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HomeMy WebLinkAboutMinutes - 2009.06.11 - 8502308 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 11, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:46 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Robert Gosselin. Pledge of Allegiance to the Flag. Moved by Capello supported by Coleman the minutes of the May 21, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE c. Multidepartmental: Sheriff’s Office, Community Corrections, Circuit Court, Prosecuting Attorney and 52-3 District Court – 2009 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Inter-governmental Agreement and Grant Application (Reason for Suspension of Public Services Committee, item c.: Waiver of Rule III: Item shall be presented to Board Chair for inclusion on Board agenda five days prior to Board meeting. Committee meetings (Finance also) held immediately prior to today’s Board meeting. Deadline for submission to Grantor Agency is June 17, 2009. Inter-governmental agreements were not signed in time to meet last committee deadline and no other regular committee meetings were scheduled for the rest of June.) Vote on Agenda, as amended: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the Agenda, as amended, was approved. Commissioners Minutes Continued. June 11, 2009 309 Chairperson Bill Bullard, Jr., together with Commissioners Eric Coleman, Marcia Gershenson, Shelley Taub, John Scott, Christine Long, Bradford Jacobsen, Janet Jackson, Helaine Zack, David Coulter and Tom Middleton, presented a proclamation honoring Gregory Kelser for his lifetime of achievements and lifetime of giving, and wished him continued success with his upcoming summer basketball camps at West Bloomfield High School. Gregory Kelser addressed the Board. Chairperson Bill Bullard, Jr., together with Commissioners Tim Greimel, Sue Ann Douglas, Robert Gosselin and Michael Gingell, presented a proclamation to Gary Winkelman recognizing him for his exceptional work as a journalist and as the Community Editor for the Rochester Eccentric. They also presented a proclamation to Annette Kingsbury for her exceptional work as a journalist for the Rochester Eccentric. Gary Winkelman addressed the Board. Tim McGuire and Tom Hickson, representatives of Michigan Association of Counties, gave a presentation. Alice Benbow spoke during public comment. Moved by Runestad supported by Jackson 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 334. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09124 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF OAKLAND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2009 Budget and therefore, no budget amendment is recommended; and WHEREAS several contracts are anticipated to be renewed, generating approximately $66,000 in additional revenue, which will be incorporated into the FY 2010 - 2011 County Executive Recommended Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2009 through June 30, 2011 with the Township of Oakland, which has been signed by its authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CHARTER TOWNSHIP OF OAKLAND (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CHARTER TOWNSHIP OF OAKLAND (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 OAKLAND, a Michigan Constitutional and Municipal Corporation whose address is 4393 Commissioners Minutes Continued. June 11, 2009 310 Collins Road, Rochester, Michigan 48306-1510 (hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.” INTRODUCTORY STATEMENTS A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County's Equalization Division assistance in performing the “Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services" under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or Commissioners Minutes Continued. June 11, 2009 311 predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. "Municipality Agent" shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity. 1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or State), any statute, rule, regulation or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened and arising out of any alleged breach of any duty by the County and/or any County Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County’s and/or any County Agent’s participation in this Contract. 1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws. 1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal, and/or the State Department of Treasury. §2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as described and limited in the following subsections (hereinafter defined and referred to as either “Equalization Division Assistance Services” or "Services”). 2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED "Equalization Division Assistance Services" or "Services", to be performed by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities: 2.1.1. This Contract is to provide for annual assessment of real and personal property through the 2011 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 Commissioners Minutes Continued. June 11, 2009 312 Municipality's official functions, obligations, and Municipality's legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws. 2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all "Equalization Division Assistance Services" or "Services" to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County's "Equalization Division Personnel" as defined herein. 2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. 2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract. 2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent's employment status. 2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable County employment and/or union contract, and/or any County rule(s), regulation(s), hours of work, shift assignment, order(s), policy(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 Commissioners Minutes Continued. June 11, 2009 313 for any Equalization Division Personnel performing any County duty or obligation under the terms of this Contract. 2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent. 2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County's Equalization Division Assistance Services duty or obligation under the terms of this Contract. 2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services" or assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract. 2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body. 2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court. §3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein. §4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or Commissioners Minutes Continued. June 11, 2009 314 liability associated with any governmental function delegated and/or entrusted to the Municipality under any applicable State Property Tax Laws. 4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law. 4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County. 4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law. 4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law. §5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or character of office of either Party to any other person or Party. 5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party's County or Municipal Agents. 5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal. §6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County: For the contract years 2009 - 2010 and 2010 - 2011, the sum of $15.90 for each year for each real property description and $12.40 each year for each personal property description rendered during the life of this Contract. Payment for the contract year 2009 - 2010 is payable on or before July 1, 2010 and payment for the contract year 2010 - 2011 is payable on or before July 1, 2011. If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions: 6.1.1. One evening meeting as required by law under MCL § 211.29(1). 6.1.2. Dates requiring overtime set by the Municipality Charter. 6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property 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 Commissioners Minutes Continued. June 11, 2009 315 authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. 6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. 6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract. 6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. §7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract. 7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome. 7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party's efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk and the limitations of liability as specified herein. 7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, 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 Commissioners Minutes Continued. June 11, 2009 316 carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract. 7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this contract, including, but not limited to, the applicable millage rate. The parties agree that under no circumstances shall the County be held liable to the Municipality or any third party based upon any error in any tax statement due to information supplied by the Municipality to the County for such purposes. §8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. 8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality's duties or obligations under any applicable State Property Tax Laws are satisfied. 8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent's employment status or any alleged violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent's wages, compensation, benefits, or other employment-related or based rights, including, but not limited to, those described in this section. 8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. 8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In 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. Commissioners Minutes Continued. June 11, 2009 317 8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant. 8.7. The Municipality agrees that its agents will perform the following functions: 8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County’s Computer terminals. 8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization Division on a monthly basis. 8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality. 8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of property located within the Municipality to the County’s Equalization Division in a timely manner. 8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County’s Equalization Division. 8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks. §9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. §10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality. §11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered judgment or award to a third party for which a court has determined that the County and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and hold the County and/or any County Agent harmless from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County Agent by any Municipality Agent under any circumstances or by any person which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. §12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or 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 Commissioners Minutes Continued. June 11, 2009 318 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 Oakland. 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 Oakland and shall also be filed with the office of the Clerk of the County and the Clerk for the Charter Township of Oakland. §14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner. §15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. §16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or non- possessive shall be deemed to include the other whenever the context so suggests or requires. §17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. §18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. §19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. §20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire agreement between the County and the Municipality and fully supersedes any and all prior 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 Commissioners Minutes Continued. June 11, 2009 319 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, Joan Fogler, Supervisor of the Charter Township of Oakland, hereby acknowledges that she has been authorized by a resolution of the Board of Trustees of the Charter Township of Oakland, 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: __________________ Joan Fogler, Supervisor Charter Township of Oakland WITNESSED: __________________________ DATE: __________________ Judy Workings, Clerk Charter Township of Oakland IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTED: _________________________________ DATE: __________________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: _________________________________ DATE: __________________ Ruth Johnson, Clerk/Register of Deeds County of Oakland (The vote for this motion appears on page 334.) *REPORT (MISC. #09120) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: CLERK/REGISTER OF DEEDS – POSITION DELETIONS TO REDUCE COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #09120 on June 3, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09120 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS – POSITION DELETIONS TO REDUCE COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive has assigned new departmental budget tasks and declared a triennial budget plan for Fiscal Years 2010, 2011 and 2012; and WHEREAS the County Clerk/Register of Deeds has reviewed the assigned estimated budget task for General Fund/General Purpose Funds; and WHEREAS in response to the weakened economy and budget shortfalls facing Oakland County, the Clerk/Register of Deeds proposes the deletion of eight (8) vacant Summer Clerical positions (2010101- 03992, 2010205-04545, 2010301-03997, 2010401-03998, 2010401-03999, 2010601-06769, 2010601- 06776 and 2010601-09519); and WHEREAS the savings from the position deletions will be fully applied towards the Clerk/Register of Deeds 2010, 2011 and 2012 budget task; and WHERAS the duties that were previously assigned to these positions will be redistributed to other divisional employees; and WHEREAS the remaining portion of the department’s budget task will be included in the triennial budget plan for Fiscal Year 2010, 2011 and 2012. Commissioners Minutes Continued. June 11, 2009 320 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of eight (8) vacant GF/GP Summer Clerical positions (2010101-03992, 2010205-04545, 2010301-03997, 2010401-03998, 2010401-03999, 2010601-06769, 2010601-06776 and 2010601- 09519). Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #09120) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS – POSITION DELETIONS TO REDUCE COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Clerk/Register of Deeds Department has proposed a plan to reduce costs to meet their budget task for FY 2010, 2011 and 2012. The proposed position deletions will be built into the FY 2011 and 2012 County Executive Recommended Budget. 2. The Clerk/Register of Deeds proposes the deletion of eight (8) vacant Summer Clerical positions in FY 2009. 3. A budget amendment for FY 2009 is recommended as follows to reflect the deletion of the vacant Summer positions: GENERAL FUND (#10100) FY 2009 Expenditures 9090101-196030-740163 Summer Employees Reserve ($40,200) 2010101-180000-740023 Budget Transition (Clerk Admin) 40,200 Total Expenditures $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 334.) *MISCELLANEOUS RESOLUTION #09121 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2nd QUARTERLY REPORT FOR FY 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 2nd Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS funding is available through Community & Home Improvement grant funds to implement salary grade changes resulting from recommended Proprietary salary grade changes. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 2nd Quarterly Report for FY 2009, which includes the following classification changes: Salary Grade Classification From To Position Number Retitle Sr Community & Home Improvement Technician to Housing Counseling & Homeless Services Supervisor 12 14 1090680-03354 Commissioners Minutes Continued. June 11, 2009 321 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #09121) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 2nd QUARTERLY REPORT FOR FY 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2. One (1) Special Revenue Senior Community & Home Improvement Technician position in the Community and Home Improvement Division will be upgraded from a grade 12 to a grade 14 and retitled to Housing Counseling & Homeless Services Supervisor, at an annual cost of $5,561 and $1,497 for the remainder of FY 2009 in salaries and fringe benefits. 3. The cost for reclassifying this position will be funded by the Community and Home Improvement Division’s Community Development Block Grant (Fund #29701). 4. The classification upgrade will be effective June 20, 2009. 5. No General Fund/General Purpose Funds are required, and no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 334.) *MISCELLANEOUS RESOLUTION #09122 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2009 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2009 season; and WHEREAS the Sheriff's Office, in conjunction with the Paint Creek Trailways, is proposing to contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates for the 2009 season are included in the contract and the Department of Management and Budget is in agreement; and WHEREAS Corporation Counsel has approved this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the attached contract. BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R. #06129 are contingent upon renewal of this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PAINT CREEK TRAILWAYS CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2009 This CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereinafter the “CONTRACT”) is made and entered into between the PAINT CREEK TRAILWAYS, a public corporation, whose address is 4393 “Collins Road, Rochester, Michigan, 48306, (hereafter the ‘COMMISSION’) and THE COUNTY OF Commissioners Minutes Continued. June 11, 2009 322 OAKLAND A Michigan Constitutional and Municipal Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (hereinafter the “COUNTY”). The COUNTY is also represented in this CONTRACT by the OAKLAND COUNTY SHERIFF, Michael J. Bouchard, in his official capacity as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the “SHERIFF”). In this CONTRACT when the COUNTY and SHERIFF are referred to jointly and collectively, they will be referred to as the “OAKLAND COUNTY SHERIFF’S OFFICE” or, as abbreviated, the “O.C.S.O.” INTRODUCTORY STATEMENTS A. The COMMISSION is a public corporation, created pursuant to MCL 124.501, for the purpose of owning, exercising right of dominion over, developing, providing, maintaining and operating certain non-motorized public tails for recreational use within the jurisdiction of member units. B. The COMMISSION has the authority to contract with other governmental units, including the COUNTY, as appropriate to carry out COMMISSION functions or fulfill COMMISSION obligations including, but not limited to, public safety. C. The O.C.S.O. is authorized to provide services within Oakland County but, absent an agreement such as this, has only limited responsibility for any police services on the PAINT CREEK TRAILWAYS. D. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq, the COMMISSION and the O.C.S.O. may enter into an agreement where the O.C.S.O. would provide additional ”POLICE PROTECTION” (as defined in Attachment A) services on the PAINT CREEK TRAILWAYS. E. The COMMISSION has requested to enter into such an agreement with the OAKLAND COUNTY SHERIFF’S OFFICE whereby O.C.S.O. “DEPUTIES” (as defined in Attachment A) would provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS. F. The O.C.S.O. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services do not: (a) impair or interfere with the O.C.S.O.’s ability to meet its other law enforcement responsibilities (b) result in any O.C.S.O. loss of operational efficiency or readiness; and/or (c) result in the assumption of any additional liability or any increased financial burden by County taxpayers. THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgements contained in this CONTRACT, and all the Attachments hereto, it is mutually agreed as follows: 1. The SHERIFF, subject to the terms of the CONTRACT, shall assign O.C.S.O. DEPUTIES in such NUMBER(S) and RANK(S) as shown in Attachment B to provide all of the POLICE PROTECTION services contemplated under this CONTRACT at the PAINT CREEK TRAILWAYS. 2. Except as otherwise expressly provided for in the CONTRACT, any DEPUTY contracted for and assigned to provide POLICE PROTECTION services at the PAINT CREEK TRAILWAYS shall work, during those hours for which the COMMISSION is being charged, only on PAINT CREEK TRAILWAYS related POLICE PROTECTION matters. The COMMISSION agrees, however, that whenever any DEPUTY contracted for and assigned to provide POLICE PROTECTION under this CONTRACT is not present at the PAINT CREEK TRAILWAYS due to any of the reasons described in the following subparagraphs, such periods of time shall be included in and counted towards hours of POLICE PROTECTION provided: a. Appearance in any Court, or at any meeting with any other law enforcement agency in connection with any prosecution or Court appearance related to COMMISSION law enforcement activities. b. Performance of any law enforcement services for the COMMISSION which takes the DEPUTY away from the PAINT CREEK TRAILWAYS. c. Any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION at PAINT CREEK TRAILWAYS to the Oakland County Jail in Pontiac, Michigan including any reasonable length of time spent at the Oakland County jail by any DEPUTY while booking such person(s); d. Any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract; and e. The performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from the PAINT CREEK TRAILWAYS but which began or arose while any DEPUTY was providing POLICE PROTECTION at PAINT CREEK TRAILWAYS (e.g. hot pursuit, transporting a person for medical attention). Commissioners Minutes Continued. June 11, 2009 323 3. Subject to the SHERIFF’S absolute right to consolidate the assigned shifts of his DEPUTIES in order to concentrate law enforcement efforts to meet particular POLICE PROTECTION priorities and needs, the SHERIFF shall assign DEPUTIES at PAINT CREEK TRAILWAYS under this CONTRACT so as to provide the broadest possible coverage of POLICE PROTECTION services. 4. The COMMISSION agrees to pay the O.C.S.O. for each hour of each DEPUTY’S POLICE PROTECTION services rendered pursuant to this CONTRACT at the rates shown in Attachment B. In addition, the COMMISSION agrees to reimburse the O.C.S.O. for any and all overtime premiums incurred and paid by the O.C.S.O. in providing POLICE PROTECTION services to the COMMISSION at the PAINT CREEK TRAILWAYS under the terms of this CONTRACT. 5. For every bi-weekly period of time (corresponding to established O.C.S.O. payroll periods) during which any DEPUTY rendered any POLICE PROTECTION services to the COMMISSION at the PAINT CREEK TRAILWAYS pursuant to this CONTRACT, the O.C.S.O. shall prepare and send to the COMMISSION an invoice which sets forth the amount due for each DEPUTY’S services rendered during that bi-weekly period, plus any charges for additional hours of work, any overtime premiums incurred, and/or holiday pay during that bi-weekly billing period. The COMMISSION agrees to pay the COUNTY the full amount due on any such invoice within 30 days of the invoice date. 6. The COMMISSION has to its satisfaction examined the O.C.S.O’s wage and cost structures and acknowledges and agrees that the reimbursement that the COMMISSION is to pay to the COUNTY under the terms of this CONTRACT is not intended to result in any net financial gain or profit for the COUNTY, but is established to guarantee that the O.C.S.O. is fully reimbursed for any and all salary costs, including overtime, and other related and necessary fringe benefit costs and expenses that the COUNTY is required to pay to, and on behalf of, any DEPUTIES, as well as the costs of equipment and supplies necessary to provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS under the terms of this CONTRACT. 7. The O.C.S.O. agrees that upon request any O.C.S.O. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the applicable costs and amounts that the COMMISSION is to reimburse and pay to the COUNTY pursuant to this CONTRACT shall be made available by appointment by the O.C.S.O. for inspection by the COMMISSION. 8. The O.C.S.O. and the COMMISSION agree and acknowledge that the POLICE PROTECTION activities provided for under the terms of this CONTRACT are strictly limited to those governmental law enforcement functions authorized by law and the POLICE PROTECTION provided for under this CONTRACT are exclusively governmental activities an functions of the type and nature that would be normally supported by tax dollars, and that this CONTRACT simply acknowledges the unusual circumstances and increased law enforcement needs and demands created by the popularity of the PAINT CREEK TRAILWAYS and the correspondingly increased financial burden on governmental law enforcement agencies as a result. 9. The COMMISSION acknowledges that, except as provided for under the terms of this CONTRACT, the SHERIFF has only limited responsibility for law enforcement services at the PAINT CREEK TRAILWAYS and is not otherwise required, except as provided herein, to assign any specific NUMBER(S) or RANK(S) OF O.C.S.O. DEPUTIES to provide law enforcement services at the PAINT CREEK TRAILWAYS. 10. The COMMISSION acknowledges and agrees that there may be circumstances beyond the SHERIFF’S control when the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement resources, his overall evaluation of Oakland County’s immediate law enforcement needs, and his determination as to the allocation of O.C.S.O. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF, and/or the O.C.S.O. may be unable to assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION at the PAINT CREEK TRAILWAYS during the term of this CONTRACT. The COMMISSION acknowledges and agrees that this CONTRACT does not, and is not intended to, create either any absolute right in favor of the COMMISSION, or any corresponding absolute duty or obligation upon the SHERIFF or the O.C.S.O. to guarantee that any specified NUMBERS(S) OR RANK(S) OF deputies will be present to provide POLICE PROTECTION SERVICES at PAINT CREEK TRAILWAYS at any time. The COMMISSION acknowledges and agrees that the O.C.S.O’s good faith and reasonable efforts to cooperate with the COMMISSION in providing POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the Commissioners Minutes Continued. June 11, 2009 324 NUMBER(S) and RANK(S) of DEPUTIES contemplated in Attachment B and the promised professionalism of the O.C.S.O. in these regards, as demonstrated throughout previous similar agreements, are appropriate and adequate consideration to justify the COMMISSION’s decision to enter into this CONTRACT. 11. The SHERIFF agrees that, in the event the SHERIFF is unable to provide any or all DEPUTIES contemplated in Attachment B at the PAINT CREEK TRAILWAYS on any given day, he shall verbally communicate that fact to the COMMISSION as soon as such fact becomes reasonably known to him. 12. The SHERIFF and the COUNTY reserve to themselves any rights and obligation relating to the provision of any and all police and/or governmental law enforcement services, and this CONTRACT does not, and is not intended to, diminish, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any DEPUTY. 13. The COMMISSION and the O.C.S.O. agree that neither the O.C.S.O. nor any DEPUTY, by virtue of this CONTRACT or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner, joint venturer, representative, or agent of the COMMISSION, and further agree that, at all times and for all purposes under the terms of this CONTRACT, the O.C.S.O.’s and all DEPUTIES’ relationship to the COMMISSION shall be controlled and governed by the terms of this CONTRACT and Attachment C, O.C.S.O. INDEPENDENT STATUS. 14. The COMMISSION agrees that this CONTRACT does not, and is not intended to, create by implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O POLICE PROTECTION services or governmental law enforcement protection in favor or to the benefit of any person beyond the O.C.S.O’s and/or any DEPUTY’s governmental law enforcement officer duty, as established under existing law to the general public. The COMMISSION agrees that all times, and for any and all purposes under this CONTRACT, the O.C.S.O. and/or any DEPUTY present at the PAINT CREEK TRAILWAYS shall be present strictly and solely to perform POLICE PROTECTION services and governmental law enforcement functions as authorized by law to and for the benefit of the general public, and under no circumstances shall the O.C.S.O. and/or any DEPUTY be obligated in any manner to undertake any activity or duty on behalf of the COMMISSION to provide any particular, direct, or specific service or benefit to or for the COMMISSION, any COMMISSION AGENT(S), or any patron or other person present at the PAINT CREEK TRAILWAYS. 15. The COMMISSION agrees that the CONTRACT does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership, maintenance, or operation of the PAINT CREEK TRAILWAYS. The COMMISSION agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for any and all costs, obligations, and/or civil liabilities associated with owning and operating the PAINT CREEK TRAILWAYS and/or permitting any person to use the PAINT CREEK TRAILWAYS, including, but not limited to, the provision of any Emergency Medical Treatment, rendering any first aid or medical treatment facilities, providing or implementing any fire or emergency evacuation plans or procedures, providing for all basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the normal operation of the PAINT CREEK TRAILWAYS which is not expressly within the definition of POLICE PROTECTION under the terms of this CONTRACT and which is not under the sole and exclusive control and direction of the O.C.S.O. The COMMISSION further agrees that it shall not reduce, eliminate, or otherwise fail to provide, in any way, the same number(s) and type(s) of security, emergency, or other personnel and/or the scope of security and emergency service(s) or protection(s) that the COMMISSION normally provides to any COMMISSION AGENT(S) or any person attending. 16. The COMMISSION agrees that no COMMISSION AGENT(S) (as defined in Attachment A), either as a result of or arising out of any act(s) by any person in the performance of any duty under this CONTRACT, shall be considered or asserted to be an employee of the O.C.S.O. The COMMISSION agrees that it shall be solely and completely liable for any and all COMMISSION AGENT(S)’ 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, worker’s disability compensation benefits, unemployment compensation, Social Security Act protection(s) and Commissioners Minutes Continued. June 11, 2009 325 benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any COMMISSION AGENT(S)’ statutory, contractual, or constitutional rights by the COMMISSION, the COUNTY or any COUNTY AGENT(S)). The COMMISSION agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any COMMISSION AGENT(S) which are based upon, result from, or arise from, or are in any way related to any COMMISSION AGENT(S)’ wages, compensation, benefits, or other employment-related rights, including, but not limited to, those described in this Paragraph. 17. The COMMISSION agrees that it shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all COMMISSION AGENT(S) fully cooperate with all DEPUTIES in providing any POLICE PROTECTION services pursuant to this CONTRACT, including but not limited to, those of Attachment C. 18. Except as otherwise provided in this Paragraph, the COMMISSION agrees to defend, indemnify and hold the COUNTY and/or any COUNTY AGENT(S) 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(S) by any person and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the COMMISSION and/or any COMMISSION AGENT(S), including, but not limited to: (a) an alleged breach of legal duty to any person by the COMMISSION and/or any COMMISSION AGENT(S); (b) any alleged failure by the COMMISSION or any COMMISSION AGENT(S) to comply with any COMMISSION duty or obligation in this CONTRACT; and (c) any other CLAIM(S) based, in any way, upon any COMMISSION or COMMISSION AGENT(S)’ services, buildings, equipment, or any other event, occurrence, duty or obligation related or attendant thereto. The COMMISSION, however, shall not be obligated to pay any portion of any court ordered judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either negligent or at fault for any specific dollar amount of damages or loss to any person other than the COMMISSION or any COMMISSION AGENT(S). The COMMISSION shall not be required or obligated to defend, indemnify, and/or hold the COUNTY or any COUNTY AGENT(S) harmless in any criminal investigation, criminal case, criminal prosecution or criminal proceeding, or pay any costs, expenses, fines, damages or liabilities, or any kind whatsoever which are incurred in or result from any criminal investigation or prosecution. 19. The COMMISSION agrees that all COMMISSION indemnification and hold harmless promises, waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this CONTRACT with regard to any acts, occurrences, events, transaction, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. 20. Except as expressly provided herein, this CONTRACT does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this CONTRACT. 21. The COMMISSION agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any O.C.S.O.’s or any DEPUTY’S POLICE PROTECTION services or duties under this CONTRACT to any other person and/or public or private corporation, entity, or organization of any kind. 22. The COMMISSION represents and warrants that it has reviewed all of its current or proposed lease and licensing agreements with its patrons, concessionaires, promoters, vendors, and other persons who are or may become contractually involved with the COMMISSION for any events or activities at PAINT CREEK TRAILWAYS, and hereby represents and warrants that the COMMISSION does not have, and will not in the future have, any other contractual agreement that will in any manner restrict, interfere with, or prohibit the COMMISSION, and COMMISSION AGENT(S), or any other person from complying with the COMMISSION’s obligations and duties as set forth in this CONTRACT. 23. The COMMISSION agrees that it shall promptly deliver to the O.C.S.O. written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that the COMMISSION becomes aware of which Commissioners Minutes Continued. June 11, 2009 326 involves in any way the O.C.S.O. or any DEPUTY. The COMMISSION agrees to cooperate with the O.C.S.O. in any investigation conducted by the O.C.S.O into any act(s) or work performance of any DEPUTY. 24. Subject to the following Paragraph, this CONTRACT shall become effective on May 1, 2009, and shall remain in effect until it expires without any further act or notice being required of any party, as 11:50 p.m. on May 1, 2010. Either the COUNTY, the SHERIFF, or the COMMISSION may cancel this CONTRACT for any reason without incurring any penalty or liability to any party as a result, before its scheduled expiration, by delivering a written notice of cancellation of this CONTRACT to the other two parties at least thirty (30) days before the effective date of cancellation (which cancellation date shall be clearly stated in this written notice), and at 11:59 P.M. on the stated effective date of cancellation, this CONTRACT shall be canceled. 25. This CONTRACT, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the COMMISSION Council. The approval and terms of the CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and COMMISSION Council and shall also be filed with the office of the Clerk for the COUNTY and the COMMISSION. In addition, this CONTRACT, and any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing with the Secretary of State. 26. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this CONTRACT to each of the signatories of this CONTRACT, or any signatory successor in office, to the addresses shown in this CONTRACT. Except as otherwise provided for herein, 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. 27. This CONTRACT is made and entered into the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this 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 to suggest or requires. 28. Absent an express written waiver, the failure of any party to pursue any right granted under this CONTRACT shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this CONTRACT. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power privilege. 29. The COUNTY, the SHERIFF, and the COMMISSION acknowledge that his CONTRACT shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 30. This CONTRACT, consisting of a total of 14 pages (including Attachments A, B, and C, which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire agreement for increased POLICE PROTECTION at PAINT CREEK TRAILWAYS between the O.C.S.O. and the COMMISSION 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 O.C.S.O and the COMMISSION 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 by concurrent resolutions of the COUNTY Board of Commissioners and the COMMISSION Council. 31. For and in consideration of the mutual promises, acknowledgements, 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, the SHERIFF, and the COMMISSION hereby agree and promise to be bound by the terms and provisions of the CONTRACT. IN WITNESS WHEREOF, ROCK BLANCHARD, Chairperson, PAINT CREEK TRAILWAYS, hereby acknowledges that he has been authorized by the Commission to execute this Contract on behalf of the PAINT CREEK TRAILWAYS and hereby accepts and binds the COMMISSION to the terms and conditions of this CONTRACT on this ____________ day of __________________, 2009. Commissioners Minutes Continued. June 11, 2009 327 WITNESS: PAINT CREEK TRAILWAYS By: By: ___________________________________ ROCK BLANCHARD, Chairperson, Paint Creek Trailways Commission 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 County of Oakland and hereby accepts and binds the County to the terms and conditions of this Agreement on this ___________day of _________________, 2009. WITNESS: OAKLAND COUNTY BOARD OF COMMISSIONERS By: By: _________________________________ BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners Copy of Attachment A, Attachment B and Attachment C on file in County Clerk’s office. FISCAL NOTE (MISC. #09122) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2009 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Paint Creek Trailways requested the Oakland County Sheriff’s Office provide Law Enforcement Mounted Patrol Services for the 2009 season. 2. The Oakland County Sheriff’s Office and Paint Creek Trailways proposed a contract for continued services of two (2) GF/GP PTNE Mounted Deputies (position numbers 09748 and 09749) at 1,150 hours each per year; and for one (1) GF/GP PTNE Mounted Deputy (position number 09750) at 1,200 hours per year. 3. The hours authorized in this agreement includes and continues the additional 500 hours added per M.R. #06129. 4. The rates charged in the agreement are consistent with established rates in the FY 2009 Salary Schedule. 5. The contract is for FY 2009 and is renewed on a yearly basis. 6. The proposed agreement will result in $60,373 in revenue and expenditures for Fiscal Year 2009. 7. A budget amendment for Fiscal Year 2009 is recommended as follows: GENERAL FUND (#10100) FY 2009 Revenue 4030601-110000-632093 Sheriff Special Deputies $60,373 Total General Fund Revenue $60,373 Expenditures 4030616-116181-702010 Salaries $57,995 4030616-116181-722740 Fringe Benefits $ 2,378 Total General Fund Expenditures $60,373 FINANCE COMMITTEE (The vote for this motion appears on page 334.) *MISCELLANEOUS RESOLUTION #09123 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2009 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. June 11, 2009 328 WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2009 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been reviewed by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2009 season, as was established by Miscellaneous Resolution #08250. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE CONTRACT FOR POLICE PROTECTION MICHIGAN RENAISSANCE FESTIVAL This CONTRACT FOR POLICE PROTECTION (hereafter the "CONTRACT") is made and entered into between the MICHIGAN RENAISSANCE FESTIVAL, a Corporation, registered and licensed to conduct business in State of Michigan, whose local address is 12600 Dixie Highway, Holly, Michigan, 48442 (hereafter the "COMPANY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"). The COUNTY is also represented by the OAKLAND COUNTY SHERIFF, MICHAEL J. BOUCHARD, in his official capacity as a Michigan Constitutional Officer, whose address is 1200 North Telegraph Road, Bldg. 38 E., Pontiac, Michigan 48341 (hereafter the "SHERIFF"). In this CONTRACT, when the COUNTY and SHERIFF are referred to jointly and collectively, they will be referred to as the "OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D." INTRODUCTORY STATEMENTS A. The COMPANY has approached the O.C.S.D. about the possibility of supplementing limited, local police resources with O.C.S.D. "DEPUTIES" (as defined in Attachment A) to provide POLICE PROTECTION; B. The COMPANY, has a series of one day events open to the general public and held annually on approximately fourteen (14) acres located at 12500 Dixie Highway, Holly, Michigan 48442. The COMPANY includes numerous performances, performers in period costumes, concerts, demonstrations, shows, ceremonies, and concessions featuring both eateries and drinking booths, and other activities in an effort to recreate the atmosphere of an old European village during the Renaissance era; C. This year the EVENT will be open to the public on August 22, 23, 29, 30, September 5, 6, 7, 12, 13, 19, 20, 26, 27, and October 3, 4, 2009 (hereafter the "EVENT DATE(S)"); D. The COMPANY, in recognition of the expense to the O.C.S.D. in providing increased POLICE PROTECTION at the EVENT, has offered to reimburse the COUNTY for the COUNTY costs incurred in providing DEPUTIES for increased POLICE PROTECTION at the EVENT. E. The O.C.S.D. is agreeable to providing DEPUTIES for supplemental POLICE PROTECTION pursuant to the terms and conditions of this CONTRACT, provided that such POLICE PROTECTION services do not; (a) impair or interfere with the O.C.S.D.'s ability to meet its other law enforcement responsibilities; (b) result in any O.C.S.D. loss of operational efficiency or readiness; and/or (c) result in any increased financial burdens or the assumption of any additional liabilities to County taxpayers. THEREFORE, in consideration of these premises (and those contained in the ADDITIONAL ACKNOWLEDGEMENTS, Attachment B), and the promises, agreements, representations, and acknowledgments contained in this CONTRACT and all of the Attachments hereto, it is mutually agreed as follows: 1. The COMPANY, before initiating any contact with the O.C.S.D., shall consult with the local law enforcement department regarding its ability to provide sufficient law enforcement personnel to meet the anticipated POLICE PROTECTION and law enforcement needs at the EVENT and whether supplemental POLICE PROTECTION services from the O.C.S.D. for the EVENT are desirable and/or necessary. 2. The O.C.S.D., subject to the terms of this CONTRACT, shall assign a total of (6) DEPUTIES in the Number(s) and Rank(s) shown below to provide POLICE PROTECTION services at the EVENT on Commissioners Minutes Continued. June 11, 2009 329 each of this year's EVENT DATE(S). As used throughout this CONTRACT, any reference to the Number(s) of DEPUTIES shall be defined and quantified as POLICE PROTECTION services, by any individual or combination of individual DEPUTIES of the specified Rank(s), for each DEPUTY position identified below and assigned by the SHERIFF to provide POLICE PROTECTION at the EVENT on each of the EVENT date(s). Number(s) Rank(s) Hourly Overtime Rate (1) SERGEANT $71.48 (5) DEPUTY II $62.80 3. The COMPANY agrees to pay to the COUNTY, for each individual DEPUTY who provided any POLICE PROTECTION services at the EVENT pursuant to this CONTRACT, an amount equal to the total number of Hour(s), including any part of any Hour(s), of POLICE PROTECTION services rendered by each individual DEPUTY, multiplied by the Hourly Overtime Rate (shown above) for each DEPUTY's Rank. This COMPANY payment obligation shall apply without regard to whether any DEPUTY's POLICE PROTECTION services were scheduled, as provided herein, or whether such additional Hour(s) of POLICE PROTECTION services were subsequently requested by the COMPANY. The COMPANY agrees to reimburse the COUNTY for any and all Hour(s) of POLICE PROTECTION services rendered by any and all O.C.S.D. DEPUTY to the COMPANY pursuant to this CONTRACT. After the last of the EVENT DATE(S), the O.C.S.D. shall prepare and send to the COMPANY an invoice(s) which sets forth the amount due for each DEPUTY's services rendered through the end of the EVENT. The COMPANY agrees to pay to the COUNTY the full amount due and owing on any invoice(s) within Thirty (30) days of the invoice date. 4. For purposes of computing the above POLICE PROTECTION costs, the total hours worked by any DEPUTY shall include not only all hours worked in providing direct POLICE PROTECTION for the EVENT, but shall also include any time spent in the following activities: (a) Travel time, on a daily basis, to or from the SHERIFF'S DEPARTMENT, in Pontiac, Michigan, at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S DEPUTY shift starts or ends in Pontiac (b) any time expended transporting any person arrested by any DEPUTY during the course of providing POLICE PROTECTION at the EVENT to the Oakland County Jail, in Pontiac, Michigan, including any reasonable length of time spent at the Oakland County Jail by any DEPUTY while booking such person(s); (c) any minimum call-in or overtime hours guaranteed to DEPUTIES under any applicable union or employment contract, and/or (d) the performance of any POLICE PROTECTION related duty or obligation which takes any DEPUTY away from the EVENT but which began or arose while any DEPUTY was providing POLICE PROTECTION at the EVENT (i.e. hot pursuit, transporting a person for medical attention, an automobile accident occurring on the public road immediately outside EVENT grounds, etc.). 5. The O.C.S.D. agrees that upon request any O.C.S.D. payroll policies, payroll or attendance records, procedures, employment contracts, etc., applicable to the determination of the total costs to be reimbursed and paid to the COUNTY by the COMPANY pursuant to this CONTRACT, shall be made available by appointment by the O.C.S.D. for inspection by the COMPANY. 6. In addition to the scheduled DEPUTIES to be provided at the EVENT, and subject to the SHERIFF's sole discretion and judgment as to the County-wide prioritization of his law enforcement resources and law enforcement needs, the COMPANY may request additional POLICE PROTECTION services for the EVENT during the term of this CONTRACT. The SHERIFF, subject to the terms of this CONTRACT, may provide any or all such additional requested DEPUTIES at the above applicable Hourly Overtime Rate for the Rank(s) of each such additional DEPUTY provided. 