION OR TERMINATION OF THIS CONTRACT Either Party, upon thirty (30) calendar
days written notice to the other Party, may cancel and/or terminate this Contract for any reason,
including convenience, without incurring any penalty, expense, or liability to the other Party. The
effective date for any such termination is to be clearly stated in the notice.
11.1. At 5:00 p.m. on the effective date of the cancellation, all Court and/or County
obligations under this Contract, except those rights and obligations expressly
surviving cancellation, shall end.
11.2. The County’s ability to provide the Services contemplated in this Contract depends
upon current contractual relationships between the County and third party software
and credit card and electronic check processing companies. If for any reason one or
more underlying third party contractual relationships terminate, the County’s
obligation to provide any Services under this Contract shall also end, immediately,
and without any minimum notice requirement.
11.3. Any and all Court obligations, including, but not limited to, any and all indemnification
and hold harmless promises, waivers of liability, record-keeping requirements, any
Court payment obligations to the County, and/or any other related obligations
provided for in this Contract that occurred before the cancellation or completion of
this Contract, shall survive the cancellation or completion of this Contract.
§12. EFFECTIVE DATE, CONTRACT APPROVAL AND AMENDMENT This Contract, and/or any
subsequent amendments, shall become effective when signed by the Court and authorized by
resolution of the Oakland County Board of Commissioners. The approval and terms of this Contract,
and/or any subsequent amendments, shall be entered in the official minutes of the Oakland County
Board of Commissioners and shall also be filed with the office of the Clerk of the County.
§13. CONTRACT AMENDMENTS Any modifications, amendments, recessions, waivers or releases to
this Contract must be in writing and agreed to by both Parties. The modification, amendment,
recession waiver or release shall be signed by an expressly authorized Court Agent and by a County
Agent authorized by the Oakland County Board of Commissioners.
§14. NO THIRD-PARTY BENEFICIARIES 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, 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 Court Agent or any E-
Commerce Customer, any E-Commerce Customer’s legal representative, any organization, any
alleged unnamed beneficiary or assignee, and/or any other person.
5
§15. CAPTIONS The section headings or titles and/or all section numbers 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.
§16. NOTICES Any and all correspondence, invoices, or any other written notices required, permitted or
provided for under this Contract shall be sent by first class mail. All written notices, including any
notice canceling or terminating this Contract, shall be sent to the other Party's signatory or that
Party’s successor in office to this Contract, 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.
§17. 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.
§18. FORCE MAJEURE (Events Beyond The Parties’ Control) Neither Party shall be liable to the other for
any failure of performance hereunder if such failure is due to any cause beyond the reasonable
control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any
such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any
law, order, regulation, direction, action, or request of the United States government or of any other
government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or
other labor difficulties, or the failure of any underlying contractual arrangement with any anticipated
third-party provider of goods, services, software, including any condition precedent necessary to
implement this Contract. Reasonable notice shall be given to the affected Party of any such event.
The Court is expected, through alternative temporary or emergency service arrangements, to
continue any Court fine collection obligations.
§19. ENTIRE CONTRACT This Contract, consisting of a total of ___ pages, sets forth the entire
agreement between the County and the Court. It supersedes any and all prior agreements or
understandings between them in any way related to the subject matter hereof. The terms and
conditions herein are contractual and are not a mere recital. There are no other agreements,
understandings, contracts, or representations between the County and the Court in any way related
to the subject matter hereof. This Contract shall not be changed or supplemented orally and may be
amended only as 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, _____ (The Chief Judge of the Court) ___________ hereby acknowledges that
_____ is authorized to execute this Contract on behalf of the Court and hereby accepts and binds the
Court to the terms and conditions of this Contract.
EXECUTED: __________________________ DATE: __________________
Chief Judge
WITNESSED:__________________________ DATE: __________________
Court Administrator
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland