HomeMy WebLinkAboutMinutes - 2008.09.04 - 8465704
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 4, 2008
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:34 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector,
Woodward, Zack. (22)
EXCUSED ABSENCE WITH NOTICE: Clark, Crawford, Potter. (3)
Quorum present.
Invocation given by Eileen Kowall.
Pledge of Allegiance to the Flag.
Moved by Middleton supported by Gregory the minutes of the August 21, 2008, Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Kowall supported by Coulter the agenda be approved as printed.
AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Deputy County Clerk/Register of Deeds James H. VanLeuven read a letter of resignation from Mary E.
Eddy of the Michigan Department of Human Services. The communication was received for filing.
Commissioner Sue Ann Douglas, along with Chairperson Bill Bullard, Jr., presented a Proclamation
honoring Sgt. Shawn M. Wilson, whose actions reflected the highest traditions of the Marine Corps and
the United States Naval Service. For his heroism, then Corporal Wilson was promoted to Sergeant, and
awarded the Bronze Star for his bravery and heroism.
Commissioner Sue Ann Douglas, along with Chairperson Bill Bullard, Jr. and the rest of the Oakland
County Board of Commissioners, presented a Proclamation honoring Eric and Carol Wilson, the parents
of Sergeant Shawn M. Wilson, for instilling in their son the love of country, the value of service, the
commitment to help others and the meaning of true courage and patriotism.
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Eric Wilson addressed the Board.
Dr. Grenae Dudley-White gave a presentation and updates regarding the Oakland County Board of Social
Services. Commissioners Gingell and Coleman addressed Dr. Dudley-White. She answered questions
from Commissioners and the public.
The following people addressed the Board: Christopher Cummins of the Oakland County Historical
Commission, Mike Smith, Alice Benbow and Bruce Fealk.
Moved by Long supported by Middleton 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 749. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #08175
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL
OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF FARMINGTON, CITY OF PONTIAC AND THE CHARTER TOWNSHIP OF ROYAL OAK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services to local units of government including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS revenues and expenditures associated with the services for these contracts are included in
the Fiscal Year 2008 budget, and therefore, no budget amendment is recommended; and
WHEREAS several contracts are anticipated to be renewed, generating approximately $65,622 in
additional revenue, which has been incorporated into the Fiscal Year 2009 and Fiscal Year 2010 County
Executive Recommended Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into contracts for Oakland County Equalization Division Assistance Services covering
the term July 1, 2008 thru June 30, 2009 with the City of Farmington, City of Pontiac, and the Charter
Township of Royal Oak, all of which have been signed by their respective authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these
contracts.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts
with the concerned units of government as required by law.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF FARMINGTON (personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF FARMINGTON (hereafter, this “Contract”) is made and entered into between the COUNTY
OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the CITY OF FARMINGTON , a
Michigan Constitutional and Municipal Corporation whose address is 23600 Liberty Street, Farmington,
Michigan 48335 (hereafter, the “Municipality”). In this Contract, either the County and/or the Municipality
may also be referred to individually as a “Party” or jointly as “Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the “State”), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
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B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
of the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality’s geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County’s Equalization Division assistance in performing the
“Equalization Division Assistance Services” (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services” under the
terms and conditions of this Contract.
NOW THEREFORE in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., “Contract”, “County”, “Municipality”,
“Party” and “Parties”, and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1. “County Agent” or “County Agents” shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons’ successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in
their personal representative or official capacities), and/or any persons acting by, through, under,
or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein. “County Agent” and/or “County Agents” shall also include any person who was a
County Agent anytime during the term of this Contract but, for any reason, is no longer employed,
appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and shall be further
defined as any and all County Agents specifically employed and assigned by the County to work
in the Equalization Division of the County’s Department of Management and Budget as shown in
the current County budget and/or personnel records of the County. For any and all purposes in
this Contract, any reference to County Agents shall also include within that term any and all
Equalization Division Personnel, but any reference in this contract to Equalization Division
Personnel shall not include any County Agent employed by the County in any other function,
capacity or organizational unit of the County other than the Equalization Division of the
Department of Management and Budget.
1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all Municipality
officers, elected officials, appointed officials, directors, board members, 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,
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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 the Municipality, including any Municipality Agent or any Municipality Taxpayer
under or in connection with this Contract or are based on or result in any way from the County’s
and/or any County Agent’s participation in this Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or
taxable entities within the Municipality, or their representatives or agents, who may be liable or
responsible for any property taxes assessed by the Municipality pursuant to any applicable State
Property Tax Laws.
1.6. “State” shall be defined as the “State of Michigan,” a sovereign governmental entity of the United
States, and shall also include within its definition any and all departments or agencies of State
government including specifically, but not limited to, the State Tax Commission the State Tax
Tribunal and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or “Services”).
2.1.“EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED
“Equalization Division Assistance Services” or “Services”, to be performed by County for the
Municipality as those terms are defined in this Contract, shall only include and shall be limited to
the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property through the 2009
tax year as required by laws of the State of Michigan. The County agrees to make
assessments of personal property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal property, process all
personal property description changes, and will audit where necessary to insure and
establish accurate appraisals on all taxable personal property. The Equalization Division
personnel will review all statements and extensions, make valuation recommendations to
the assessor in the absence of a prepared personal property statement and load all
values on the computer for the assessment roll. All Board of Review changes will be
processed on the personal property section of the assessment roll and balanced to insure
there are no omissions. The Equalization Division personnel will be available for
consultation on all Michigan Tax Tribunal appeals for personal property and will assist the
Assessor in the preparation of both oral and written defense of appeals as long as there
is a current Contract in effect. However, the County shall not assist or appear on behalf of
the Municipality regarding appeals of special assessments to the Michigan Tax Tribunal
or any other Court or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the performance of that
Municipality’s official functions, obligations, and Municipality’s legal responsibilities for property
tax appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all “Equalization
Division Assistance Services” or “Services” to be provided by the County for the Municipality
under this Contract shall be performed solely and exclusively by the County’s “Equalization
Division Personnel” as defined herein.
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2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such
numbers and based on such appropriate qualifications and other factors as decided
solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job descriptions
and job specifications and shall in all circumstances control, supervise, train or direct all
Equalization Division Personnel in the performance of any and all Services under this
Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at
all times and for all purposes relevant to this Contract, the County shall remain the sole
and exclusive employer of all County Agents and Equalization Division Personnel and
that the County shall remain solely and completely liable for any and all County Agents’
past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including,
but not limited to, workers’ disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes,
and/or any other statutory or contractual right or benefit based on or in any way related to
any County Agent’s employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form,
or at any time, any right, privilege, benefit, or any other term or condition of employment,
of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization
Division Personnel with the County, any applicable County employment and/or union
contract, and/or any County rule(s), regulation(s), hours of work, shift assignment,
order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall,
solely and exclusively, govern and control the employment relationship between the
County and any County Agent or Equalization Division Personnel and/or the conduct and
actions of any County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control,
or otherwise affect, in any manner:
2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and discretion to
employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay
any and all Equalization Division Personnel’s wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and all such
terms and conditions of employment and make any and all employment decisions
that affect, in any way, the employment of any Equalization Division Personnel with
the County, subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to determine,
establish, modify, or implement any and all operational policies, procedures, orders,
rules, regulations, ethical guidelines, and/or any other judgment, policy or directive
which, in any way, governs or controls any activity of any County Agent or
Equalization Division Personnel, any necessary County Agent or Equalization
Division Personnel’s training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any sequence or manner
of performance, and any level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or obligation under the
terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed, utilized,
or perform any other services, of any kind, directly or indirectly, in any manner or
capacity, or otherwise be available to perform any other work or assignments by or
for the Municipality during the term of this Contract. This section shall not prohibit the
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Municipality from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law,
the Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be
deemed, considered or claimed to be an employee of the Municipality and/or a
Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County’s Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided
for within this Contract, neither the County nor any County Agents shall be responsible for
assisting or providing any other “Services “ or assistance to the Municipality or assume any
additional responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State Property Tax Laws, including, but not limited to,
providing any attorney or legal representation to the Municipality or any Municipality Agent at any
proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as
expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any
way related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation, as
necessary, to defend any such claim or challenge before the State Tax Tribunal or
any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real
and/or Personal Property Tax Assessors) to defend property tax appraisals and
assessments that they either performed, or were otherwise performed under their
supervision, before the Michigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall be authorized, required and/or
otherwise obligated under this Contract or pursuant to any other agreement between
the Parties to provide any legal representation to or for the Municipality and/or
otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality
before the Michigan Tax Tribunal or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective
date of this Contract, as otherwise provided herein, and shall end on June 30, 2009, without any further
act or notice from either Party being required. Any and all County Services otherwise provided to the
Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions
provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to,
transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel
any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated
with any governmental function delegated and/or entrusted to the Municipality under any applicable State
Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and
all costs, legal obligations, and/or civil liabilities associated with or in any way related to any
Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The
Municipality agrees that under no circumstances shall the County be responsible for any costs,
obligations, and/or civil liabilities associated with its Municipality function or any responsibility
under any State Property Tax Law.
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4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County
and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the
Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty
or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all
federal, State, and local laws, ordinances, regulations, and agency requirements in any manner
affecting any work or performance of this Contract or with any Municipality duty or obligation
under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to
themselves any rights and obligations related to the provision of any and all of each Party’s
respective governmental services, authority, responsibilities, and obligations. Except as expressly
provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate,
transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity,
authority or character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental
immunity, as provided by statute or applicable court decisions, by either Party, either for that
Party and/or any of that Party’s County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to,
in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and
obligations to review and/or further equalize Municipality property values or tax assessments
and/or further act upon any Municipality assessment(s) of property taxes under any applicable
State Property Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County on or before July 1, 2009 the sum of $12.40 for each personal property
description rendered during the life of this Contract. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional fees to be paid by
the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed
at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality
over and above any other fees described in this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law Under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements and
personal property notices mailed relating to work performed under this Contract. The Municipality
agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County
Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official
authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to
withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid
directly to the County. Further, the MUNICIPALITY waives any claims against the State or
County, or their respective officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-
off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund
(“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County,
to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited
by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the
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COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for
any such amounts paid to the County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any
reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY
agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality,
without any penalty or liability whatsoever, any County services or performance obligations under
this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other
legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County
under this Agreement. The remedies in this paragraph are available to the County on an ongoing
and successive basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for
any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any County
warranty, promise, covenant or guaranty, either express or implied, of any kind or nature
whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality
Taxpayer or any other person or entity, or that the County’s efforts in the performance of any
obligation under this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or increase in any
property assessment, or guarantee that any County services provided under this Contract will
withstand any challenge before the State Tax Tribunal or any court or review body, or any other
such performance outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County Services,
any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State Property Tax Laws, or any other economic benefit or harm
that the Municipality may have realized, but for any alleged breach, wrongful termination, default
and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any
amount paid to, received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach or default is
alleged in an action in contract or tort and/or whether or not the Municipality has been advised of
the possibility of such damages. This provision and this Contract is intended by the Parties to
allocate the risks between the Parties, and the Parties agree that the allocation of each Party’s
efforts, costs, and obligations under this Contract reflect this allocation of each Party’s risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses,
claims, complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited
to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of
any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or
any Municipality Agent by any third person, including but not limited to any Municipality Agent or
Municipality Taxpayer, arising out of any activities or Services to be carried out by any County
Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication) contribution,
subrogation, or other right to be reimbursed by the County and/or any of County Agents based
upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any
and all alleged losses, claims, complaints, demands for relief or damages, judgments,
deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are alleged to have
arisen under or are in any way based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality residents. In preparing any such tax
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statement the County shall rely upon certain data provided by the Municipality beyond the data
gathered by the County under this contract, including, but not limited to, the applicable millage
rate. The parties agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to information
supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it
shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all
Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all
County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality Agents and shall be
solely responsible for the means and manner in which Municipality’s duties or obligations under
any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality
Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers’ disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or
contractual right or benefit based on or in any way related to any Municipality Agent’s
employment status or any alleged violation of any Municipality Agent’s statutory, contractual (e.g.,
union, employment, or labor contract), constitutional, common law employment right, and/or civil
rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against
the County or any County Agent by any Municipality Agent and/or which are based upon, result
from, or arise from, or are in any way related to any Municipality Agent’s wages, compensation,
benefits, or other employment- related or based rights, including, but not limited to, those
described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise,
be considered or claimed to be an employee of the County and/or a County Agent. This Contract
does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality
Agents or any other individual any status, privilege, right, or benefit of County employment or that
of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity affecting the
tax status of any parcel including but not limited to the following: Downtown Development
Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the
municipality agrees to notify the County immediately of approval of any application for abatement
or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is
governed by the Truth in Taxation Act as well as any property which is being considered for an
exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed
changes prior to approval by the governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of
roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization
Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization
Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
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8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and
any and all other documents affecting the status or value of property located within the
Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality to
the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in
Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be
paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the
person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County’s and/or any and all County Agents’ legal status and relationship to
the Municipality shall be that of an Independent Contractor. Except as expressly provided herein,
each Party will be solely responsible for the acts of its own employees, Agents, and servants during
the term of this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract.
§10.COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees
that this Contract does not, and is not intended to, create either any absolute right in favor of the
Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any
specific number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
§11.INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any
alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any
alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or
obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent’s services, buildings, equipment, or any other event, occurrence, duty, or
obligation related or attendant thereto.
§12.CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding
any other term or provision in any other section of this Contract, either Party, upon a minimum of
ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate
this Contract for any reason, including convenience, without incurring any penalty, expense, or liability
to the other Party. The effective date for any such termination is to be clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly surviving
cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to,
any and all indemnification and hold harmless promises, waivers of liability, record
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions that
occurred before the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13.EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City
Council of Farmington. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the City Council of Farmington and shall also be filed with the
office of the Clerk of the County and the Clerk for the City of Farmington.
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§14.The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with
the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments,
shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed,
supplemented, or amended, in any manner, except as provided for herein, and no other act,
verbal representation, document, usage or custom shall be deemed to amend or modify this
Contract in any manner.
§15.NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated
to any Party’s rights in this Contract, and/or any other right of any kind, in favor of any person,
including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer,
any Taxpayer’s legal representative, any organization, any alleged unnamed beneficiary or assignee,
and/or any other person.
§16.CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or requires.
§17.CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18.NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices,
and/or any other written notices required, permitted or provided for under this Contract to be delivered
to either Party shall be sent to that Party by first class mail. All such written notices, including any
notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party’s
signatory to this Contract, or that signatory’s successor in office, at the addresses shown in this
Contract. All correspondence or written notices shall be considered delivered to a Party as of the date
that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19.WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20.ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Valerie S. Knol, Mayor of the City of Farmington, hereby acknowledges that
she has been authorized by a resolution of the City Council of Farmington, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Contract.
EXECUTED: DATE:
Valerie S. Knol, Mayor
City of Farmington
WITNESSED: DATE:
Susan K. Halberstadt, Clerk
City of Farmington
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IN WITNESS WHEREOF Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF PONTIAC (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF PONTIAC (hereafter, this “Contract”) is made and entered into between the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the CITY OF PONTIAC, a Michigan
Constitutional and Municipal Corporation whose address is 47450 Woodward Avenue, Pontiac, Michigan
48342 (hereafter, the “Municipality”). In this Contract, either the County and/or the Municipality may also
be referred to individually as a “Party” or jointly as “Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the “State”), including, but
not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real
and personal property tax appraisals and assessments for all nonexempt real and personal property
located within the geographic boundaries of the Municipality for the purpose of levying State and local
property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the
State Tax Commission mandating the County to perform all or some of the property tax appraisal and
tax assessment responsibilities for real and/or personal property located within the Municipality’s
geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or
for the Municipality.
C. The Michigan General Property Tax Act (MCL211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing officers
in the performance of certain of these legally mandated, Municipality, property appraisal and
assessment responsibilities.
D. The Municipality has requested the County’s Equalization Division assistance in performing the
“Equalization Division Assistance Services” (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined herein,
possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by
providing the requested “Equalization Division Assistance Services” under the terms and conditions of
this Contract.
NOW THEREFORE in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., “Contract”, “County”, “Municipality”,
“Party” and “Parties”, and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 “County Agent” or “County Agents” shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons’ successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in
their personal representative or official capacities), and/or any persons acting by, through, under,
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716
or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein. “County Agent” and/or “County Agents” shall also include any person who was a
County Agent anytime during the term of this Contract but, for any reason, is no longer employed,
appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset
of, and included as part of the larger group of County Agents as defined above, and shall be
further defined as any and all County Agents specifically employed and assigned by the County
to work in the Equalization Division of the County’s Department of Management and Budget as
shown in the current County budget and/or personnel records of the County. For any and all
purposes in this Contract, any reference to County Agents shall also include within that term any
and all Equalization Division Personnel, but any reference in this contract to Equalization Division
Personnel shall not include any County Agent employed by the County in any other function,
capacity or organizational unit of the County other than the Equalization Division of the
Department of Management and Budget.
1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all Municipality
officers, elected officials, appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers, departments, divisions,
volunteers, agents, representatives, and/or any such persons’ successors or predecessors,
agents, employees, attorneys, or auditors (whether such persons act or acted in their personal,
representative, or official capacities), and/or any and all persons acting by, through, under, or in
concert with any of them, except that no County Agent shall be deemed a Municipality Agent and
conversely, no Municipality Agent shall be deemed a County Agent. “Municipality Agent” shall
also include any person who was a Municipality Agent at any time during this Contract but for any
reason is no longer employed, appointed, or elected in that capacity.
1.4. “Claim(s)” shall be defined to include any and all alleged losses, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation costs and expenses, including, but not limited to, any reimbursement for
reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any
amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the County and/or any
County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent
may become legally and/or contractually obligated to pay or defend against, or any other liabilities
of any kind whatsoever, whether direct, indirect or consequential, whether based upon any
alleged violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any County
Agent to any third the Municipality, including any Municipality Agent or any Municipality Taxpayer
under or in connection with this Contract or are based on or result in any way from the County’s
and/or any County Agent’s participation in this Contract.
1.5. “‘Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or
taxable entities within the Municipality, or their representatives or agents, who may be liable or
responsible for any property taxes assessed by the Municipality pursuant to any applicable State
Property Tax Laws.
1.6. “State” shall be defined as the “State of Michigan,” a sovereign governmental entity of the United
States, and shall also include within its definition any and all departments or agencies of State
government including specifically, but not limited to, the State Tax Commission, the State Tax
Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or “Services”).
2.1. “DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED “Equalization
Division Assistance Services” or “Services”, to be performed by County for the Municipality as
those terms are defined in this Contract, shall only include and shall be limited to the following
activities:
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717
2.1.1.This Contract is to provide for annual assessment of real and personal property through the
2009 tax year as required by laws of the State of Michigan. The County agrees to make
assessments of real and personal property within the Municipality pursuant to MCL
211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all real and
personal property description changes, prepare the assessment roll for real and personal
property in the Municipality; attend March, July and December Boards of Review and other
such duties as required by the State General Property Tax Laws. The Equalization Division
personnel will also be available for consultation on all Michigan Tax Tribunal real and
personal property appeals and will assist the assessor in the preparation of both the oral
and written defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the performance of that
Municipality’s official functions, obligations, and Municipality’s legal responsibilities for property
tax appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all “Equalization
Division Assistance Services” or “Services” to be provided by the County for the Municipality
under this Contract shall be performed solely and exclusively by the County’s “Equalization
Division Personnel” as defined herein, subject to the provisions of Section 2.3.2 below.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such
numbers and based on such appropriate qualifications and other factors as decided solely
by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing
all Equalization Division Personnel with all job instructions, job descriptions and job
specifications and shall in all circumstances control, supervise, train or direct all
Equalization Division Personnel in the performance of any and all Services under this
Contract. The Parties also agree that State Assessors Board appraisal employees of the
Municipality can train on matters of fieldwork alongside County employees for the duration
of this Contract whenever County employees are on field work within the boundaries of the
Municipality. In addition, the County shall open the opportunity for appraisal employees of
the Municipality to be trained on computer systems. The Municipality guarantees the
availability of the trainees whenever required by the County for training sessions either on
field work or computer systems. Certified appraisal employees of the Municipality who have
completed and passed the training described herein may be requested to assist County
employees in performing the “Equalization Services” defined in this section.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all
times and for all purposes relevant to this Contract, the County shall remain the sole and
exclusive employer of all County Agents and Equalization Division Personnel and that the
County shall remain solely and completely liable for any and all County Agents’ past,
present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but
not limited to, workers’ disability compensation benefits, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any County
Agent’s employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or
at any time, any right, privilege, benefit, or any other term or condition of employment, of
any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division
Personnel with the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment, order(s),
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718
policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and
exclusively, govern and control the employment relationship between the County and any
County Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit,
this Contract does not and shall not be interpreted to limit, modify, control, or otherwise
affect, in any manner:
2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and discretion to
employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay
any and all Equalization Division Personnel’s wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and all such
terms and conditions of employment and make any and all employment decisions
that affect, in any way, the employment of any Equalization Division Personnel with
the County, subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to determine,
establish, modify, or implement any and all operational policies, procedures, orders,
rules, regulations, ethical guidelines, and/or any other judgment, policy or directive
which, in any way, governs or controls any activity of any County Agent or
Equalization Division Personnel, any necessary County Agent or Equalization
Division Personnel’s training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any sequence or manner
of performance, and any level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or obligation under the
terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division Personnel,
while such person is currently and/or actively employed or otherwise remains on the payroll
of the County as a County Agent shall be employed, utilized, or perform any other services,
of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during the term of this
Contract. This section shall not prohibit the Municipality from employing any person who
was a former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract arid/or applicable State law, the
Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed,
considered or claimed to be an employee of the Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division
Personnel with any job instructions, job descriptions, job specifications, or job duties, or in
any manner attempt to control, supervise, train, or direct any Personnel in the performance
of any County’s Equalization Division Assistance Services duty or obligation under the
terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES Except as otherwise expressly provided
for within this Contract, neither the County nor any County Agents shall be responsible for
assisting or providing any other “Services “ or assistance to the Municipality or assume any
additional responsibility for assisting the Municipality in any other way or manner with any
Municipality obligations under any and all State Property Tax Laws, including, but not limited to,
providing any attorney or legal representation to the Municipality or any Municipality Agent at any
proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as
expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any
and all costs, legal obligations, and/or civil liabilities associated with or in any way related to
any Municipality tax appraisal or assessment functions or any other Municipality legal
obligation under any applicable State Property Tax Laws. The Municipality shall employ
and retain its own Municipality legal representation, as necessary, to defend any such claim
or challenge before the State Tax Tribunal or any other court or review body.
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2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or
Personal Property Tax Assessors) to defend property tax appraisals and assessments that
they either performed, or were otherwise performed under their supervision, before the
Michigan Tax Tribunal, the Parties agree that no other County Agents, including any
County attorneys shall be authorized, required and/or otherwise obligated under this
Contract or pursuant to any other agreement between the Parties to provide any legal
representation to or for the Municipality and/or otherwise defend, challenge, contest,
appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other
review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective
date of this Contract, as otherwise provided herein, and shall end on June 30, 2009, without any
further act or notice from either Party being required. Any and all County Services otherwise provided
to the Municipality prior to the effective date of this Contract, shall be subject to the terms and
conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended
to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division
Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the Municipality
under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and
all costs, legal obligations, and/or civil liabilities associated with or in any way related to any
Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The
Municipality agrees that under no circumstances shall the County be responsible for any costs,
obligations, and/or civil liabilities associated with its Municipality function or any responsibility
under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County
and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the
Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty
or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all
federal, State, and local laws, ordinances, regulations, and agency requirements in any manner
affecting any work or performance of this Contract or with any Municipality duty or obligation
under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to
themselves any rights and obligations related to the provision of any and all of each Party’s
respective governmental services, authority, responsibilities, and obligations. Except as expressly
provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate,
transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity,
authority or character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental
immunity, as provided by statute or applicable court decisions, by either Party, either for that
Party and/or any of that Party’s County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to,
in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and
obligations to review and/or further equalize Municipality property values or tax assessments
and/or further act upon any Municipality assessment(s) of property taxes under any applicable
State Property Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
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§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County on or before July 1, 2009 the sum of $14.90 for each real property
description and $13.30 for each personal property description rendered during the life of this
Contract. If during the term of this Contract, there are additional services requested of the County, the
Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed
at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality
over and above any other fees described in this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements and
personal property notices mailed relating to work performed under this Contract. The Municipality
agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set
and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (‘DTRF”) or
any other source of funds due the MUNICIPALITY in the possession of the County, to partially or
completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such
a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the
MUNICIPALITY waives any claims against the County or its officials for any such amounts paid to
the County.
6.4. 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.
6.5. None of these provisions shall operate to limit in any way the County’s right to pursue any other
legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County
under this Agreement. The remedies in this paragraph are available to the County on an ongoing
and successive basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for
any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any County
warranty, promise, covenant or guaranty, either express or implied, of any kind or nature
whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality
Taxpayer or any other person or entity, or that the County’s efforts in the performance of any
obligation under this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or increase in any
property assessment, or guarantee that any County services provided under this Contract will
withstand any challenge before the State Tax Tribunal or any court or review body, or any other
such performance-based outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County Services,
any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State Property Tax Laws, or any other economic benefit or harm
that the Municipality may have realized, but for any alleged breach, wrongful termination, default
and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any
amount paid to, received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach or default is
alleged in an action in contract or tort and/or whether or not the Municipality has been advised of
the possibility of such damages. This provision and this Contract is intended by the Parties to
allocate the risks between the Parties, and the Parties agree that the allocation of each Party’s
efforts, costs, and obligations under this Contract reflect this allocation of each Party’s risk and
the limitations of liability as specified herein.
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7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses,
claims, complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited
to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of
any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or
any Municipality Agent by any third person, including but not limited to any Municipality Agent or
Municipality Taxpayer, arising out of any activities or Services to be carried out by any County
Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication) contribution,
subrogation, or other right to be reimbursed by the County and/or any of County Agents based
upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any
and all alleged losses, claims, complaints, demands for relief or damages, judgments,
deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are alleged to have
arisen under or are in any way based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality residents. In preparing any such tax
statement the County shall rely upon certain data provided by the Municipality beyond the data
gathered by the County under this contract, including, but not limited to, the applicable millage
rate. The parties agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to information
supplied by the Municipality to the County for such purposes.
§8. MUTUAL COOPERATION OF COUNTY AND MUNICIPALITY AGENTS The Municipality agrees that
it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all
Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all
County Services under this Contract. Likewise, the County agrees that it shall be solely and
exclusively responsible, during the term of this Contract, for guaranteeing that all Equalization
Division personnel fully cooperate with Municipality agents in the performance of all County Services
under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality Agents and shall be
solely responsible for the means and manner in which Municipality’s duties or obligations under
any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality
Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses mileage allowances training expenses,
transportation costs, a 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
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722
Agents or any other individual any status, privilege, right, or benefit of County employment or that
of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity affecting the
tax status of any parcel including but not limited to the following: Downtown Development
Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the
municipality agrees to notify the County immediately of approval of any application for abatement
or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is
governed by the Truth in Taxation Act as well as any property which is being considered for an
exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed
changes prior to approval by the governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of
roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization
Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization
Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment
rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and
any and all other documents affecting the status or value of property located within the
Municipality to the County’s Equalization Division in a timely manner. The Municipality will
be notified by the County of all approved and denied applications for exemptions.
8.7.5. Forward all information on splits and combinations after approval by the Municipality to the
County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in
Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be
paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the
person or persons performing said tasks.
8.9. The County agrees that its agents will provide the following to the Municipality on a monthly
basis:
8.9.1 Copies of all Property Transfer Affidavits, Homesteads, and Rescinds filed by taxpayer or
its agents directly with the County;
8.9.2 Copies of related documents for recapping and Property Transfer Affidavit penalties; and,
8.9.3 Copy of Notice of County Schedule of small claims appeals released by the Michigan Tax
Tribunal affecting the Municipality.
§9 INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County’s and/or any and all County Agents’ legal status and relationship to
the Municipality shall be that of an Independent Contractor. Except as expressly provided herein,
each Party will be solely responsible for the acts of its own employees, Agents, and servants during
the term of this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract.
§10 COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees
that this Contract does not, and is not intended to, create either any absolute right in favor of the
Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any
specific number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
§11 INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or
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723
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any
alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any
alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or
obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent’s services buildings, equipment, or any other event, occurrence, duty, or obligation
related or attendant thereto.
§12.CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding
any other term or provision in any other section of this Contract, either Party, upon a minimum of
ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate
this Contract for any reason, including convenience, without incurring any penalty, expense, or liability
to the other Party. The effective date for any such termination is to be clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly surviving
cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any
and all indemnification and hold harmless promises, waivers of liability, record-keeping
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions that
occurred before the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13.EFFECTIVE DATE CONTRACT APPROVAL AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City
Council of Pontiac. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the City Council of Pontiac and shall also be filed with the office
of the Clerk of the County and the Clerk for the City of Pontiac.
§14.The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with
the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments,
shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed,
supplemented, or amended, in any manner, except as provided for herein, and no other act,
verbal representation, document, usage or custom shall be deemed to amend or modify this
Contract in any manner.
§15.NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated
to any Party’s rights in this Contract, and/or any other right of any kind, in favor of any person,
including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer,
any Taxpayer’s legal representative, any organization, any alleged unnamed beneficiary or assignee,
and/or any other person.
§16.CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or requires.
§17.CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18.NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices,
and/or any other written notices required, permitted or provided for under this Contract to be delivered
to either Party shall be sent to that Party by first class mail. All such written notices, including any
notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party’s
signatory to this Contract, or that signatory’s successor in office, at the addresses shown in this
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724
Contract. All correspondence or written notices shall be considered delivered to a Party as of the date
that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19.WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20.ENTIRE CONTRACT This Contract, consisting of a total of fifteen (15) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Clarence E. Phillips, Mayor of the City of Pontiac, hereby acknowledges that
he has been authorized by a resolution of the City Council of Pontiac, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Contract.
EXECUTED: DATE:
Clarence E. Phillips, Mayor
City of Pontiac
WITNESSED: DATE:
Vivian Spann, City CIerk
City of Pontiac
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF ROYAL OAK (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF ROYAL OAK (hereafter, this “Contract”) is made and entered into
between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the
CHARTER TOWNSHIP OF ROYAL OAK, a Michigan Constitutional and Municipal Corporation whose
address is 21131 Garden Lane, Ferndale, Michigan 48220 (hereafter, the “Municipality”). In this Contract,
either the County and/or the Municipality may also be referred to individually as a “Party” or jointly as
“Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the “State”), including, but
not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real
and personal property tax appraisals and assessments for all nonexempt real and person I property
located within the geographic boundaries of the Municipality for the purpose of levying State and local
property taxes.
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B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the
State Tax Commission mandating the County to perform all or some of the property tax appraisal and
tax assessment responsibilities for real and/or personal property located within the Municipality’s
geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or
for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing officers
in the performance of certain of these legally mandated, Municipality, property appraisal and
assessment responsibilities.
D. The Municipality has requested the County’s Equalization Division assistance in performing the
“Equalization Division Assistance Services” (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined herein,
possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by
providing the requested “Equalization Division Assistance Services” under the terms and conditions of
this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., “Contract”, “County”, “Municipality”,
“Party” and “Parties”, and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or non and/or either within or without quotation marks, shall, be defined and interpreted as
follows:
1.1. “County Agent” or “County Agents” shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons’ successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in
their personal representative or official capacities), and/or any persons acting by, through, under,
or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as
defined herein. “County Agent” and/or “County Agents” shall also include any person who was a
County Agent anytime during the term of this Contract but, for any reason, is no longer employed,
appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of,
and included as part of the larger group of County Agents as defined above, and shall be further
defined as any and all County Agents specifically employed and assigned by the County to work
in the Equalization Division of the County’s Department of Management and Budget as shown in
the current County budget and/or personnel records of the County. For any and all purposes in
this Contract, any reference to County Agents shall also include within that term any and all
Equalization Division Personnel, but any reference in this contract to Equalization Division
Personnel shall not include any County Agent employed by the County in any other function,
capacity or organizational unit of the County other than the Equalization Division of the
Department of Management and Budget.
1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all Municipality
officers, elected officials, appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers, departments, divisions,
volunteers, agents, representatives, and/or any such persons’ successors or predecessors,
agents, employees, attorneys, or auditors (whether such persons act or acted in their personal,
representative, or official capacities), and/or any and all persons acting by, through, under, or in
concert with any of them, except that no County Agent shall be deemed a Municipality Agent and
conversely, no Municipality Agent shall be deemed a County Agent. “Municipality Agent” shall
also include any person who was a Municipality Agent at any time during this Contract but for any
reason is no longer employed, appointed, or elected in that capacity.
1.4. “Claim(s)” shall be defined to include any and all alleged losses, claims, complaints, demands for
relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
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726
penalties, litigation costs and expenses, including, but not limited to, any reimbursement for
reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any
amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the County and/or any
County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent
may become legally and/or contractually obligated to pay or defend against, or any other liabilities
of any kind whatsoever, whether direct, indirect or consequential, whether based upon any
alleged violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any County
Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality
Taxpayer under or in connection with this Contract or are based on or result in any way from the
County’s and/or any County Agent’s participation in this Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or
taxable entities within the Municipality, or their representatives or agents, who may be liable or
responsible for any property taxes assessed by the Municipality pursuant to any applicable State
Property Tax Laws.
1.6. “State” shall be defined as the “State of Michigan,” a sovereign governmental entity of the United
States, and shall also include within its definition any and all departments or agencies of State
government including specifically, but not limited to, the State Tax Commission the State Tax
Tribunal and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or “Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED
“Equalization Division Assistance Services” or “Services”, to be performed by County for the
Municipality as those terms are defined in this Contract, shall only include and shall be limited to
the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property through the
2009 tax year as required by laws of the State of Michigan. The County agrees to make
assessments of real and personal property within the Municipality pursuant to MCL211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all real and
personal property description changes, prepare the assessment roll for real and personal
property in the Municipality; attend March, July and December Boards of Review and other
such duties as required by the State General Property Tax Laws. The Equalization Division
personnel will also be available for consultation on all Michigan Tax Tribunal real and
personal property appeals and will assist the assessor in the preparation of both the oral
and written defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the performance of that
Municipality’s official functions, obligations, and Municipality’s legal responsibilities for property
tax appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all “Equalization
Division Assistance Services” or “Services” to be provided by the County for the Municipality
under this Contract shall be performed solely and exclusively by the County’s “Equalization
Division Personnel” as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such
numbers and based on such appropriate qualifications and other factors as decided solely
by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing
all Equalization Division Personnel with all job instructions, job descriptions and job
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specifications and shall in all circumstances control, supervise, train or direct all
Equalization Division Personnel in the performance of any and all Services under this
Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all
times and for all purposes relevant to this Contract, the County shall remain the sole and
exclusive employer of all County Agents and Equalization Division Personnel and that the
County shall remain solely and completely liable for any and all County Agents’ past,
present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but
not limited to, workers’ disability compensation benefits, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any County
Agent’s employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or
at any time, any right, privilege, benefit, or any other term or condition of employment, of
any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division
Personnel with the County, any applicable County employment and/or union contract,
and/or any County rule(s), regulation(s), hours of work, shift assignment, order(s),
policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and
exclusively, govern and control the employment relationship between the County and any
County Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit,
this Contract does not and shall not be interpreted to limit, modify, control, or otherwise
affect, in any manner:
2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and discretion to
employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay
any and all Equalization Division Personnel’s wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide any and all such
terms and conditions of employment and make any and all employment decisions
that affect, in any way, the employment of any Equalization Division Personnel with
the County, subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to determine,
establish, modify, or implement any and all operational policies, procedures, orders,
rules, regulations, ethical guidelines, and/or any other judgment, policy or directive
which, in any way, governs or controls any activity of any County Agent or
Equalization Division Personnel, any necessary County Agent or Equalization
Division Personnel’s training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any sequence or manner
of performance, and any level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or obligation under the
terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed, utilized,
or perform any other services, of any kind, directly or indirectly, in any manner or
capacity, or otherwise be available to perform any other work or assignments by or
for the Municipality during the term of this Contract. This section shall not prohibit the
Municipality from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law,
the Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be
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deemed, considered or claimed to be an employee of the Municipality and/or a
Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County’s Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other “Services “ or assistance to the Municipality or
assume any additional responsibility for assisting the Municipality in any other way or manner
with any Municipality obligations under any and all State Property Tax Laws, including, but
not limited to, providing any attorney or legal representation to the Municipality or any
Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other
adjudicative body or court, except as expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any
way related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation, as
necessary, to defend any such claim or challenge before the State Tax Tribunal or
any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real
and/or Personal Property Tax Assessors) to defend property tax appraisals and
assessments that they either performed, or were otherwise performed under their
supervision, before the Michigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall be authorized, required and/or
otherwise obligated under this Contract or pursuant to any other agreement between
the Parties to provide any legal representation to or for the Municipality and/or
otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality
before the Michigan Tax Tribunal or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective
date of this Contract, as otherwise provided herein, and shall end on June 30, 2009, without any
further act or notice from either Party being required. Any and all County Services otherwise provided
to the Municipality prior to the effective date of this Contract, shall be subject to the terms and
conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended
to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division
Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the Municipality
under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and
all costs, legal obligations, and/or civil liabilities associated with or in any way related to any
Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The
Municipality agrees that under no circumstances shall the County be responsible for any costs,
obligations, and/or civil liabilities associated with its Municipality function or any responsibility
under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County
and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the
Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty
or obligation under any applicable State Property Tax Law.
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4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all
federal, State, and local laws, ordinances, regulations, and agency requirements in any manner
affecting any work or performance of this Contract or with any Municipality duty or obligation
under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to
themselves any rights and obligations related to the provision of any and all of each Party’s
respective governmental services, authority, responsibilities, and obligations. Except as expressly
provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate,
transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity,
authority or character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental
immunity, as provided by statute or applicable court decisions, by either Party, either for that
Party and/or any of that Party’s County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to,
in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and
obligations to review and/or further equalize Municipality property values or tax assessments
and/or further act upon any Municipality assessment(s) of property taxes under any applicable
State Property Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County on or before July 1, 2009 the sum of $13.30 each year for each real
property description and $11.00 for each personal property description rendered during the life of this
Contract. If during the term of this Contract, there are additional services requested of the County, the
Parties shall negotiate additional fees to be paid by the Municipality.
6.1 All time incurred for Board of Review dates beyond the regular County working hours to be billed
at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality
over and above any other fees described in this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements and
personal property notices mailed relating to work performed under this Contract. The Municipality
agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County
Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official
authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to
withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid
directly to the County. Further, the MUNICIPALITY waives any claims against the State or
County, or their respective officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-
off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund
(“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County,
to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited
by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the
COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for
any such amounts paid to the County.
6.5. Notwithstanding any other term or condition in this Contract should the Municipality fail for any
reason to timely pay the County the amount 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.
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6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other
legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County
under this Agreement. The remedies in this paragraph are available to the County on an ongoing
and successive basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for
any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any County
warranty, promise, covenant or guaranty, either express or implied, of any kind or nature
whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality
Taxpayer or any other person or entity, or that the County’s efforts in the performance of any
obligation under this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or increase in any
property assessment, or guarantee that any County services provided under this Contract will
withstand any challenge before the State Tax Tribunal or any court or review body, or any other
such performance outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County Services,
any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State Property Tax Laws, or any other economic benefit or harm
that the Municipality may have realized, but for any alleged breach, wrongful termination, default
and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any
amount paid to, received or retained by the County at the time of the alleged breach or default in
connection with or under the terms of this Contract, whether such alleged breach or default is
alleged in an action in contract or tort and/or whether or not the Municipality has been advised of
the possibility of such damages. This provision and this Contract is intended by the Parties to
allocate the risks between the Parties, and the Parties agree that the allocation of each Party’s
efforts, costs, and obligations under this Contract reflect this allocation of each Party’s risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses,
claims, complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited
to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of
any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or
any Municipality Agent by any third person, including but not limited to any Municipality Agent or
Municipality Taxpayer, arising out of any activities or Services to be carried out by any County
Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication) contribution,
subrogation, or other right to be reimbursed by the County and/or any of County Agents based
upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any
and all alleged losses, claims, complaints, demands for relief or damages, judgments,
deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are alleged to have
arisen under or are in any way based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality residents. In preparing any such tax
statement the County shall rely upon certain data provided by the Municipality beyond the data
gathered by the County under this contract, including, but not limited to, the applicable millage
rate. The parties agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to information
supplied by the Municipality to the County for such purposes.
§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
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731
Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all
County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job
specifications and shall solely control, direct, and supervise all Municipality Agents and shall be
solely responsible for the means and manner in which Municipality’s duties or obligations under
any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality
Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers’ disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or
contractual right or benefit based on or in any way related to any Municipality Agent’s
employment status or any alleged violation of any Municipality Agent’s statutory, contractual (e.g.,
union, employment, or labor contract), constitutional, common law employment right, and/or civil
rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against
the County or any County Agent by any Municipality Agent and/or which are based upon, result
from, or arise from, or are in any way related to any Municipality Agent’s wages, compensation,
benefits, or other employment- related or based rights, including, but not limited to, those
described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise,
be considered or claimed to be an employee of the County and/or a County Agent. This Contract
does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality
Agents or any other individual any status, privilege, right, or benefit of County employment or that
of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity affecting the
tax status of any parcel including but not limited to the following: Downtown Development
Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the
municipality agrees to notify the County immediately of approval of any application for abatement
or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is
governed by the Truth in Taxation Act as well as any property which is being considered for an
exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed
changes prior to approval by the governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of
roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization
Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization
Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment
rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and
any and all other documents affecting the status or value of property located within the
Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality to the
County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in
Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be
paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the
person or persons performing said tasks.
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732
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County’s and/or any and all County Agents’ legal status and relationship to
the Municipality shall be that of an Independent Contractor. Except as expressly provided herein,
each Party will be solely responsible for the acts of its own employees, Agents, and servants during
the term of this Contract. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract.
§10 COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees
that this Contract does not, and is not intended to, create either any absolute right in favor of the
Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any
specific number(s) or classification of County Agents will be present on any given day to provide
County services to the Municipality.
§11.INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any
alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any
alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or
obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or
Municipality Agent’s services, buildings, equipment, or any other event, occurrence, duty, or
obligation related or attendant thereto.
§12.CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding
any other term or provision in any other section of this Contract, either Party, upon a minimum of
ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate
this Contract for any reason, including convenience, without incurring any penalty, expense, or liability
to the other Party. The effective date for any such termination is to be clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly surviving
cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to,
any and all indemnification and hold harmless promises, waivers of liability, record
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions that
occurred before the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13.EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Board of Trustees of the Charter Township of Royal Oak. The approval and terms of this Contract,
and/or any possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the Board of Trustees of the
Charter Township of Royal Oak and shall also be filed with the office of the Clerk of the County and
the Clerk for the Charter Township of Royal Oak.
§14.The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with
the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments,
shall not become effective prior to this required filing with the Secretary of State.
14.1 The Parties agree that except as expressly provided herein, this Contract shall not be changed,
supplemented, or amended, in any manner, except as provided for herein, and no other act,
verbal representation, document, usage or custom shall be deemed to amend or modify this
Contract in any manner.
§15.NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
Commissioners Minutes Continued. September 4, 2008
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implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated
to any Party’s rights in this Contract, and/or any other right of any kind, in favor of any person,
including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer,
any Taxpayer’s legal representative, any organization, any alleged unnamed beneficiary or assignee,
and/or any other person.
§16.CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17.CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18.NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices,
and/or any other written notices required, permitted or provided for under this Contract to be delivered
to either Party shall be sent to that Party by first class mail. All such written notices, including any
notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party’s
signatory to this Contract, or that signatory’s successor in office, at the addresses shown in this
Contract. All correspondence or written notices shall be considered delivered to a Party as of the date
that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19.WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20.ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, William F. Morgan, Supervisor of the Charter Township of Royal Oak, hereby
acknowledges that he has been authorized by a resolution of the Board of Trustees of the Charter
Township of Royal Oak, a certified copy of which is attached, to execute this Contract on behalf of the
Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract.
EXECUTED: DATE:
William F. Morgan, Supervisor
Charter Township of Royal Oak
WITNESSED: DATE:
Gwendolyn W. Turner
Charter Township of Royal Oak
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth A. Johnson, Clerk/Register of Deeds
County of Oakland
Commissioners Minutes Continued. September 4, 2008
734
(The vote for this motion appears on page 749.)
*REPORT (MISC. #08176)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– GRANT PROGRAM ACCEPTANCE – DESIGN SERVICES FOR A NEW ELECTRICAL VAULT AND
STANDBY POWER SYSTEM AND FOR MEDIUM INTENSITY TAXIWAY LIGHTING (MITL) FOR
TAXIWAY D
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on August 26, 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 #08176
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – DESIGN SERVICES FOR A NEW ELECTRICAL VAULT AND
STANDBY POWER SYSTEM AND FOR MEDIUM INTENSITY TAXIWAY LIGHTING (MITL) FOR
TAXIWAY D
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
#2008-0490, Federal Project #C-26-0079-5606, for Federal funds in the amount of $56,000, and State
funds in the amount of $12,250, for the development and improvement of Oakland County International
Airport; and
WHEREAS the project consists of design services for a new electrical vault and standby power system
and for the medium intensity taxiway lighting (MITL) for Taxiway D; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $1,750, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $70,000, which includes a local grant match of $1,750, which is
available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program,
Supplemental Provisions for Federal/State/Local Contracts Involving only Preliminary/Design Engineering
at all Classifications of Airports, Prohibition of Discrimination in State Contracts, Contractual
Requirements, Assurances that Recipients and Contractors Must Make, Special Conditions and Prime
Consultant Statement of DBE Subconsultant Payments on file in County Clerk’s office.
Commissioners Minutes Continued. September 4, 2008
735
FISCAL NOTE (MISC. #08176)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – DESIGN SERVICES FOR A NEW ELECTRICAL VAULT AND
STANDBY POWER SYSTEM AND FOR MEDIUM INTENSITY TAXIWAY LIGHTING (MITL) FOR
TAXIWAY D
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract #2008-
0490, Federal Project #C-26-0079-5606, for Federal funds in the amount of $56,000, State funds
in the amount of $12,250 and a required local grant match of $1,750 for the development and
improvement of Oakland County International Airport.
2. The project consists of design services for a new electrical vault and standby power system and
for the medium intensity taxiway lighting (MITL) for Taxiway D.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $70,000 with $56,000 of the cost from Federal funds, $12,250 of
the cost from State funds and $1,750 from the Airport Fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*REPORT (MISC. #08177)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT
– GRANT PROGRAM ACCEPTANCE – RESIDENTIAL SOUND INSULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on August 26, 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 #08177
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – RESIDENTIAL SOUND INSULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
#2008-0489, Federal Project #C-26-0079-5708, for Federal funds in the amount of $4,010,000, and State
funds in the amount of $105,526, for the development and improvement of Oakland County International
Airport; and
WHEREAS the project consists of residential sound insulation; and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $105,527 which is available from the airport fund; and
Commissioners Minutes Continued. September 4, 2008
736
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $4,221,053, which includes a local grant match of $105,527,
which is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program,
Supplemental Provisions for Federal/State/Local contracts Involving Land Acquisition at all Classifications
of Airports, Prohibition of Discrimination in State Contracts, Contractual Requirements, Assurances that
Recipients and Contractors Must Make, Special Conditions, and Prime Consultant Statement of DBE
Subconsultant Payments on file in County Clerk’s office.
FISCAL NOTE (MISC. #08177)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT –
GRANT PROGRAM ACCEPTANCE – RESIDENTIAL SOUND INSULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract #2008-
0489, Federal Project #C-26-0079-5708, for Federal funds in the amount of $4,010,000, State
funds in the amount of $105,526 and a required local grant match of $105,527 for the
development and improvement of Oakland County International Airport.
2. The project consists of residential sound insulation for approximately 100 homes surrounding the
airport as part of the airport’s noise mitigation program.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $4,221,053 with $4,010,000 of the cost from Federal funds,
$105,526 of the cost from State funds and $105,527 from the Airport Fund resources for the grant
match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*REPORT (MISC. #08178)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2008
GRANT PROGRAM ACCEPTANCE CONDUCT A RUNWAY SAFETY AREA (RSA) DETERMINATION
STUDY/UPDATE AIRPORT LAYOUT PLAN (ALP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 4, 2008
737
The Planning and Building Committee, having reviewed the above-titled resolution on August 26, 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 #08178
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2008 GRANT
PROGRAM ACCEPTANCE – CONDUCT A RUNWAY SAFETY AREA (RSA) DETERMINATION STUDY
UPDATE AIRPORT LAYOUT PLAN (ALP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
#2008-0457, Federal Project #C-26-0152-0805, for Federal funds in the amount of $24,000, and State
funds in the amount of $5,250, for the development and improvement of Oakland/Southwest Airport; and
WHEREAS the project consists of a runway safety area (RSA) determination study and update of the
airport layout plan (ALP); and
WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and
WHEREAS the development project, as offered and approved by the Michigan Department of
Transportation, requires a local grant match of $750, which is available from the airport fund; and
WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and
WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and
WHEREAS no application was requested from Oakland County; therefore, the application provisions of
Miscellaneous Resolution #95098, do not apply.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $30,000, which includes a local grant match of $750, which is
available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is
authorized to execute the grant contract.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation
County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program,
Supplemental Provisions for Federal/State/Local Contracts Involving Preparation of an Airport Master
Plan/Layout Plan at Block Grant Sites, Prohibition of Discrimination in State Contracts, Contractual
Requirements, Assurances that Recipients and Contractors Must Make, Special Conditions, and Prime
Consultant Statement of DBE Subconsultant Payments on file in County Clerk’s office.
FISCAL NOTE (MISC. #08178)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND SOUTHWEST AIRPORT – 2008 GRANT
PROGRAM ACCEPTANCE – CONDUCT A RUNWAY SAFETY AREA (RSA) DETERMINATION STUDY.
UPDATE AIRPORT LAYOUT PLAN (ALP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2008-
0457, Federal Project No. C-26-0152-0805, for Federal funds in the amount of $24,000, State
Commissioners Minutes Continued. September 4, 2008
738
funds in the amount of $5,250 and a required local grant match of $750 for the development and
improvement of Oakland/Southwest Airport.
2. The project consists of a runway safety area (RSA) determination study and update of the airport
layout plan (ALP).
3. The Airport Committee has reviewed the project and recommends acceptance of the grant
contract.
4. The funding period of the grant is 36 months from the date of the award.
5. The total cost of the project is $30,000 with $24,000 of the cost from Federal funds, $5,250 of the
cost from State funds and $750 from the Airport Fund resources for the grant match.
6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project.
7. No General Fund appropriation is required. Funding is available within the Airport Fund.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*REPORT (MISC. #08165)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT –
PARCEL NO. 13-13-152-004 (PART), VACANT ALLIANCE DRIVE 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 August 26, 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 #08165
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT -
PARCEL NO. 13-13-152-004 (PART), VACANT ALLIANCE DRIVE FOR EXPANSION OF WATERFORD
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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 Mr. and Mrs. Homer Tolliver, for the purchase of 6.14 acres of vacant
land located at the easterly terminus of Alliance Drive, Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Homer and Cynthia Tolliver, husband and wife, the sum of $270,000 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 Homer and Cynthia Tolliver, husband and wife, sellers, via a cash sale
purchase.
Commissioners Minutes Continued. September 4, 2008
739
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Purchase Agreement, Resolution, Map and Communication regarding the Tolliver Purchase
Agreements on file in County Clerk’s office.
FISCAL NOTE (MISC. #08165)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT -
PARCEL NO. 13-13-152-004 (PART), VACANT ALLIANCE DRIVE 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 Mr. and Mrs. Homer Tolliver for the
purchase of 6.14 acres of vacant land located at the easterly terminus of Alliance Drive,
Waterford Township.
2. The negotiated price is $270,000. The land purchase will expand the current acreage of
Waterford Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on June 4, 2008.
4. No County funds are required for this acquisition
5. Sufficient funds have been budgeted in the Parks and Recreation Fund. No budget adjustments
are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*REPORT (MISC. #08166)
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT –
PARCEL NO. 13-13-152-006, VACANT ALLIANCE DRIVE 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 August 26, 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 #08166
BY: General Government Committee, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT -
PARCEL NO. 13-13-152-006, VACANT ALLIANCE DRIVE FOR EXPANSION OF WATERFORD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
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
Commissioners Minutes Continued. September 4, 2008
740
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with Mr. and Mrs. Homer Tolliver for the purchase of 16.11 acres of vacant
land located at the east terminus of Alliance Drive, Waterford Township; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay Homer and Cynthia Tolliver, husband and wife, the sum of $950,000 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
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 Homer and Cynthia Tolliver, husband and wife, sellers, 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 Purchase Agreement and Resolution on file in County Clerk’s office.
FISCAL NOTE (MISC. #08166)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION/DEPARTMENT OF
FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT -
PARCEL NO. 13-13-152-006, VACANT ALLIANCE DRIVE 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 Mr. and Mrs. Homer Tolliver for the
purchase of a 16.11 acre vacant lot located at the east terminus of Alliance Drive, Waterford
Township.
2. The negotiated price is $950,000. The land purchase will expand the current acreage of
Waterford Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on June 4, 2008.
4. No County funds are required for this acquisition.
5. Sufficient funds have been budgeted in the Parks and Recreation Fund. No budget adjustments
are recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*MISCELLANEOUS RESOLUTION #08167
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2008 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all development cost is incorporated as a single appropriation within the non-departmental
budget, and then an amount equal to the actual expense is transferred to the user department with a
summary report to the Finance Committee; and
Commissioners Minutes Continued. September 4, 2008
741
WHEREAS the Department of Information Technology has determined the Third Quarter 2008
development charges to be $1,630,573.35 and the imaging development charge to be $10,290.12 for the
General Fund/General Purpose County departments; and
WHEREAS direct charges to Special Revenue and Proprietary Fund departments are $749,648.02, non-
governmental imaging development are $4,648.80, and non-county agencies are $3885.00 for the Third
Quarter 2008; and
WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to
fund these development charges.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed
the Third Quarter 2008 Development Report and approves the Third Quarter appropriation transfer as
specified on the attached schedule.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Information Technology Development Summary Third Quarter 2008 and Information Technology
– Reserve Fund Development/Support Detail – Third Quarter 2008 on file in County Clerk’s office.
FISCAL NOTE (MISC. #08167)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2008 DEVELOPMENT
APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution appropriates and charges the Information Technology Third Quarter 2008
Development cost to benefiting departments.
2. The third quarter development charges are $1,630,573.35; imaging development charges are
$10,290.12 for General Fund/General Purpose departments; direct charges to Special Revenue
and Proprietary fund departments are $749,648.02, non-governmental imaging development are
$4,648.80, and charges to non-county agencies are $3,885.00.
3. The respective departmental Fiscal Year 2008 budgets are recommended to be amended as
specified in the attached detail schedule.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*MISCELLANEOUS RESOLUTION #08168
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND ECONOMIC DEVELOPMENT AND
COMMUNITY AFFAIRS – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH ART OF
PONTIAC, LLC FOR USE OF OFFICE SPACE AT 17 SOUTH PERRY STREET, PONTIAC, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Main Street Oakland County Program (MSOC) was established in 2000 to provide
assistance to Oakland County Communities in their efforts to redevelop downtown districts; and
WHEREAS Grant funding totaling $10,000 has been pledged by the Pontiac Downtown Development
Authority and by the Arts Beats and Eats Foundation and an additional grant sponsorship of $2,750 will
be obtained; therefore, no County funding is required; and
WHEREAS it is the recommendation of the Departments of Facilities Management and Economic
Development and Community Affairs that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement; and
WHEREAS under the terms and conditions of the attached Lease Agreement, the Main Street Oakland
County Program-Downtown Design Studio will occupy approximately 850-sf of office space at 17 S. Perry
Street in the City of Pontiac for a period of one year. Rent will be $1,062.50 per month or $12,750 per
Commissioners Minutes Continued. September 4, 2008
742
year and is inclusive of all building and site maintenance, utilities, snow and ice removal and property
taxes. The lease may be terminated by the Oakland County Board of Commissioners in the event that
grant funding for the project is not obtained; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement for office space at 17 S. Perry Street, Pontiac, Michigan
between the County of Oakland and Art of Pontiac, LLC.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Art of Pontiac, LLC, which may be required.
BE IT FURTHER RESOLVED that if grants and sponsorships fail to provide sufficient funding to
completely cover the costs associated with the Lease, the County shall have the right to cancel this Lease
with no penalty whatsoever.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Approval of Lease for the Downtown Design Studio-Main Street Oakland County Program and
Lease on file in County Clerk’s office.
FISCAL NOTE (MISC. #08168)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND ECONOMIC DEVELOPMENT AND
COMMUNITY AFFAIRS - REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH ART OF
PONTIAC, LLC FOR USE OF OFFICE SPACE AT 17 SOUTH PERRY STREET, PONTIAC, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Oakland County is currently leasing office space at 17 S. Perry Street, Pontiac, Michigan for the
Downtown Design Studio, Main Street Oakland Program for a three-year period ending August
14, 2008.
2. The resolution approves and authorizes a Lease Agreement between Oakland County and Art of
Pontiac, LLC for the lease of approximately 850 square feet of office space at 17 S. Perry Street,
Pontiac, Michigan for the Downtown Design Studio, Main Street Oakland County Program for a
one-year period commencing August 15, 2008 with a six-month extension option.
3. The Main Street Oakland County Program was established in 2000 to provide assistance to
Oakland County communities in their efforts to redevelop downtown districts.
4. The annual cost of the lease is $12,750 and is inclusive of all building and site maintenance,
utilities, snow and ice removal, and property taxes.
5. Funding totaling $10,000 has been pledged by the Pontiac Downtown Development Authority and
the Arts, Beats and Eats Foundation and additional sponsorship of $2,750 is pending.
6. Sponsorship funding will be receipted in the Special Revenue Community Partnerships Fund
#21182 and lease costs will be expended from the Special Revenue Community Partnership
Fund.
7. If sponsorships fail to provide sufficient funding to completely cover the lease cost, the County
has the right to cancel the lease without penalty.
8. Telephone Communications charges, estimated at a yearly cost of $480, are the responsibility of
the County and funding is available in the Fiscal Year 2009 Recommended Planning and
Economic Development Services Division Budget.
9. No additional General Fund/General Purpose funding is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
Commissioners Minutes Continued. September 4, 2008
743
*REPORT (MISC. #08169)
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/PLANNING AND ECONOMIC
DEVELOPMENT SERVICES – CREATION OF ONE (1) SR-FUNDED LOAN COORDINATOR
POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed Miscellaneous Resolution #08169 on August 27, 2008 reports
with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #08169
BY: Planning and Building Committee – Sue Ann Douglas, Chairperson
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/PLANNING AND ECONOMIC
DEVELOPMENT SERVICES – CREATION OF ONE (1) SR-FUNDED LOAN COORDINATOR POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Business Finance Corporation (OCBFC) is certified under the Small
Business Administration's (SBA) Certified Development Company program; and
WHEREAS the Financial Services Unit also administers the Oakland County Economic Development
Corporation (OCEDC), issuing Industrial Revenue and 501(c)(3) bonds; and
WHEREAS the OCBFC acts as an agent to analyze, package and submit loan requests under the SBA
504 program; and
WHEREAS recent changes in federal regulations have increased the responsibilities of the Certified
Development Corporations (CDC); and
WHEREAS the OCBFC continues to aggressively market the SBA 504 Loan program which has resulted
in a substantial increase in lending activities; and
WHEREAS in the first half of 2008 the OCBFC portfolio has realized a 26.9% growth since 2006; and
WHEREAS the addition of a second Loan Coordinator position would ensure that the OCBFC continue to
provide expedient service to local businesses; and
WHEREAS the position will be fully funded through the Business Finance Corporation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of one (1) SR funded Loan Coordinator position in the Financial Services Unit of the Planning
and Economic Development Services Division.
BE IT FURTHER RESOLVED that the continuation of the position is contingent upon continuation of
OCBFC funding.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #08169)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/PLANNING AND ECONOMIC
DEVELOPMENT SERVICES – CREATION OF ONE (1) SR FUNDED LOAN COORDINATOR POSITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution approves the creation of one (1) FTE Special Revenue funded Loan Coordinator
position in the Financial Services Unit of the Planning and Economic Development Services
Division.
2. The salary and fringe benefit cost of the position is $3,239 for the remainder of Fiscal Year 2008
and $70,033 for Fiscal Year 2009 and Fiscal Year 2010.
3. Funding for the position is available through the Oakland County Business Finance Corporation.
No General Fund/General Purpose appropriation is required.
Commissioners Minutes Continued. September 4, 2008
744
4. The Oakland County Business Finance Corporation (OCBFC) acts as an agent to analyze,
package, and submit loan requests under the Small Business Association 504 Loan Program.
5. A budget amendment to the Fiscal Year 2008 Budget and Fiscal Year 2009/2010 Recommended
Budget is recommended as follows:
BUSINESS FINANCE CORPORATION (FUND #21184)
Revenue FY 2008 FY 2009/10
1090202-171100-631869 Reimb. Salaries $3,239 $70,033
Expenditures
1090202-171100-702010 Salaries $2,068 $44,807
1090202-171100-722740 Fringe Benefits 1,171 25,226
Total Expenditures $3,239 $70,033
$ -0- $ -0-
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*MISCELLANEOUS RESOLUTION #08170
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET
2008 - 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to
develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of
Juvenile Justice, Department of Human Services, annually; and
WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland
County Department of Human Services have developed the attached foster care services budget for the
State's fiscal year, October, 1, 2008 through September 30, 2009; and
WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to
the State Office.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
submission of the 2008-2009 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s
Child Care Fund Unit, Department of Human Services.
Chairperson On behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of County Child Care Budget Summary on file in County Clerk’s office.
FISCAL NOTE (MISC. #08170)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2008
- 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Under the provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop
and submit a plan and budget for funding foster care services to the Child and Family Services
Office of the Bureau of Juvenile Justice, Department of Human Services annually.
2. The Circuit Court/Family Division and the Oakland County Family Independence Agency has
developed the foster care services budget for the period covering October 1, 2008, through
September 30, 2009.
3. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on
current available data and may not reflect the eventual adopted budget and/or expenditures for
this program.
4. The application reflects $33,047,077 in gross expenditures and $2,300,000 in offsetting revenues,
Commissioners Minutes Continued. September 4, 2008
745
leaving a net expenditure of $30,747,077.
5. Net expenditures are shared 50/50 by the State and County rendering a State reimbursement of
$15,373,539 should the State approve the budget and the County expends the funds.
6. The Fiscal Year 2009 County Executive Recommended Budget for State Reimbursement is
$13,200,000.
7. If necessary, a budget amendment will be recommended at the time of accepting the contract
agreement.
FINANCE COMMITTEE
(The vote for this motion appears on page 749.)
*MISCELLANEOUS RESOLUTION #08171
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - OUTDOOR
WARNING SYSTEM EXPANSION – TOWNSHIPS OF ORION AND OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #'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 Outdoor 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 Townships of Orion and Oakland, have executed the attached Interlocal Agreement; and
WHEREAS the Townships of Orion and Oakland have agreed to pay seventy-five percent of the total
estimated cost of one siren; and
WHEREAS consistent with the attached standard agreement, the Townships of Orion and Oakland
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 Townships of Orion and Oakland for the purchase of one outdoor warning 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 Townships of Orion and Oakland.
Chairperson on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Townships of Orion and Oakland Outdoor Warning Siren Budget Summary and Severe Weather
Warning System Interlocal Agreement between Oakland County and the Townships of Orion and
Oakland on file in County Clerk’s office.
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY
AND THE TOWNSHIPS OF ORION AND OAKLAND
This Interlocal Agreement (“the Agreement”) is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 (“County”), and the Township of
Orion, 2525 Joslyn Road, Lake Orion, Michigan 48360 and the Township of Oakland, 4393 Collins Road,
Rochester, Michigan 48306 (“Municipalities”). In this Agreement, the County and the Municipalities 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 Municipalities enter into this Agreement for the purpose of adding the
Municipalities 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:
Commissioners Minutes Continued. September 4, 2008
746
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, committees, employees, agents, subcontractors, volunteers, and/or any such
persons’ successors.
1.3. Municipalities means the Townships of Orion and Oakland, Constitutional Corporations
including, but not limited to, their Councils, any and all of their departments, 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 a Municipality at the location designated by the Municipalities.
2.2. Provide for maintenance of the siren.
2.3. Provide for electrical costs of the siren.
3. MUNICIPALITIES’S RESPONSIBILITIES. Subject to the terms and conditions contained in this
Agreement, and applicable changes in law, the Municipalities shall provide the following:
3.1 Pay eight-thousand, six-hundred and twenty-five dollars ($8,625) per Municipality for the
installation of the siren ($17,250 total). 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 Municipalities acknowledge 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
Municipalities 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. Any 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 Municipalities, the County may immediately
suspend this Agreement or the Municipalities participation in the outdoor warning system, if the
Municipalities have 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
Commissioners Minutes Continued. September 4, 2008
747
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 Municipalities.
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.
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, Ml 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 Municipalities, it shall be addressed to: The Chief Elected Official of
Commissioners Minutes Continued. September 4, 2008
748
the Municipalities at the addresses listed on the first page of this Agreement.
18.3. Any 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.
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 Orion Township Date
Authorized Agent of Oakland Township Date
Chairperson, Oakland County Board of Date
Commissioners
FISCAL NOTE (MISC. #08171)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS – OUTDOOR
WARNING SYSTEM EXPANSION – TOWNSHIPS OF ORION AND OAKLAND
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. Both Orion and Oakland Townships have issued a purchase agreement for the purchase of one
(1) warning siren and have 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 Townships of Orion and Oakland have 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, which is $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
Commissioners Minutes Continued. September 4, 2008
749
Vote on Consent Agenda:
AYES: Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
Commissioner Rogers stated there were no items to report from the Finance Committee on the Regular
Agenda.
Commissioner Long stated there were no items to report from the General Government Committee on the
Regular Agenda.
MISCELLANEOUS RESOLUTION #08126
BY: Commissioner David Woodward, District #18
RE: BOARD OF COMMISSIONERS – TRANSIT COMMUTER BENEFIT PROGRAM FOR OAKLAND
COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the soaring cost of gas continues to put increasing financial pressure on the budgets of
governments, businesses and Oakland County workers and families; and
WHEREAS the relentless global demand for scarce oil resources makes it unlikely that a significant
reduction in the cost of gasoline, diesel fuel or biofuels will occur in the next several years; and
WHEREAS financial incentives have a significant impact on commute decisions; and
WHEREAS the federal tax code provides a variety of financial incentives related to commuter benefits for
employers and employers; and
WHEREAS mass transit is a viable alternative that can reduce the cost of transportation for Oakland
County worker and their families; and
WHEREAS Federal law lets private employers, non-profit organizations, and public agencies to
implement a Transit Commuter Benefit Program so that workers receive up to $115 a month in employer-
paid tax-free transit costs, or take up to $115 a month in tax-sheltered payroll deductions in transit costs;
and
WHEREAS “transit benefits” are defined as passes, vouchers, or similar fare media provided to
employees to cover their transit or qualified vanpool commuting costs; and
WHEREAS the Transit Commuter Benefit Program saves the employer money by eliminating payroll
taxes on the value of the benefit, and saves employees money by eliminating their share of payroll taxes,
and local, state, federal taxes on the value of transit benefit; and
WHEREAS Suburban Mobile Authority for Regional Transportation (SMART), the largest transit authority
in Oakland County and all of Michigan, offers a Transit Commuter Benefit Program called the SMART
TransitChek Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
County Executive through the Human Resources Department to implement a voluntary Transit Commuter
Benefit Program for all county employees.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County
Executive through the Human Resources Department to enroll in the SMART TansitChek Program.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners are updated on the
status of Oakland County’s enrollment within 30 days of adoption of this resolution.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages Oakland
County’s cities, villages, and townships, businesses and nonprofits also to enroll into the SMART
TransitChek Program.
BE IT FURTHER RESOLVED that a copy of this adopted resolution be forwarded by the Oakland County
Clerk to the Oakland County Business Roundtable, and all Oakland County’s cities, villages, and
townships.
Commissioners Minutes Continued. September 4, 2008
750
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, TIM BURNS, VINCENT
GREGORY, KAREN SPECTOR, MARCIA
GERSHENSON, JIM NASH, DAVID COULTER,
ERIC COLEMAN, HELAINE ZACK, TIM
GREIMEL
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08179
BY: Personnel Committee, Thomas F. Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – CREATION OF COLLEGE INTERN JOB
CLASSIFICATION AND POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #84084 allocated funds to Human Resources for a paid Intern
Program; and
WHEREAS since 1984 the County’s paid Intern Program has provided cost effective assistance to
departments and provided a source of recruitment for County vacancies while benefiting college students
with professional mentoring experiences; and
WHEREAS the current program is funded by a GF/GP Human Resources line item of $199,800 with an
additional $18,000 revenue from the Circuit Court mediation fund for two court interns; and
WHEREAS the Human Resources Department proposes to disburse the current intern funds from the
Human Resources line item to departments to create college intern positions that departments may fill
with students from various colleges and universities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
creation of a College Intern classification at an $8.75 per hour flat rate.
BE IT FURTHER RESOLVED that funds from the Human Resources “Intern Program” line item be
utilized to create the following GF/GP College Intern positions within Departments where internships
currently exist effective with the County’s Fiscal Year 2009 Budget.