7. The COMPANY acknowledges and agrees that there may be circumstances beyond the SHERIFF's control when, the SHERIFF, in his sole discretion and judgment as to the prioritization of his law enforcement resources, his overall evaluation of Oakland County's immediate law enforcement needs, and his determination as to the allocation of O.C.S.D. law enforcement personnel at that time to best serve the citizens of Oakland County, the SHERIFF and/or the O.C.S.D. may be unable to assign any or all of the DEPUTIES contemplated to provide POLICE PROTECTION on any particular EVENT Date(S) during the term of this CONTRACT. The COMPANY acknowledges and agrees that this CONTRACT, does not, and is not intended to, create either any absolute right in favor of the COMPANY, or any corresponding absolute duty or obligation upon the SHERIFF or the O.C.S.D., to guarantee that any specific Number(s) or Rank(s) of DEPUTIES will be present to provide POLICE PROTECTION services. The COMPANY acknowledges and agrees that the O.C.S.D.'s good faith Commissioners Minutes Continued. June 11, 2009 330 and reasonable efforts to cooperate with the COMPANY in providing POLICE PROTECTION and to develop the necessary schedules, budgets and plans to enable it to provide the Number(s) and Rank(s) of DEPUTIES contemplated at the anticipated EVENT DATE(S) and the promised professionalism of the O.C.S.D. in these regards, as demonstrated throughout previous similar agreements, are appropriate and adequate consideration to justify the COMPANY'S decision to enter into this CONTRACT. The COMPANY hereby agrees to waive any and all CLAIM(S) against the SHERIFF or the O.C.S.D. which arise in connection with, or as a result of, any alleged O.C.S.D. failure to provide adequate POLICE PROTECTION services at the EVENT. 8. The SHERIFF agrees that, in the EVENT the SHERIFF is unable to provide any or all DEPUTIES necessary to supplement the existing available local POLICE PROTECTION on any particular EVENT Date(S), he shall verbally communicate that fact to the COMPANY as soon as such fact becomes reasonably known to him. 9. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the provision of any and all police and/or governmental law enforcement services, and this CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY, and/or any DEPUTY. 10. The COMPANY and the O.C.S.D. agree that neither the O.C.S.D. nor any DEPUTY, by virtue of this CONTRACT, or otherwise, shall be considered or asserted to be an employee, contractor, sub- contractor, partner, joint venturer, representative, or agent of the COMPANY, and further agree that, at all times and for all purposes under the terms of this CONTRACT, the O.C.S.D.'s and all DEPUTIES' relationship to the COMPANY (Independent Status), shall be controlled and governed by the terms of this CONTRACT and Attachment C, O.C.S.D. 11. The COMPANY agrees that this CONTRACT does not, and is not intended to, create, by implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or special right to any POLICE PROTECTION services or governmental law enforcement protection in favor of the COMPANY, any COMPANY AGENT(S), and/or any patron or other person attending the EVENT. Further the COMPANY agrees that at all times, and for any and all purposes under this CONTRACT, the O.C.S.D. and/or any DEPUTY present at the EVENT shall be present strictly and solely to perform such POLICE PROTECTION services and governmental law enforcement function authorized by law to and for the benefit of the general public and, under no circumstances shall any DEPUTY undertake any activity or duty on behalf of the COMPANY or provide any particular or specific service or benefit to or for the COMPANY, any COMPANY AGENT(S), or any patron or other person attending the EVENT. 12. The COMPANY agrees that this CONTRACT does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or any COUNTY AGENT(S) any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership, maintenance, or operation of the EVENT. The COMPANY agrees that it shall, at all times and under all circumstances, remain solely and exclusively responsible for any and all costs, obligations, and/or civil liabilities associated with owning and operating the EVENT, including, but not limited to, the provision of any Emergency Medical Treatment, rendering any first aid or medical treatment facilities, providing or implementing any fire or emergency evacuation plans or procedures, providing for basic crowd control, security services or obligations, safety functions, and/or any other activity associated with the EVENT which is not within the definition of POLICE PROTECTION or otherwise a governmental law enforcement function under the terms of this CONTRACT and which is not under the control and direction of the O.C.S.D. The COMPANY further agrees that it shall not reduce, eliminate, or otherwise fail to provide, in any way, the same number(s) and type(s) of security, emergency, or other personnel and/or the scope of security and emergency service(s) or protection(s) that the COMPANY normally provides to any COMPANY AGENT(S) or any person attending the EVENT, due to the presence of the O.C.S.D. and/or any DEPUTY at the EVENT. 13. The COMPANY agrees that no COMPANY AGENT(S) (as defined in Attachment A), either as a result of or arising out of any act(s) by any person in the performance of any duty under this CONTRACT, shall be considered or asserted to be an employee of the O.C.S.D. The COMPANY agrees that it shall be solely and completely liable for any and all COMPANY AGENT(S)' 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 Commissioners Minutes Continued. June 11, 2009 331 allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation, 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 COMPANY AGENT(S)' employment status or any alleged violation of any COMPANY AGENT(S)' statutory, contractual, or constitutional rights by the COMPANY, the COUNTY or any COUNTY AGENT(S). The COMPANY agrees to indemnify and hold harmless the COUNTY and/or any COUNTY AGENT(S) from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY AGENT(S) by any COMPANY AGENT(S) which are based upon, result from, or arise from, or are in any way related to any COMPANY AGENT(S)' wages, compensation, benefits, or other employment-related rights, including, but not limited to, those described in this Paragraph. 14. The COMPANY agrees that it shall be solely and exclusively responsible, during the term of this CONTRACT, for guaranteeing that all COMPANY AGENT(S): (a) follow all lawful orders of any DEPUTY performing any duties under this CONTRACT; (b) fully cooperate with all DEPUTIES in providing any POLICE PROTECTION services pursuant to this CONTRACT; and (c) conform their activities to comply with the terms of this CONTRACT, including, but not limited to, the understanding in Attachment C. 15. The COMPANY freely and voluntarily consents to and agrees that the O.C.S.D. and all DEPUTIES, while providing POLICE PROTECTION services under the terms of this CONTRACT, shall have free and open access to any and all premises, areas and locations at the EVENT. 16. The COMPANY agrees, at its sole cost and expense, to purchase and maintain the following coverage(s) in the minimum coverage amounts indicated, for the entire duration of this CONTRACT and to provide the COUNTY with the required Certificates of Insurance shown in Attachment D. The COMPANY acknowledges that all insurance obligations, bonds, and/or certificates or proof of same required shall be subject to the approval of the COUNTY'S Risk Management Division. 17. Except as otherwise provided in this Paragraph, the COMPANY agrees to defend, indemnify and hold the COUNTY and/or any COUNTY AGENT(S) harmless from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY by any person and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the COMPANY and/or any COMPANY AGENT(S), including, but not limited to: (a) any alleged breach of legal duty to any person by the COMPANY and/or any COMPANY AGENT(S); (b) any alleged failure by the COMPANY or any COMPANY AGENT(S) to comply with any COMPANY duty or obligation in this CONTRACT; (c) any other CLAIM(S) based, in any way, upon any COMPANY or COMPANY AGENT(S)' services, buildings, equipment, or any other EVENT, occurrence, duty, or obligation related or attendant thereto. The COMPANY, however, shall not be obligated to pay any portion of any courts ordered judgment or award for which a court has determined that the COUNTY and/or any COUNTY AGENT(S) was either solely negligent or solely at fault for any specific dollar amount of damages or loss to any person other than the COMPANY or any COMPANY AGENT(S). 18. The indemnification right(s) afforded to the COUNTY and/or any COUNTY AGENT(S) under this CONTRACT shall be excess and over and above any other valid and collectible insurance right available to the COUNTY and/or any COUNTY AGENT(S) from the COMPANY under the terms of this CONTRACT and applicable to any part of any ultimate net COUNTY and/or any COUNTY AGENT(S)' loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that the COMPANY's promise to indemnify, pay and hold harmless the COUNTY and/or any COUNTY AGENT(S) as set forth in this CONTRACT may become unenforceable or uncollectible, the COMPANY shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY AGENT(S). 19. The COMPANY agrees that all COMPANY indemnification and hold harmless promises, waivers of liability, representations, insurance coverage obligations, liabilities, payment obligations, and/or any other related obligations provided for in this 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 expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. Commissioners Minutes Continued. June 11, 2009 332 20. This CONTRACT does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this CONTRACT. 21. The COMPANY agrees that it may not assign, delegate, contract, subcontract or otherwise, transfer, promise, commit, or loan any O.C.S.D.'S or any DEPUTY'S POLICE PROTECTION services or duties under this CONTRACT to any other person and/or public or private corporation, entity, or organization of any kind. 22. The COMPANY represents and warrants that it has reviewed all of its current or proposed lease and licensing agreements with its patrons, concessionaires, promoters, vendors, and other persons who are or may become contractually involved with the COMPANY for the EVENT, and hereby represents and warrants that the COMPANY does not have, and will not in the future have, any other contractual agreement that will in any manner restrict, interfere with, or prohibit the COMPANY, any COMPANY AGENT(S), or any other person from complying with the COMPANY's obligations and duties as set forth in this CONTRACT. 23. The COMPANY agrees that it shall promptly deliver to the O.C.S.D. written notice and copies of any CLAIM(S), complaint(s), charge(s), or any other accusation(s) or allegation(s) of negligence or other wrongdoing, whether civil or criminal in nature, that the COMPANY becomes aware of which involves in any way the O.C.S.D. or any DEPUTY. The COMPANY agrees to cooperate with the O.C.S.D. in any investigation conducted by the O.C.S.D. into any act(s) or work performance of any DEPUTY. 24. Subject to the following Paragraph, this CONTRACT shall become effective on August 21, 2009 and shall remain in effect continuously until it expires without any further act or notice being required of any party at 11:59 p.m. on October 4, 2009. Either the COUNTY, the SHERIFF, or the COMPANY may cancel this CONTRACT for any reason without incurring any penalty or liability to any party as a result, before its scheduled expiration by delivering a written notice of cancellation of this CONTRACT to the other two parties at least Fifteen (15) days before the effective date of cancellation (which cancellation date shall be clearly stated in this written notice), and at 11:59 P.M. on the stated effective date of cancellation this CONTRACT shall be canceled. 25. This CONTRACT, and any subsequent amendments, shall not become effective prior to the approval by resolution of the COUNTY Board of Commissioners. The approval and terms of this CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and shall also be filed with the office of the Clerk for the COUNTY. 26. The parties shall send, by first class mail, all correspondence and written notices required or permitted by this CONTRACT to each of the signatories of this CONTRACT, or any signatory successor in office, to the addresses shown in this CONTRACT. Except as otherwise provided for herein, 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. 27. This CONTRACT is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this 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. 28. Absent an express written waiver, the failure of any party to pursue any right granted under this CONTRACT shall not be deemed a waiver of that right regarding any existing or subsequent breach or default under this CONTRACT. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 29. The COUNTY, the SHERIFF, and the COMPANY acknowledge that this CONTRACT shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors and assigns, and all persons acting by, through, under, or in concert with any of them. 30. This CONTRACT, consisting of a total of Eleven (11) pages (including Attachments A, B, C, and D, which are all hereby incorporated into and made part of this CONTRACT), sets forth the entire Commissioners Minutes Continued. June 11, 2009 333 agreement for increased POLICE PROTECTION for the EVENT between the O.C.S.D. and the COMPANY 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 O.C.S.D. and the COMPANY 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 by concurrent resolutions of the Oakland County Board of Commissioners and the COMPANY Board of Directors. 31. For and in consideration of the mutual promises, acknowledgments, 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, the SHERIFF, and the COMPANY hereby agree and promise to be bound by the terms and provisions of this CONTRACT. IN WITNESS WHEREOF, JAMES H. PETERSON, President and CEO of MICHIGAN RENAISSANCE FESTIVAL hereby acknowledges that he has authority to execute this CONTRACT on behalf of MICHIAGAN RENAISSANCE FESTIVAL, and hereby accepts and binds MICHIGAN RENAISSANCE FESTIVAL to the terms and conditions of this CONTRACT on this _____ day of _______________, 2009. WITNESS: MICHIGAN RENAISSANCE FESTIVAL a Corporation registered in Michigan ___________________________________ By: JAMES H. PETERSON President and CEO IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson of the Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this CONTRACT on this _____ day of _______________, 2009. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation _____________________________________ By: BILL BULLARD, JR., Chairperson, Board of Commissioners IN WITNESS WHEREOF, MICHAEL J. BOUCHARD his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County Sheriff to the terms and conditions of this CONTRACT on this _____ day of ________________, 2009. WITNESS: _____________________________________ By: ________________________________ MICHAEL J. BOUCHARD Oakland County Sheriff A copy of Contract Definitions, Additional Acknowledgments, O.C.S.D. Independent Status and Company Provided Insurance on file in County Clerk’s office. FISCAL NOTE (MISC. #09123) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2009 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Renaissance Festival has requested the Oakland County Sheriff’s Office to supply Patrol Officers for the Law Enforcement Services for the upcoming 2009 season. 2. The Oakland County Sheriff’s Office contracted with the Michigan Renaissance Festival for the 2008 season per Miscellaneous Resolution #08148. Commissioners Minutes Continued. June 11, 2009 334 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #08250 that established standard overtime rates for calendar year 2009. 4. The contract will take effect on August 22, 2009 and expire October 4, 2009 or fifteen (15) event days. 5. The proposed agreement will result in approximately $62,423 in revenue and expenditures for Fiscal Year 2009, which is an increase of $2,401 over Fiscal Year 2008. 6. Revenue is currently budgeted in the Fiscal Year 2009 Amended Budget and therefore, no budget amendment is recommended. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Tom Middleton stated there were no items to report from the Finance Committee on the Regular Agenda. REPORT (MISC. #09053) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES BETWEEN GOVERNMENTAL ENTITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, recommends that the resolution be amended consistent with the first four amended paragraphs reported out by the General Government Committee and with those amendments reported out by the Human Resources Committee. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE REPORT (MISC. #09053) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES BETWEEN GOVERNMENTAL ENTITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on April 6, 2009 recommends that the resolution be amended as follows: WHEREAS it will may be necessary for Oakland County, its municipalities and other governmental entities to find different ways to provide public services, given their common financial challenges; and WHEREAS sharing of services will may eliminate unnecessary administrative duplication, preserve jobs and provide more efficient public services. NOW THEREFORE BE IT RESOLVED that Oakland County adopts a policy of encouraging encourages its municipalities and other governmental entities to consolidate public services on a voluntary basis by sharing personnel, facilities and equipment with the County or other governmental entities. BE IT FURTHER RESOLVED that Oakland County adopts a policy of supports sharing services on a County cost-neutral basis with any other public entity that chooses to enter into such a consolidation. BE IT FURTHER RESOLVED that Oakland County adopts a policy of will consider hiring the current, qualified employees from other governmental entities, who are affected by consolidation of services, at least at their current compensation levels, to the extent practicable. Commissioners Minutes Continued. June 11, 2009 335 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (MISC. #09053) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES BETWEEN GOVERNMENTAL ENTITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the MR #09053 on June 3, 2009 reports with the recommendation the resolution be amended per the attached General Government Committee Report and in addition to add a third WHEREAS paragraph as follows: “WHEREAS Oakland County has historically provided to or contracted services with its municipalities; and” Further to strike the last BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that Oakland County adopts a policy of (will consider) hiring the current, qualified employees from other governmental entities, who are affected by consolidation of services, at least at their current compensation levels, to the extent practicable. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09053 BY: Commissioner Steven H. Schwartz, District #14 IN RE: BOARD OF COMMISSIONERS – ENCOURAGE CONSOLIDATION AND SHARED SERVICES BETWEEN GOVERNMENTAL ENTITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are 61 independent municipalities in Oakland County, in addition to dozens of school districts and numerous other governmental entities; and WHEREAS many of these governmental entities, as well as Oakland County, are facing and will face substantial financial challenges due to reductions in property tax and other revenues, as well as rapidly escalating costs; and WHEREAS Oakland County performs many functions similar to those performed by the municipalities and other governmental entities within Oakland County; and WHEREAS it will be necessary for Oakland County, its municipalities and other governmental entities to find different ways to provide public services, given their common financial challenges; and WHEREAS sharing of services will eliminate unnecessary administrative duplication, preserve jobs and provide more efficient public services. NOW THEREFORE BE IT RESOLVED that Oakland County adopts a policy of encouraging its municipalities and other governmental entities to consolidate public services by sharing personnel, facilities and equipment with the County or other governmental entities. BE IT FURTHER RESOLVED that Oakland County adopts a policy of sharing services on a cost-neutral basis with any other public entity that chooses to enter into such a consolidation. BE IT FURTHER RESOLVED that Oakland County adopts a policy of hiring the current, qualified employees from other governmental entities, who are affected by consolidation of services, at least at their current compensation levels, to the extent practicable. Chairperson I move the foregoing resolution. STEVEN SCHWARTZ, HELAINE ZACK, TIM GREIMEL, GARY McGILLIVRAY, JIM NASH, JANET JACKSON, MARCIA GERSHENSON, ROBERT GOSSELIN, DAVID WOODWARD, KIM CAPELLO, MICHAEL GINGELL, BILL BULLARD, BRADFORD JACOBSEN, TOM MIDDLETON Commissioners Minutes Continued. June 11, 2009 336 Moved by Long supported by Schwartz the resolution be adopted. Moved by Long supported by Schwartz the Finance Committee Report, the General Government Committee Report and the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Long supported by Schwartz the resolution be amended to coincide with the recommendations in the Finance Committee Report, the General Government Committee Report and the Human Resources Committee Report. Discussion followed. A sufficient majority having voted in favor, the amendments carried. Discussion followed. Vote on resolution, as amended: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #09125 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – INTERLOCAL AGREEMENT FOR USE OF E-HEALTH FOODS SOFTWARE BETWEEN OAKLAND COUNTY AND THE STATE OF MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Department of Health and Human Services/Health Division (OCHD) and the Oakland County Department of Information Technology (OCIT) have developed the E-Health Foods Software for the purpose of enhancing the management of OCHD’s food service establishment licensing and inspection responsibilities; and WHEREAS the E-Health Foods Software has been recognized nationally as state of the art system for its intended purpose; and WHEREAS State-wide utilization of the E-Health System will provide shared data availability that will allow increased consistency and coordination between State and Local agencies for records, reports, and inspection and enforcement activities; and WHEREAS Oakland County and the State of Michigan have had discussions regarding allowing the E- Health Foods Software to be modified for use by any Local Public Health Department in the State to allow better sharing of Food Data with the County and with all of the Local Health Departments; and WHEREAS the parties have reached an agreement regarding sharing and modification of the E-Health Foods Software; and WHEREAS the County shall not be charged to utilize a State Developed Health System; and WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., the County and the State desire to enter into an Agreement for the purpose of licensing the E-Health Foods Software system developed and owned by the County to the State; and WHEREAS the legal representation from both the State and Oakland County Corporation Counsel have developed and approved the attached Intergovernmental Agreement which facilitates this transaction. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement for Use of E-Health Food Software between the County of Oakland and the State of Michigan for a period of five years from the date of execution. Commissioners Minutes Continued. June 11, 2009 337 BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement, following execution from the State of Michigan. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE AGREEMENT FOR USE OF E-HEALTH FOODS SOFTWARE BETWEEN OAKLAND COUNTY AND THE STATE OF MICHIGAN This Agreement (the "Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the State of Michigan through its Department of Agriculture, and it’s Department of Information Technology ("State"). The County and the State may also be referred to jointly as "Parties". PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the State enter into this Agreement for the purpose of licensing the E- Health Foods Software system developed and owned by the County to the State. The State intends to develop an application that will allow better sharing of Food Data with the County and with all of the Local Health Departments. The Parties intent that the State Developed Health System will allow the State and Local Health Departments to share Food Data with each other as well as other food safety data collected by the State. The Parties also intend that the State Developed Health System will provide a means to track statewide health trends. It is the intent of the Parties that the County shall not be charged to utilize a State Developed Health 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 nonpossessive, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Business Support means assistance provided by the County Health Division, primarily, answering questions, via telephone and e-mail, during County business hours, concerning the use of the E-Health Foods Software. Questions from the State shall be responded to by the County within three (3) business days. It also includes attendance at meetings by County Employees regarding the use of E-Health Software. It does not include participation by the County in meetings or discussion concerning a State Developed Health System. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 1.4. County Program Enhancements means County developed: 1) new versions of or additions to the E-Health Foods Software which add to or alter the function(s) of the E-Health Foods Software and new modules or products adapted to interface with the E-Health Foods Software; 2) minor corrections to remedy deviations found in the E-Health Foods Software and 3) new versions, improvements or additions to the E-Health Foods Software that improve the operating performance but do not add to or alter the basic function(s). 1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59:59 p.m. 1.6. E-Health Foods Software means the actual copy of all or any portion of County’s online and offline foods modules which include complaints and licensing for food establishments and food processors, computer software code, components, object models, programs, and related documents, delivered on any media, including any release provided in source, object, or executable code format(s), including backups, updates, service packs, patches, hot fixes, program fixes, program updates, or merged copies permitted hereunder or subsequently supplied under this Agreement. 1.7. Food Data means all licensing and inspection related information collected for food establishments and food processors. Commissioners Minutes Continued. June 11, 2009 338 1.8. Local Health Department(s) means a local health department as defined in the Public Health Code, Act 368 of 1978. 1.9. State means the State of Michigan. 1.10. State Developed Program Modifications means State developed: 1) new versions of or additions to the E-Health Foods Software which add to or alter the function(s) of the E-Health Foods Software and new modules or products adapted to interface with the E-Health Foods Software; 2) minor corrections to remedy deviations found in the E-Health Foods Software and 3) new versions, improvements or additions to the E-Health Foods Software that improve the operating performance but do not add to or alter the basic function(s). 1.11. State Developed Health System means an automated system developed by the State for storing, tracking, analyzing and sharing Food Data. 1.12. Technical Support means assistance provided by the County Department of Information Technology, during the County’s business hours, in the form of telephone and e-mail support related to the functionality of the E-Health Foods Software. Questions from the State shall be responded to by the County within three (3) business days. 2. COUNTY RESPONSIBILITIES. 2.1. The County shall provide the State with its current version of the E-Health Foods Software. The version being licensed is identified in Exhibit I, which is attached and incorporated into this Agreement. 2.2. After this Agreement is executed, the County shall provide the State with up to twenty (20) hours of Technical Support relating to installation and implementation of the E-Health Foods Software by the State. No additional Technical Support shall be required beyond what is specified. 2.3. No more than twice a year the County shall provide the State with a list of County Program Enhancements, if any, developed by County since the prior County Program Enhancement list was given to the State. 2.4. If the State chooses to receive any of the County Program Enhancements the County shall provide these at no cost. However, the County shall not be obligated to provide more than ten (10) hours of Technical Support each time a new list of County Program Enhancements is provided to the State and the State elects to receive items from that list. 2.5. If the State requests additional Technical Support from the County beyond what is provided for and the County agrees to provide such additional Technical Support, the State shall pay the County the then current hourly rate, including the cost of benefits, paid by the County to the person(s) capable of providing such Technical Support. 2.6. After the execution of this Agreement, the County Health Division shall provide the State with up to twenty (20) hours of Business Support, at no cost. It will be at the County’s discretion if any additional Business Support can be provided. 3. STATE RESPONSIBILITIES. 3.1. The State intends to launch and support a State Developed Health System to track and share Food Data between the State and Local Health Departments similar to the E-Health Foods Software licensed to it by County. 3.2. The State shall provide the County with access to summary data (i.e. violations, foodborne illnesses, etc.) the State collects and throughout Michigan, at no cost, subject to applicable laws. 3.3. The State shall provide the County with the ability to share County Food Data with the State Developed Health System and have access to the State Developed Health System, at no cost, subject to applicable law. 3.4. No more than twice a year, the State shall provide the County with a list of State Developed Program Modifications, if any, developed by State since the prior State Program Enhancement list was given to the County. 3.5. If the County chooses to receive any of the State Developed Program Modification, the State shall provide and irrevocably license these to the County at no cost. However, the State shall not be obligated to provide more than ten (10) hours of support, from its Information Technology Department, each time a new list of State Developed Program Modifications is provided to the County and the County elects to receive items from that list. Commissioners Minutes Continued. June 11, 2009 339 3.6. The State shall provide the County with meaningful opportunities to provide input and direction on the development of a State Health Developed System. To the maximum extent practical, the State shall permit the County to participate in such discussions by either telephone or other remote means of communication. 4. LICENSE. 