Number of
Positions
Hours per
Position Department/Division Department
Number
1 1,000 Circuit Court/Adult Treatment Court Program 3010301
1 1,000 Circuit Court/Family Court/Juvenile Psychological Clinic 3010402
2 1,000 Circuit Court Family/FOC/Client Job Referral Program 3010404
1 1,000 County Executive/Emergency Response and
Preparedness 1010115
1 1,000 Management and Budget/Purchasing 1020401
1 1,000 Human Resources/Workforce Management 1050402
1 520 Human Services/Health/Laboratory 1060212
5 1,000 Human Services/Children’s Village 1060501
2 1,000 Public Services/Community Corrections 1070410
1 1,000 Public Services/MSU Extension 1070501
1 825 Public Services/Animal Control 1070801
2 1,000 Economic Development and Community Affairs 1090101
1 520 Economic Dev and Community Affairs (Waste Resource
Management) 1090105
1 1,000 Economic Dev and Community Affairs (Arts and Culture) 1090108
1 1,000 Economic Dev and Community Affairs (Marketing and
Communication) 1090108
Commissioners Minutes Continued. September 4, 2008
751
1 1,000 Economic Dev and Community Affairs (Financial Services) 1090202
23 Total
BE IT FURTHER RESOLVED that the following GF/GP College Intern positions be created and
reimbursed from the Circuit Court mediation fund.
Number of
Positions
Hours per
Position Department/Division Department
Number
1 1,000 Circuit Court/Alternative Dispute 3010301
1 1,000 Circuit Court/Friend of the Court/Client Job Referral
Program 3010404
2 Total
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Douglas stated there were no items to report form the Planning and Building Committee
on the Regular Agenda.
MISCELLANEOUS RESOLUTION #08180
BY: Public Services Committee, Jeff Potter Chairperson
IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2006 the Oakland County Board of Commissioners created the Criminal Justice
Coordinating Council (CJCC) to plan, develop and implement innovative programs to alleviate jail
overcrowding; and
WHEREAS tethering defendants prior to release from jail has proven to be an effective tool for monitoring
their whereabouts and enforcing the conditions of release; and
WHEREAS the Criminal Justice Coordinating Council recommended a six month pilot program to study
the impact that subsidized or reduced cost monitoring would have on jail overcrowding; and
WHEREAS the Pilot Tethering Program was initiated pursuant to Miscellaneous Resolution #07226, in
April 2008, and is successfully averaging 20 inmates per month, which positively impacts the availability
of jail space for more serious offenders; and
WHEREAS the cost per day to house an inmate at Oakland County Jail is in excess of $96 per day and
It is more cost effective to subsidize defendants participation in tethering or other monitoring programs in
lieu of jail; and
WHEREAS the Criminal Justice Coordinating Council is recommending a one (1) year extension of the
Pilot Tethering Program, Fiscal Year 2008 – Fiscal Year 2009.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a
one (1) year extension of the pilot program in the 6th Circuit Court, and District Courts interested in
participating, for inmates who meet eligibility criteria developed by the Oakland County Sheriff’s Office,
approved by the Chief Circuit Court Judge.
BE IT FURTHER RESOLVED that the Sheriff’s Office reports the results of the pilot tethering program to
the Public Services and Finance Committees at the end of this one (1) year extension of the program.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
REPORT (MISC. #08180)
BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson
IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 4, 2008
752
The Oakland County Criminal Justice Coordinating Council recommends approval of the attached
suggested resolution.
Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I move acceptance
of the foregoing report.
CRIMINAL JUSTICE COORDINATING COUNCIL
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08181
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) - EXPANSION OF TETHER
PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2005, the Oakland County Board of Commissioners adopted Miscellaneous Resolution
#05152 to create the Criminal Justice Coordinating Council (CJCC), whose membership is comprised of
stakeholders representing all components in the Oakland County justice system; and
WHEREAS the CJCC was charged with addressing chronic county-wide jail overcrowding issues and has
devised and implemented several programs to manage increasing jail population; and
WHEREAS one accomplishment of the CJCC was the passage of Public Act 140 of 2007, amendments
to the Jail Overcrowding Emergency Act, which enable counties to better manage chronic jail
overcrowding. This new law resulted in reducing the number and frequency of jail overcrowding releases
and allows counties to manage rising jail populations in a sensible and orderly fashion through limited,
targeted and controlled releases of nonviolent offenders; and
WHEREAS another successful initiative based on the recommendation of the CJCC and adopted by the
Board of Commissioners pursuant to Miscellaneous Resolution #07226 is the electronic tether for low risk
offenders who have completed at least 50% of their sentences; this device monitors and tracks their
movement throughout the community in real-time and allows pretrial officers and law enforcement to
ensure the offenders are abiding by their established curfews and geographical boundaries. This
electronic monitoring system has proven to be a cost-effective alternative to incarceration; and
WHEREAS the CJCC now seeks to direct its efforts to the following projects, as further detailed below:
(1) Expansion of the tether program, which has primarily been utilized by the Circuit Court for felons,
to include district courts and misdemeanants; and
(2) Establishment of a pilot project to address a segment of the jail population which, heretofore, has
received little attention - the “driving while license suspended” (DWLS) and “No ops” (operating a
vehicle without a license in one’s possession) offenders; and
WHEREAS the DWLS proposal is twofold: one to devise a preventative program whereby individuals
who have not yet been charged with DWLS would receive assistance from volunteers in the legal
community to help guide them through the license reinstatement process; and
WHEREAS the CJCC recognizes that the Michigan Secretary of State is an essential partner to such a
program, and further, that this effort will likely involve legislative and other regulatory revisions on issues
under the jurisdiction of the Secretary of State; and
WHEREAS the CJCC is prepared to partner with the Secretary of State on these legislative and
regulatory issues to address program features which may include but are not limited to: amnesty, waivers
or reduction in fees, payment plans, and other reasonable and creative alternatives; and
WHEREAS the second prong of this twofold approach addressing the DWLS population would be
directed at incarcerated persons charged and convicted of DWLS or No ops misdemeanors;
approximately 40 individuals are in custody on these charges everyday, and frequently these are the only
offenses for which they have been charged; and
WHEREAS it is envisioned that eligible participants would be counseled on license reinstatement and
required to attend driver safety school and/or some other remedial training; further, with the cooperation
of the district courts, these individuals may be viable candidates for the tether program expansion
referenced above; and
WHEREAS it is anticipated that the Sheriff's office would need additional personnel to handle the
management and tracking of these offenders. The estimated cost for sufficient Part-Time Non-Eligible
(PTNE) employees is estimated at $22,077.
Commissioners Minutes Continued. September 4, 2008
753
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
applauds the fine work of the CJCC and its achievements in devising and implementing programs to
successfully address chronic jail overcrowding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the ongoing
effort to reduce jail overcrowding through the adoption of the recommendations from the CJCC to expand
the tether program and to create a new pilot program to address the “DWLS” segment of potential
offenders as well as those who are in custody on DWLS and No Ops charges.
BE IT FURTHER RESOLVED that the CJCC, in conjunction with Circuit Court Administration and County
Executive Administration are requested to provide a proposed budget to the Board of Commissioners to
adequately fund the staff and resources to implement these projects from funds designated for this
purpose in the Fiscal Year 2008 - 2009 Budget.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan
Secretary of State to partner with the CJCC to establish the necessary policies and legislative and
regulatory revisions to enable these pilot programs to be realized.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm, Secretary of State Terri Lynn Land, the Oakland
County Criminal Justice Coordinating Council, the Oakland County Delegation to the Michigan
Legislature, the Michigan Association of Counties and Oakland County’s lobbyists.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
REPORT (MISC. #08181)
BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson
IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) – EXPANSION OF TETHER
PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Oakland County Criminal Justice Coordinating Council recommends approval of the attached
suggested resolution.
Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I move acceptance
of the foregoing report.
CRIMINAL JUSTICE COORDINATING COUNCIL
The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #08172 (Amended)
BY: Commissioner Robert Gosselin, District #13
IN RE: DESIGNATING JOHN R ROAD IN HONOR OF GEORGE W. SUAREZ
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS George W. Suarez, the late Oakland County Commissioner from District #24 and our
colleague and friend was a man who spent his life in the service of his neighbors, community and
Oakland County as a whole; and
WHEREAS George W. Suarez served his beloved Madison Heights for almost half the time the city has
been in existence – first as a Council Member and later as Madison Heights Mayor for more than twenty
years; and
WHEREAS George W. Suarez served his community so admirably that Madison Heights Mayor Pro Tem
Margene Ann Scott is quoted as saying of George, “He’s probably the one person who shaped our history
more than any other person. He brought us through a very crucial time in our history”; and
WHEREAS after George W. Suarez was elected to the Oakland County Board of Commissioners in 1998,
he continued to serve the Madison Heights area as a member of the Knights of Columbus Father Heary
Council; and of VFW North End Post 140; was on the Board of Directors of the Boys and Girls Club of
South Oakland County; and was deeply involved at his beloved St. Vincent Ferrer Catholic Church. There
he served as a Eucharistic Minister, especially helping out the handicapped to make sure all parishioners
could get communion, while also serving with the usher board; and
Commissioners Minutes Continued. September 4, 2008
754
WHEREAS during his entire time in public service, George W. Suarez was highly regarded as a man who
made very good decisions for his constituents, was even-handed in running meetings, and listened to all
points of view – even those with which he strongly disagreed; and
WHEREAS throughout all the ups and downs that surrounded him in his public life, during good times and
bad, during calm discussions and heated ones, George W. Suarez always remained a gentleman, a man
who had good rapport with colleagues of both political parties, was extremely well liked by all he met, and
in the words of Madison Heights Mayor Edward Swanson was “a class act”; and
WHEREAS one of the legacies of George W. Suarez was his success in improving the roads in District 24
– not just in Madison Heights, but in the portions of Troy and Royal Oak which he also served.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
designates John R Road, from Ten Mile Road to Big Beaver Road, as GEORGE W. SUAREZ
GENTLEMAN’S HIGHWAY. This new designation will last until December 31, 2008, at which time the
street signs with the name “George W. Suarez Gentleman’s Highway” will be presented to Mr. Suarez’
family.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the City of
Madison Heights and the City of Troy to join with us in designating John R. Road in honor of Mr. Suarez.
Chairperson, we move the adoption of the foregoing resolution.
ROBERT GOSSELIN, EILEEN KOWALL, ERIC
COLEMAN, HUGH CRAWFORD, TIM BURNS,
DAVE WOODWARD, BRADFORD JACOBSEN,
HELAINE ZACK, JOHN SCOTT, DAVID
COULTER, TOM MIDDLETON, JIM NASH,
MICHAEL GINGELL, KAREN SPECTOR,
DAVID POTTS, MARCIA GERSHENSON,
CHRISTINE LONG, MATTIE HATCHETT, SUE
ANN DOUGLAS, TIM GREIMEL, JEFF
POTTER, MIKE ROGERS, VINCENT
GREGORY, BILL BULLARD
Moved by Gosselin supported by Gingell to reconsider MISCELLANEOUS RESOLUTION #08172 –
DESIGNATING JOHN R ROAD IN HONOR OF GEORGE W. SUAREZ.
A sufficient majority having voted in favor, the resolution was before the Board for reconsideration.