4.1. The County grants to the State an irrevocable, royalty-free, Statewide, non-exclusive license to use its E-Health Foods Software to create a State Developed Health System that shall be used, performed, displayed, and made available to Local Health Departments. This license includes County Program Enhancements provided to the State. 4.2. The State may modify, add to, or customize the E-Health Foods Software and create State Developed Program Modifications. The State may claim copyright ownership in all such State Developed Program Modifications. The State grants to the County an irrevocable, royalty-free, non-exclusive license to use and make changes to any of the State Program Modifications without any cost to County. 4.3. The County owns the E-Health Foods Software which is protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property. All rights not specifically granted in this Agreement are reserved to County. 4.4. The County reserves the right to improve and/or make changes in its offerings of its E-Health Foods Software, at any time. 4.5. The State shall retain all County copyright notices on the E-Health Foods Software and any County Enhancements it receives. 4.6. The State may modify the E-Health Foods Software and may combine such with other programs or materials to form a derivative work. The State will own and hold all copyright, trademark, patent and other intellectual property rights in any derivative work, excluding any rights or interest in the E-Health Foods Software other than those granted in this Agreement. Where the State creates derivative works of the E-Health Foods Software the State shall provide the following copyright attribution notice acknowledging the propriety rights of County “Portions of this include intellectual property of Oakland County Michigan and are used under license. Copyright © 2009 Oakland County. All rights reserved.” For purposes of this section, “derivative works” means a work based upon the E-Health Foods Software. 4.7. The State may provide access to the E-Health Foods Software to any consultant or contractor of the State, provided that the consultant or contractor is using the E-Health Foods Software exclusively for the benefit of State and so long as the consultant agrees to be bound by the terms and conditions of this Agreement. 4.8. The State may install and store copies of the E-Health Foods Software onto electronic storage devices to use in accordance with the terms of this Agreement. 4.9. The State may make three (3) copies of the E-Health Foods Software for archival purposes or to replace a worn or defective copy during the term of this Agreement. Additionally, the State may make routine computer backups of the E-Health Foods Software and activate a redundant E-Health Foods Software installation for failover operations during the period the primary site is not operational and for use during disaster recovery testing. The redundant E-Health Foods Software installation shall remain dormant except for system updates and support, disaster recovery testing, and updating of databases while the primary site is operational. 4.10. Uses Not Permitted. 4.10.1. Except as otherwise provided in this Agreement, the State shall not sell, rent, lease, sublicense, lend, assign, time-share, or act as a service bureau or act as an application service provider to allow third party access to the E-Health Foods Software or transfer, in whole or in part, access to prior or present versions of the E- Health Foods Software or any County Program Enhancements provided under this Agreement. 4.10.2. The State may not use the E-Health Foods Software, or any derivative works based on the E-Health Foods Software, for third party commercial purpose or gain unless the County agrees to such use by signing an amendment to this Agreement. Third party as used in this section means any other entity other than the State or County. 4.10.3. The State shall not use the E-Health Foods Software to transfer or exchange any material where such transfer or exchange is prohibited by copyright or any other law. Commissioners Minutes Continued. June 11, 2009 340 4.11. The State understands that the functionality of County’s E-Health Foods Software is dependant upon the use of third party software, specifically: Oracle database, Editlet, Topaz and County’s credit card module for accepting online payments. The State will obtain its own licenses or develop its own applications to make E-Health Foods Software fully functional. 5. DURATION OF INTERLOCAL AGREEMENT. 5.1. The Agreement and any amendments hereto will be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party. The approval and terms of this Agreement and any amendments will be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 5.2. Unless extended by mutual, written agreement by both Parties, this Agreement shall remain in effect for five (5) years from the date the Agreement is completely executed by all Parties or until cancelled or terminated by any of the Parties. 5.3. Except as otherwise provided and permitted in this Agreement, if the State elects to discontinue use of the License, the State shall advise County in writing and shall de-install or destroy its copies of the E-Health Foods Software kept in any form and execute and deliver evidence of such de-installation or destruction to County. 6. TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. Either Party may terminate or cancel this Agreement upon thirty (30) days written notice, if: (i) the other Party defaults in any obligation contained in this Agreement and within the thirty (30) day notice period the Party failed to cure such default or failed to take a course of action to cure such default or (ii) for any reason, including convenience. Any notification concerning default must be in writing and clearly state the specific default(s). The effective date of termination and/or cancellation shall be clearly stated in the written notice. Either the Director of the County’s Health Division or the Board of Commissioners is authorized to terminate this Agreement for the County. 7. WARRANTIES. 7.1. The County does not warrant that the E-Health Foods Software will meet the State’s needs, or that the State’s operation of the same will be uninterrupted or error free, or that all nonconformities can or will be corrected. The E-Health Foods Software is provided “as is”. 7.2. THE COUNTY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING THE WARRANTY OF FITNESS, WARRANTY OF MERCHANTABILITY AND WARRANTY OF NON-INFRINGEMENT. 8. LIMITATION ON LIABLILITY. 8.1. In no event shall the either Party be liable to the other Party for any indirect, special, consequential or incidental damages or lost profits arising out of or related to the Agreement, even if the State has been advised of the possibility of such damages. 8.2. The County’s sole liability to the State shall be limited to the amount the State is required to pay the County under this Contract or one dollar, whichever amount is less. 8.3. The State shall have no recourse against the County under this Agreement for any damages, costs or losses whatsoever. 9. ASSURANCES. 9.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 9.2. This Agreement does not create any direct or indirect obligation or right to be indemnified (i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to any rights in this Agreement. 9.3. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties. 9.4. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 9.5. The County will not be charged a fee to access or share data with the State Developed Health System or any system developed by the State that is based on the E-Health Foods Software unless otherwise required by law. If the Michigan Department of Agriculture requests the Commissioners Minutes Continued. June 11, 2009 341 Michigan Legislature to access a fee for use of the State Developed Health System, it shall request that the County be exempt from paying the fee. 9.6. The County shall not be required to change its E-Health Foods Software to conform to any software or database or State Developed Health System. 9.7. The County shall be permitted to maintain its own separate E-Health Foods System, even if the State creates a State Developed Health System or other system to track Food Data that is utilized by Local Health Departments. 9.8. The County agrees to share Food Data with any State Developed Health System utilized by the State. 9.9. Except as provided or permitted in any applicable federal or state statute, code, regulation or rule, order of a court of competent jurisdiction or in this Agreement, the State agrees to use reasonable effort to protect the E-Health Foods Software, County Program Enhancements and County proprietary information or trade secrets relating to this Agreement from unauthorized access, use, reproduction, distribution or publication. 10. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 11. NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be construed as creating an employer-employee relationship between County and the State. 12. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 13. FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party, and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. 14. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occurs: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 14.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 14.2. If Notice is sent to the State, it shall be addressed to: State of Michigan Department of Agriculture, Director, Food and Dairy Division, Michigan Department of Agriculture, P.O. Box 30177, Lansing, MI 48909; and Director of Shared Solutions, Department of Information Technology, Romney Bldg, 10th Floor, 111 S. Capital Ave., Lansing, MI 48913. 14.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 15. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 16. NO THIRD PARTY BENEFICIARIES. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 17. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, 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 Minutes Continued. June 11, 2009 342 Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: ___________________________________ DATE: ______________ The undersigned acknowledges that he/she has read, understood and agrees to the terms and conditions contained in this Agreement. The undersigned represents to have all necessary consents, approvals and full legal right and authority to execute this Agreement. STATE OF MICHIGAN By:_______________________________________ Kathy Fedder, Director of Food and Dairy Division Michigan Department of Agriculture State of Michigan, County of ______________. The foregoing instrument was acknowledged before me on this ____ day of _______, 2009, by Kathy Fedder for the Michigan Department of Agriculture on behalf of the State of Michigan. ___________________________________, Notary Public in the County of __________, Acting in the County of _________, State of Michigan. My commission expires: _______________. STATE OF MICHIGAN By:______________________________ Eric Swanson, Director of Shared Solutions Michigan Department of Information Technology State of Michigan, County of ____________. The foregoing instrument was acknowledged before me on this ___ day of ________, 2009, by Eric Swanson for the Michigan Department of Information Technology on behalf of the State of Michigan. ___________________________________, Notary Public in the County of __________ , Acting in the County of _________, State of Michigan. My commission expires: _______________. This Agreement was approved by the Michigan State Administrative Board on: _______________ STATE ADMNISTRATIVE BOARD: ____________________________________ Governor Jennifer M. Granholm, Chairperson State Administrative Board State of Michigan, County of ______________. The foregoing instrument was acknowledged before me on this ________ day of ___, 2009, Governor Jennifer M. Granholm, Chairperson, of the State Administrative Board on behalf of the State of Michigan. ___________________________________, Notary Public in the County of ___________, Acting in the County of _________, State of Michigan. My commission expires: _______________. ___________________________________ Sherry Bond, Secretary State Administrative Board State of Michigan, County of ______________. The foregoing instrument was acknowledged before me on this ____ day of _______, 2009, by Sherry Bond, Secretary, of the State Administrative Board on behalf of the State of Michigan. ___________________________________, Notary Public in the County of __________ , Acting in the County of _________, State of Michigan. My commission expires: _______________. Moved by Long supported by Zack the resolution be adopted. Commissioners Minutes Continued. June 11, 2009 343 AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioner Sue Ann Douglas stated there were no items to report from the Human Resources Committee on the Regular Agenda. Commissioner John Scott stated there were no items to report from the Planning and Building Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #09126 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT, PROSECUTING ATTORNEY AND 52-3 DISTRICT COURT – 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office, Community Corrections, Circuit Court, Prosecuting Attorney and 52-3 District Court, along with 20 local jurisdictions, have been allocated $1,991,207 and wish to apply to the U.S. Department of Justice, Office of Justice Programs for funding under the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance (JAG) Program for the period of March 1, 2009 through February 28, 2013; and WHEREAS a joint application between Oakland County and the City of Birmingham, City of Ferndale, City of Hazel Park, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Pontiac, City of Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City of Wixom, City of Novi, City of Southfield, City of Auburn Hills, City of Farmington Hills, Bloomfield Township, Waterford Charter Township, West Bloomfield Charter Township and White Lake Charter Township is required; and WHEREAS Oakland County’s share of the $1,991,207 is $285,521; $232,769 for County departments and $52,752 Administrative Fee. The remaining $1,705,686 is distributed among the 20 local jurisdictions based on Federal allocation less a 3% County Administrative Fee. There is no grant match requirement. WHEREAS the grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government; and WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel; and WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities; and WHEREAS Oakland County has been elected to serve as fiduciary and lead agency for the entire award. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreement with the local units of government listed above and in Appendix A of the agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Multi Departmental: Sheriff’s Office, Community Corrections, Circuit Court, Prosecuting Attorney and 52-3 District Court on file in County Clerk’s office. INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG PARTICIPANTS IN THE 2009 FEDERAL BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM Commissioners Minutes Continued. June 11, 2009 344 This Intergovernmental Agreement (Agreement) is made between and among the governmental entities, Constitutional and Municipal Corporations in the State of Michigan whose names are listed in Appendix A. In this Agreement, any reference to a “Party” is a reference to each and every governmental entity that is identified in Appendix A and any reference to “Parties” is a reference to all the governmental entities listed in Appendix A. In consideration of the mutual promises, obligations, representations and assurances in this Agreement, the Parties agree as follows: 1. Purpose of Agreement The Parties to this Agreement are Governmental Entities, including the County of Oakland and various cities, villages and townships within the County of Oakland, that have been, are, or may be certified as disparate by the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program. By entering into this Agreement, the Parties acknowledge their intention to submit a joint application for the aggregate JAG Program funds that may be available to them in FY 2009, or, at the Parties’ discretion, to submit a joint application in any year through 2013 in which the JAG Program requires a joint Grant application. In any Grant application required by the JAG Program, the Parties shall specify the amount of funds that are to be distributed to each of them and the purposes for which the funds will be used and their individual and collective intention to comply with any and all Grant requirements established by the Bureau of Justice Assistance. 2. Definitions 2.1. Agreement means the terms and conditions of this Agreement, any Appendices to this Agreement, and any other mutually agreed upon written modification, amendment, or addendum signed by the Parties to this Agreement. 2.2. Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program means the Grant program of the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, by which Federal funds are made available to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives, as further and more fully defined in the Grant application and other federal Grant information. 2.3. The Grant or Grant means the funds awarded to the Governmental Entities pursuant to BJA Grant Application number 2009-G1382-MI-SB submitted to the Edward Byrne Justice Assistance Grant (JAG) Program by the County of Oakland on behalf of itself and the Governmental Entities identified in Appendix A. 2.4. Disparate Certification: A disparate allocation occurs when a city or municipality is scheduled to receive one and one- half times (150 percent) more than a county with concurrent jurisdiction, while that county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality’s Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. JAG disparate jurisdictions are certified by the Director of the Bureau of Justice Assistance (BJA), based in part on input from the state’s Attorney General. As used in this Agreement, “certified as disparate” means that the Parties to this Agreement fit the criteria described in this section. 2.5. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiscal Agent or Governmental Entity, as defined herein, whether such claim is brought in law, equity, tort, contract, or otherwise. 2.6. Fiscal Agent means the County of Oakland, a constitutional Corporation including, but not limited to, it’s Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 2.7. Governmental Entity (or the name of any governmental entity referenced in Appendix A) each shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, boards, councils, directors, board members, council members, authorities, Commissioners Minutes Continued. June 11, 2009 345 committees, employees, agents, subcontractors, volunteers and/or any such persons' successors of the referenced governmental entity or unit (“Agents”). 2.8. Recovery Act means the American Recovery and Reinvestment Act of 2009, Public Law 111-5, which provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ is committed to working with our national, state, local and tribal partnerships to ensure this funding invests in the American workforce. The “Recovery Act” imposes various requirements upon successful applicants for awards under the Office of Justice Programs (OJP) with which the Parties agree to fully comply. 3. Appendices 3.1. Appendix A: List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds. 3.2. Appendix B: Grant Fund Allocations 3.3. Appendix C: Transfer of Ownership Agreement/Equipment Receipt and Acceptance for Purchases under CFDA Number 16.804 3.4. Appendix D: Use of the Equipment 3.5. Appendix E: Equipment Request Form 4. Terms 4.1. Grant Compliance. Each Party agrees that any and all funds granted to it pursuant to the joint Grant application to the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program shall be used by it only as described in the Grant application, only according to the provisions in the Grant agreement and its amendments, if any, and only in a manner that will serve the purposes defined in the Grant. 4.2. Grant Assurances, Certifications and Audit Requirements. Each Party agrees that it will comply with any and all standard assurances set forth in the grant application and grant contract; will conform its behavior to the requirements set forth in the relevant United States Office of Management and Budget (OMB) circulars identified in the grant application and grant contract; will remain in compliance with the Federal requirements regarding lobbying, debarment, responsibility, drug free environment, and non-discrimination; and, will conduct such audits as may be required by the grant application, contract and award of grant funds. 4.3. Intergovernmental Agreement Requirement. The Parties acknowledge that in order to be eligible for the JAG funds, the Federal Government, and not any individual Party to this Agreement, requires them to enter into this Intergovernmental Agreement setting forth their obligations regarding the management and oversight of Grant funds. 4.4. Intergovernmental Agreement Compliance. The Parties agree to abide by the terms and conditions set forth in this Intergovernmental Agreement relating to any and all aspects of the Grant and management of Grant funds, including but not limited to: receipt of Grant funds; use of Grant funds; reporting on the use of Grant funds; and the effectiveness of Grant funds in achieving the purposes for which they were granted. The Parties shall comply with all other requirements established now, or in the future, by the BJA and as may be required by the BJA or the Fiscal Agent to achieve the smooth and efficient administration of the Grant, including, but not limited to, the timely filing of reports as required by the Bureau of Justice Assistance and management of property and assets acquired with Grant funds. 4.5. Allocation of Grant Funds. Any funds granted to the Parties by the Department of Justice under the JAG shall be allocated and expended only as prescribed and permitted by the JAG Grant. For the grant period 2009 - 2010, the total Grant allocation is one million, nine hundred ninety- one thousand, two hundred seven dollars ($1,991,207). The sum allocated to each Party is set forth in Appendix B which is fully incorporated here by reference, and may be expended over the four (4) year grant period which extends through 2013. Any interest earned on funds placed in the trust fund shall inure to the benefit of the Parties to this Agreement and, unless the Parties agree otherwise, will be allocated to each Party in an amount proportionate to that Party’s grant. 4.6. Dispersal of Grant Funds. The County agrees to act as Fiscal Agent for any funds granted to the Parties pursuant to their joint Grant application, including initial acceptance of funds from Commissioners Minutes Continued. June 11, 2009 346 the BJA, establishment of a Trust Fund which shall be the repository of Grant funds until dispersed according to the agreed-upon procedures, and the dispersal of Grant funds to the Parties up to the amounts established by BJA. Any interest earned on funds placed in the trust fund shall inure to the benefit of the Parties to this Agreement and, unless the Parties agree otherwise, will be allocated to each Party in an amount proportionate to that Party’s grant. 4.7. Reporting Obligations. Each Party shall be fully responsible for timely completing any and all compliance reports required by BJA or timely providing the County with information, in the agreed-upon format, necessary to complete any and all BJA compliance reports that are or may be required under the Grant. The Parties agree that given the size of the Grant, the 4 year period in which funds may be expended, and the number of Parties involved, providing required reporting information related to its utilization of Grant funds is the sole responsibility of each Party. The County agrees that, provided it has received the required reporting information, it shall be responsible for submitting to BJA any and all reports and information that may be required in order to fulfill the conditions of the Grant in a timely manner that fully comports with the requirements of the Grant. The County will provide reports to the Parties on their individual and collective expenditure of Grant funds and remaining balance at least annually. 4.8. Communication Among Parties. Each Party agrees, upon request, to provide summary information on its compliance with Grant requirements to the other Parties’ Grant administrators and to provide the County with other information that may be required or that the County may request to ensure that the County, as original recipient of the Grant funds, is able to perform all tasks and activities necessary to satisfy its obligations as Fiscal Agent under the Grant. 4.9. Equipment and Property Acquisition. 4.9.1. If Grant funds are provided to any Party to purchase equipment or property, the County shall be responsible for procuring and paying for the equipment according to the County’s procurement policies or as otherwise required by the Grant agreement. 4.9.2. Title to the equipment or property shall be transferred to the requesting Party according to the provisions in Appendix C, Transfer of Ownership Agreement/Equipment Receipt and Acceptance, which is fully incorporated here by reference. The Parties represent and warrant that only those Agents duly authorized and empowered to transfer or accept property or equipment on behalf of the County and the Party shall sign the Transfer of Ownership/Equipment Receipt and Acceptance. 4.9.3. The Governmental Entity agrees that it will refrain from using or permitting any Agent to use the equipment until the Fiscal Agent has acknowledged receipt of the Transfer of Ownership Agreement/Equipment Receipt and Acceptance. Upon transfer of title, the Party’s rights and obligations regarding the property are as described in Appendix D, which is fully incorporated into this Agreement. 4.9.4. Each Party shall be responsible for creating, maintaining and updating a list/inventory of all equipment purchased for it with Grant funds, beginning on the date on which title to the property is transferred to the Party and ending three (3) years after the Grant has expired. 4.9.5. Annually, no later than 30 days following the end of the calendar year, each Party shall submit an updated report on the property and equipment it has received under the Grant to the County. The list/inventory shall include 1) the name of the equipment and any identifying tracking numbers; 2) the cost of the item; 3) the physical location of the equipment; and, 4) the condition of the equipment. 4.10. Hiring Employees. Parties shall complete such reporting requirements as may be set forth in the grant agreement that will be executed by the County and is the subject of this intergovernmental agreement. Parties agree to provide, as required by the Grant agreement, salary certifications and any other detail that may be required for each and every position. 4.11. Administrative Fee. Each Party, other than Oakland County, for whom Oakland County is acting as Fiscal Agent for purposes of this Grant agrees to pay three percent (3%) of its Grant award for the work the County must perform in the role of Fiscal Agent to ensure the management of The Grant, as more fully described in this Agreement and the Grant agreement. 4.12. Duration. Unless terminated according to the provisions of Sections 4.14 or 4.15 or extended by a signed Amendment to this Agreement, this Interlocal Agreement shall expire by its own Commissioners Minutes Continued. June 11, 2009 347 terms at 11:59:59 on 5 June 2013. 4.13. Office of the Great Seal. The County will file a copy of this Agreement with the Clerk of the County of Oakland and the Office of the Great Seal of the State of Michigan, as required by MCL 124.510, after it has been approved pursuant to resolution of the authorized legislative body of each Party, and signed by its authorized representative. 4.14. Termination for Convenience. This Agreement may be terminated by any Party provided the Party fully and completely withdraws from participation in the BJA Grant for which this Agreement was developed and executed, and only if it has, until the date of termination or for any other period required by BJA, fully complied with the terms and conditions of the Grant and fulfilled all of its obligations set forth in the Grant and this Agreement. Termination of this Agreement does not release any Party from any obligations that Party may have to the Grantor under the Grant application or Grant agreement or as otherwise required by the BJA. 4.15. Termination for Breach. If a Party is alleged to or fails to comply with the requirements of the BJA regarding the Grant, or is alleged to or fails to comply with the terms of this Agreement, the remaining Parties to this Agreement may terminate their Agreement with the non-compliant Party and continue this Agreement among themselves. A Party who is non-compliant with the Grant requirements assumes sole risk and liability for its non-compliance including liability for any penalties that may be imposed by the BJA or other department or agency of the Federal Government because of its alleged non-compliance. The non-compliant Party agrees that it will refrain from any actions to shift or assign liability or responsibility for its non-compliance onto other Parties to this Agreement. 4.16. Non-Supplanting. Each Party, by entering into this Agreement, warrants and represents that the funds for which the County will apply on behalf of all of the Parties will not supplant or replace other state or local funding allocated to cover the identified services. 4.17. Other Grant Warranties. Each Party entering into this Agreement warrants and certifies that it is in compliance with the warranties and certifications required in the Grant application and authorizes the County to make such warranties and certifications on its behalf. Each Party will fully comply with the warranties and certifications throughout the term of the Grant and this Agreement. 4.18. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between any Party (including any of its Agents), and any other Party (including any of its Agents). 4.19. No Indemnification. Each Party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its Agents. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend any other Party or Parties for any claim, damage or liability arising out of or stemming from any act or action of any Party, including, but not limited to the use of Grant funds pursuant to this Agreement. 4.20. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. 4.21. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 4.22. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by the Parties. 4.23. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No wavier by any Party shall subsequently affect its right to require strict performance of this Agreement. 4.24. 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. Commissioners Minutes Continued. June 11, 2009 348 All other terms, conditions, and provisions of this Agreement shall remain in full force and effect. 4.25. Discrimination. The Parties shall not discriminate against their employees, agents, applicants for employment, or another person or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 4.26. Permits and Licenses. Each party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 4.27. Delegation/Subcontract/Assignment. No Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the BJA Edward Byrne Justice Assistance Grant (JAG) Program and notice of such consent to the Fiscal Agent. 4.28. Survival of Terms. The following sections shall survive termination of this Agreement: Grant Compliance; Reporting Obligations; Reservation of Rights; Governing Law; Severability; No Indemnification; Equipment and Property Acquisition; Full Compliance and Survival of Terms. 4.29. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.30. Sole and Exclusive Agreement. Any and all intergovernmental agreements between or among any of the Parties entered into for purposes of applying for and obtaining BJA Grant funds at any time in the past shall remain in full force and effect as to any earlier grants, including, but not limited to, the BJA grants for 2005, 2006, 2007, and 2008 for which the County of Oakland and the Cities of Pontiac and Southfield entered into Intergovernmental Agreements as required by the Bureau of Justice Assistance as a result of their certification as disparate. Notwithstanding the preceding sentence this Agreement shall be the sole and exclusive Intergovernmental Agreement presented to the BJA by the Parties for the purpose of applying for disparate funding for fiscal year 2009 or, at the Parties’ discretion, to submit a joint application in any year through 2013 in which the JAG Program requires a joint Grant application. 4.31. Knowledge of Terms and Conditions. Each Party has fully reviewed the terms, conditions and requirements of the Grant and this Agreement and accepts that the obligations set forth in those terms, conditions and requirements apply fully and completely to it regardless of the amount of its individual Grant or its percentage of the full dollar amount granted by BJA to the entities listed in Appendix A. Each Party acknowledges its obligation to fulfill those conditions, requirements and obligations in order to ensure compliance with Grant requirements. A Party who fails to fulfill those terms, conditions and requirements will also be in breach of this Agreement. 4.32. Full Compliance. Each Party shall use its best efforts to ensure that it has fully complied with all Grant requirements and agrees that its full compliance is necessary in order to ensure that all other Parties are not subject to any penalty as a result of a Party’s failure to fully comply with the Grant requirements. Each Party shall bear its own risk of grant-related penalties up to and including debarment in the event that the BJA determines that the Party has misused granted funds or failed to abide by the terms and conditions of the Grant Agreement or if the BJA determines that the Party’s representations made in preparation of the Grant application or acceptance of the Grant Agreement regarding, by way of example and not limitation, lobbying, supplanting and compliance with other federal regulations require, in the BJA’s opinion, a penalty. 4.33. Notice. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail, postage prepaid and addressed to the contact persons listed in Appendix A. Notice will be deemed given on the date when one of the following first occurs: 1) the date of actual receipt; 2) the next business day when notice is sent express delivery service or personal delivery: or 3) three days after mailing first class or certified U.S. mail. A Party may change the contact person by notifying the other Parties in writing. 4.34. Governing Law. This Agreement shall be governed, interpreted and enforced by the laws of the State of Michigan. 4.35. The Parties have taken all actions and secured all approvals necessary to authorize and Commissioners Minutes Continued. June 11, 2009 349 complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. 4.36. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supercedes all other Agreements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order to make application for Grant funds that may be available, the Parties enter into this Agreement. For the City of: __________________________________________ ________________ (print name)________________________________ Date For the City of: __________________________________________ ________________ (print name)________________________________ Date In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order to make application for Grant funds that may be available, the Parties enter into this Agreement. For the County of Oakland: __________________________________________ ________________ (print name)________________________________ Date Copy of List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds, Grant Fund Allocations, Transfer of Ownership Agreement/Equipment Receipt and Acceptance for Purchases Under CFDA Number 16.804, Use of Equipment and Property and 2009 Justice Assistance Grant (JAG) Program Purchase Request Form on file in County Clerk’s Office. FISCAL NOTE (MISC. #09126) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT, PROSECUTING ATTORNEY AND 52-3 DISTRICT COURT – 2009 RECOVERY ACT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County, along with 20 local jurisdictions, has been allocated $1,991,207 and plans to apply to the U.S. Department of Justice, Office of Justice Programs for funding under the 2009 Recovery Act: Edward Byrne Memorial Justice Assistance Program. 2. The grant funding period is March 1, 2009 through February 28, 2013. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government applying for this grant. 4. The State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. 5. An intergovernmental agreement between Oakland County and the City of Birmingham, City of Ferndale, City of Hazel Park, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Pontiac, City of Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City of Wixom, City of Novi, City of Southfield, City of Auburn Hills, City of Farmington Hills, Bloomfield Township, Waterford Charter Township, West Bloomfield Charter Township and White Lake Charter Township is included as part of the application packet. 6. Oakland County’s share of the $1,991,207 is $285,521; $232,769 for County departments (Sheriff $111,427, Community Corrections $40,000, Circuit Court $39,200, Prosecuting Attorney $26,640, 52-3 District Court $15,502) and $52,752 Administrative Fee. The remaining $1,705,686 is Commissioners Minutes Continued. June 11, 2009 350 distributed among the 20 local jurisdictions based on Federal allocation less a 3% County Administrative Fee. There is no grant match requirement. 7. Oakland County has been elected to serve as fiduciary and lead agency for the entire award. 8. Total funding of $1,991,207 will be given to Oakland County to acquire equipment for the County departments and 20 local jurisdictions as detailed in the narrative and budget portions of the application. All equipment purchased with the grant funds will be delivered to the individual requesting party. 9. Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the requesting party upon delivery. FINANCE COMMITTEE Moved by Potter supported by McGillivray the resolution (with fiscal note attached) be adopted. AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman. (24) NAYS: Potts. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT (MISC. #09002) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on February 23, 2009 recommends that the resolution be amended to insert the following language as the third and fourth BE IT FURTHER RESOLVED paragraphs: BE IT FURTHER RESOLVED that Public Affairs Associates, Inc. (PAA) shall report to the General Government Committee on a quarterly basis. BE IT FURTHER RESOLVED that a Legislative Study Group will be established consisting of two members of the majority party and two members of the minority party and the Board of Commissioners’ Chairperson or designee to provide oversight and direction to PAA. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09002 BY: Commissioners Bradford C. Jacobsen, District #1, Jeff Potter, District #8 IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #08106 established a Government Relations Consulting Firm Study Group, comprised of four County Commissioners, to review and evaluate the Request for Proposals (RFPs), in the event that the Oakland County Board of Commissioners chooses to hire a government relations consulting firm; and WHEREAS the Oakland County Purchasing Division sent out notice of the RFP to fifty-three (53) consulting firms throughout the State of Michigan and gave notification of the bid opportunity on the Michigan Inter-governmental Trade Network (MINT); and WHEREAS the county received sixteen (16) proposals, which were reviewed and evaluated by the study group. Six (6) firms were selected for interviews, which were conducted in November 2008; and WHEREAS the Government Relations Consulting Firm Study Group has made the recommendation that Public Affairs Associates, Inc. (PAA), based in Lansing, Michigan, be selected as the government relations consulting firm by the Oakland County Board of Commissioners. Commissioners Minutes Continued. June 11, 2009 351 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes a professional services contract with Public Affairs Associates, Inc. (PAA), as the government relations consulting firm representing the interests of the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a three (3) year contract, at a monthly fee of Five Thousand ($5,000) Dollars, unless terminated by the parties. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is authorized to execute the professional services contract with Public Affairs Associates, Inc. (PAA), on behalf of the Board of Commissioners. Chairperson, we move the adoption of the foregoing resolution. BRADFORD JACOBSEN, JEFF POTTER, TOM MIDDLETON Copy of Memorandum regarding Authorization for a Professional Services Contract for Government Relations Consulting Firm to Public Affairs Associates, Inc., M.R. #08106, Solicitation Quotation – Professional Services, Solicitation Responses Report, Executive Summary, Client Services, and Draft of Oakland County Department of Management and Budget – Purchasing Division Professional Services Contract Number on file in County Clerk’s office. FISCAL NOTE (MISC. #09002) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Board of Commissioners authorizes a three (3) year professional services contract at a monthly fee of $5,000 with Public Affairs Associates, Inc. (PAA), as the government relations consulting firm, unless terminated by the parties. 2. Sufficient funds have been budgeted for this agreement for Fiscal Year 2009 and Fiscal Year 2010, therefore, no budget amendment is recommended. FINANCE COMMITTEE Moved by Potter supported by Coulter the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Coulter the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Potter supported by Coulter the amendment be amended as follows: BE IT FURTHER RESOLVED that a Legislative Study Group will be established consisting of two members of the majority party and two members of the minority party. and the Board of Commissioners’ Chairperson or designee to provide oversight and direction to PAA. A sufficient majority having voted in favor, the amendment carried. Commissioners Minutes Continued. June 11, 2009 352 Vote on resolution, as amended: AYES: Gingell, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Taub, Woodward, Bullard, Capello, Coleman, Coulter. (16) NAYS: Douglas, Gershenson, Gosselin, Greimel, Long, Schwartz, Scott, Zack, Burns. (9) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #09127 BY: Commissioner Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – A RESOLUTION URGING IMMEDIATE PASSAGE OF COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS experts from across the political spectrum agree that America’s health system is “broken” and unsustainable in its present configuration; and WHEREAS families in Oakland County are experiencing this crisis right now, confronting the high cost of health care that threatens their financial stability, which leaves them exposed to higher premiums and deductibles and puts them at risk for a possible loss of health insurance; and WHEREAS employer-sponsored health insurance premiums have nearly doubled in recent years making it increasingly difficult for employers, including county governments, to provide health insurance coverage for their employees and retirees; and WHEREAS millions of Americans do not have health coverage or have inadequate coverage, and as our economic challenges multiply the problem of health care access grows, further straining counties’ capacity to provide care for the uninsured, underinsured and medically indigent; and WHEREAS in 2002, an estimated 6.5% or 77,620 people in Oakland County were uninsured. In today’s economic climate this number is projected to grow significantly; and WHEREAS county officials are elected to protect the health and welfare of their constituents; and WHEREAS existing public health insurance systems should be strengthened and expanded, including Medicare, Medicaid, the State Children’s Health Insurance Program (SCHIP) and efforts to meet public health obligations that provide indigent care, subsidies for hospitals and clinics, behavioral health, public health, jail health, and mental health care; and WHEREAS the National Association of Counties (NACo) Health System Reform Working Group has held three regional hearings to explore the health crisis and to hear what county officials believe should be done about it. NACo has summarized its findings in Restoring the Partnership for American Health: Counties in a 21st Century Health System, which was approved and adopted by resolution of the NACo Health Steering Committee and Board of Directors on March 9, 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners endorses NACo’s health reform principles, as summarized in Restoring the Partnership for American Health: Counties in a 21st Century Health System; namely, that reform legislation should: 1. Restore the partnership between county and federal governments; 2. Provide access to affordable, quality health care to all; 3. Invest in public health, including health promotion and disease and injury prevention; 4. Stabilize and strengthen the local health care safety net system, especially Medicaid and disproportional share hospital (DSH) payments; 5. Invest in the development of the health professional and paraprofessional workforce; 6. Ensure that county health agencies have the resources to meaningfully use health information technology; 7. Enable elderly and disabled persons to receive the services they need in the least restrictive environment; and 8. Reform the delivery and financing of health services in the jail system. BE IT FURTHER RESOLVED that the Board strongly urges the 111th Congress of the United States to enact comprehensive health reform legislation without delay before the end of its first session. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to President Barack Obama; the Michigan delegation to the U.S. Congress and U.S. Senate; the National Association of Counties; Mr. Michael Blake, Deputy Associate Director of the Offices Commissioners Minutes Continued. June 11, 2009 353 of Intergovernmental Affairs & Public Engagement; the Michigan Association of Counties; and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, MATTIE HATCHETT, HELAINE ZACK, MARCIA GERSHENSON, GARY McGILLIVRAY, DAVID COULTER, JIM NASH, TIM BURNS, JANET JACKSON The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Jeff Potter set a public hearing for July 15, 2009 at 7:10 p.m. regarding the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 – Intergovernmental Agreement and Grant Application. MISCELLANEOUS RESOLUTION #09128 BY: Commissioners David Woodward, District #18, Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS - INCORPORATING "BUY OAKLAND; BUY LOCAL FIRST" POLICY IN PURCHASING PROCEDURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a commitment to reinvesting in our local economy is an essential element to the ongoing stability and growth of local businesses based in Oakland County and the State of Michigan; and WHEREAS in 1992, with the adoption of Miscellaneous Resolution #92057, entitled Made in the USA, the Oakland County Board of Commissioners affirmed "that it was in the best interest of the United States