Moved by Gosselin supported by Gingell the resolution be amended in the third paragraph as follows:
WHEREAS George W. Suarez served his community so admirably that Madison Heights
Mayor Pro Tem Margene Ann Scott is quoted as saying of George, “He’s probably the one
person who shaped our history more than any other person. He brought us through a very
crucial time in our history”; and
Vote on amendment:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen,
Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard,
Burns. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. September 4, 2008
755
Vote on resolution, as amended:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen,
Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns,
Coleman. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #08182
BY: Commissioners Helaine Zack, Bradford C. Jacobsen, Karen Spector, Tim Burns, Marcia Gershenson
IN RE: BOARD OF COMMISSIONERS – ESTABLISH OAKLAND COUNTY SENIORS STUDY GROUP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the first Baby Boomers, who were born between 1946 and 1964, begin qualifying for Social
Security retirement benefits in 2008. This has been referred to as the “Silver Tsunami” that is about to hit
Oakland County; and
WHEREAS it is projected that Oakland County will experience an unprecedented older adult population
growth, and the number of seniors will double by 2030; and
WHEREAS it is anticipated that by 2020, 29 of Oakland County’s 61 communities will have more seniors
over the age of 65 than school-age children; and
WHEREAS surveys indicate that 59% of Baby Boomers plan to relocate in their retirement years. This
could be a devastating loss to local communities, Oakland County, our region and the State of Michigan;
and
WHEREAS according to the U.S. Census Bureau, the median income for an Oakland County
householder age 65 and older in 2006 was $38,838, most of which is income from social security, a
pension, or investment earnings that are imported into our local economy; and on average seniors spend
92% of their monthly income each month; and
WHEREAS it is incumbent upon community leaders to be proactive in addressing this impending senior
population boom by being prepared to provide services and create conditions that will encourage older
adults to remain in and relocate to Oakland County and our region; and
WHEREAS it would be beneficial for the Oakland County Commissioners and Oakland County Executive
Administration to work with service providers and local communities to assess the needs of senior citizens
and prepare a county-wide strategic plan to create “Elder-Friendly” communities that are sensitive to the
needs of older adults, and offer a social and physical infrastructure that makes older adults want to
remain in Oakland County throughout their retirement years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
establishes an Oakland County Seniors Study Group for the purpose of assessing the current and future
needs of a growing older adult population in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Seniors Study Group is to recommend a strategic
plan that identifies existing, as well as, needed resources throughout Oakland County which will enable
the County and local communities to provide “Elder-Friendly” services that are accessible and affordable,
including, but not limited to: housing options; mobility features, like public transportation and walkable
areas; attractive social, recreational, and leisure activities; opportunities for civic engagement; and a
strong safety net of social services with choices to support senior independence.
BE IT FURTHER RESOLVED that the membership of the Oakland County Seniors Study Group should
include:
Commissioner Helaine Zack, Chairperson
2 Majority Party Commissioners
1 Minority Party Commissioner
1 representative from the Health and Human Services Department
1 representative from the Area Agency on Aging1-B
1 representative from Oakland Livingston Human Services Agency
1 representative from United Way for Southeast Michigan
1 representative from the medical community
1 representative/director of a senior center
1 representative from the Oakland County Senior Advisory Council
Commissioners Minutes Continued. September 4, 2008
756
1 representative from local government
1 member of the general public
BE IT FURTHER RESOLVED that other interested individuals/organizations may be invited to join or offer
assistance by the Chairperson of the Oakland County Seniors Study Group.
BE IT FURTHER RESOLVED that the Oakland County Seniors Study Group shall report their findings
and any recommendations by December 31, 2009, to the Oakland County Board of Commissioners and
provide quarterly updates to the General Government Committee.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to County Executive L. Brooks Patterson, George Miller (Director of Oakland County’s
Health and Human Services Department), the Area Agency on Aging, the Oakland Livingston Human
Services Agency and United Way.
Chairperson, we move the adoption of the foregoing resolution.
HELAINE ZACK, BRADFORD JACOBSEN,
KAREN SPECTOR, TIM BURNS, VINCENT
GREGORY, JIM NASH, ERIC COLEMAN,
DAVID COULTER, MARCIA GERSHENSON,
BILL BULLARD, MICHAEL GINGELL, TOM
MIDDLETON, ROBERT GOSSELIN, MIKE
ROGERS, DAVID POTTS, SUE ANN
DOUGLAS, JOHN SCOTT, EILEEN KOWALL,
TIM GREIMEL, DAVID WOODWARD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #08183
BY: Commissioner David W. Potts, District #20
IN RE: DRAIN COMMISSIONER – NAME CHANGE FROM THE OFFICE OF THE OAKLAND COUNTY
DRAIN COMMISSIONER TO THE OFFICE OF THE OAKLAND COUNTY WATER RESOURCES
COMMISSIONER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Michigan Public Act 342 of the Public Acts of 1939, the Oakland County Board of
Commissioners has established a county public improvement agency designating the Oakland County
Drain Commissioner as the county agent responsible for the design, construction, administration,
operation and maintenance of water supply and sewage disposal systems; and
WHEREAS pursuant to Michigan Public Act 185 of the Public Acts of 1957 and Miscellaneous Resolution
#93075, the Oakland County Board of Commissioners designated the drain commissioner as the county
agency responsible for the administration, operation and maintenance of multiple water supply and
sewage disposal systems located in Oakland County; and
WHEREAS pursuant to Miscellaneous Resolution #03162, the Oakland County Board of Commissioners
designated the drain commissioner as Oakland County’s enforcing agent responsible for administering
and enforcing Part 91 “Soil and Sedimentation Control” of the Michigan Natural Resources and
Environmental Protection Act, Michigan Public Act 451 of the Public Acts of 1994, as amended (“Act
451”); and
WHEREAS pursuant to Part 307 “Inland Lake Levels” of Act 451, the Oakland County Board of
Commissioners has designated the drain commissioner as the county delegated authority for
administration, operation and maintenance of court-determined lake levels within Oakland County; and
WHEREAS pursuant to Miscellaneous Resolution #98334, the Oakland County Board of Commissioners
designated and authorized the drain commissioner to apply for coverage under the State of Michigan
Watershed-based Storm Water General Permit for all Oakland County departments; and
WHEREAS Michigan Public Act 51 of the Public Acts of 2007 amended Act 40 of the Public Acts of 1956,
as amended (“Drain Code”), provides that a drain commissioner who performs functions in addition to
those functions under the drain code, such as operating sewers, maintaining lake levels, enforcing soil
erosion and sedimentation control and facilitating compliance with federal Clean Water Act mandates,
may, by resolution approved by a majority of the county board of commissioners and with the consent of
Commissioners Minutes Continued. September 4, 2008
757
the drain commissioner, change the name from the Office of the Drain Commissioner to the Office of the
Water Resources Commissioner; and
WHEREAS the Oakland County Drain Commissioner consents to and recommends to the Board of
Commissioners to change the name from the Office of the Oakland County Drain Commissioner to the
Office of the Oakland County Water Resources Commissioner.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
changes the name of the Office of the Oakland County Drain Commissioner, which shall henceforth be
known as the Office of the Oakland County Water Resources Commissioner.
BE IT FURTHER RESOLVED that this name change shall take effect on November 5, 2008.
Chairperson, I move the adoption of the foregoing resolution.
DAVID POTTS
The Chairperson referred the resolution to the Planning and Building Committee and the Finance
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #08184
BY: Commissioner Tim Greimel, District #11 and Commissioner Mattie McKinney-Hatchett, District #10
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ESTABLISHMENT OF AN OAKLAND
UNIVERSITY NURSING SCHOOL AT THE SITE OF POH REGIONAL MEDICAL CENTER
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS this Board supports continued access to quality healthcare for Oakland County residents; and
WHEREAS this Board supports the saving and creating of jobs in the difficult economic climate facing
Oakland County; and
WHEREAS there is an acute shortage of nurses throughout the State of Michigan, including Oakland
County; and
WHEREAS the shortage of nurses threatens to curtail growth in the healthcare sector, which is potentially
one of the fastest growing economic sectors in Oakland County; and
WHEREAS Oakland University is interested in establishing a nursing school at the site of POH Regional
Medical Center; and
WHEREAS the establishment of such a nursing school would train students to fill high-paying jobs in
Oakland County; and
WHEREAS the establishment of such a nursing school would help to alleviate the shortage of nurses in
Oakland County and the State of Michigan, thereby facilitating continued economic growth in the
healthcare sector.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
endorses the establishment of a nursing school by Oakland University on the site of POH Regional
Medical Center and encourages all relevant parties to work cooperatively toward that end.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the
Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, to
members of the Oakland County delegation to the Michigan legislature, to Oakland County's legislative
lobbyists, to the Mayor of the City of Pontiac, to the members of the City Council of the City of Pontiac, to
the President and Chief Executive Officer and to the board of directors of POH Regional Medical Center,
and to the President and to the members of the Board of Trustees of Oakland University.
Chairperson, we move the adoption of the foregoing resolution.
TIM GREIMEL, MATTIE HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. September 4, 2008
758
MISCELLANEOUS RESOLUTION #08185
BY: Commissioner David Woodward
IN RE: BOARD OF COMMISSIONERS – DECLARATION OF SEPTEMBER 21 – 27, 2008 AS
MICHIGAN NONPROFIT WEEK IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there are 47,000 nonprofit organizations throughout the State of Michigan, including 31,000
charitable organizations, which contribute significantly to our state’s economy and to enhancing the
quality of life for all citizens; and
WHEREAS in the metropolitan region, which includes Oakland County, there are 2,466 nonprofits,
including 846 in human services, 401 in education, 379 in health services, and 207 in the arts and
humanities; and
WHEREAS these nonprofits in the metropolitan region contribute over $15 billion to our local economy;
and
WHEREAS the Foundation Center study of 2001 found that there are 540 private foundations located in
Oakland County which provide grants annually in excess of $207 million; and
WHEREAS in 2001, Michigan’s nonprofit organizations reported total assets of over $80 billion; and
WHEREAS nonprofit organizations in Michigan employ over 315,000 staff members and engage over 1
million volunteers, who are dedicated to upholding the highest standards of community service, working
or donating their time, energy and effort to make a positive difference in the lives of others; and
WHEREAS the Michigan nonprofit organizations generate an additional 135,000 jobs in other sectors;
and
WHEREAS Michigan’s nonprofit organizations annually generate more than $68 billion in total economic
activity; and
WHEREAS from 1995 to 2001 Michigan’s nonprofit sector grew faster than the overall state’s economy;
and
WHEREAS these nonprofit organizations play a vital role and we applaud their commitment to serving the
educational, cultural, civic, health, religious, human service, recreational, philanthropic, environmental,
ethnic, and other diverse needs of Oakland County, the metropolitan region and the State of Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declare
September 21 – 27, 2008, as Michigan Nonprofit Week in Oakland County, in recognition of the
tremendous contributions of nonprofit organizations and foundations in strengthening and transforming
communities and enhancing the quality of life of all of our citizens.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners extend our heartfelt
thanks and appreciation to the board members, donors, volunteers, and support staff of nonprofit
organizations and foundations for their dedicated service that strengthens communities, promotes
volunteerism and enhances philanthropy.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Michigan Association of Counties, the Michigan Nonprofit Association, the
Council of Michigan Foundations, the Community Foundation of Southeast Michigan, and the Michigan
Community Service Commission.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, ERIC COLEMAN, DAVID
COULTER, MATTIE HATCHETT, JIM NASH,
TOM MIDDLETON, KAREN SPECTOR,
MICHAEL GINGELL, MARCIA GERSHENSON,
SUE ANN DOUGLAS, DAVID POTTS, JOHN
SCOTT, VINCENT GREGORY, BILL BULLARD
Moved by Woodward supported by Nash to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #08185 – BOARD OF COMMISSIONERS – DECLARATION OF SEPTEMBER 21 – 27,
2008 AS MICHIGAN NONPROFIT WEEK IN OAKLAND COUNTY.
Commissioners Minutes Continued. September 4, 2008
759
Vote on motion to suspend the rules:
AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall,
Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #08185 – BOARD OF COMMISSIONERS – DECLARATION OF
SEPTEMBER 21 – 27, 2008 AS MICHIGAN NONPROFIT WEEK IN OAKLAND COUNTY carried.
Moved by Woodward supported by Nash the resolution be adopted.
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long,
Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman,
Coulter, Douglas. (22)
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 September 18, 2008, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson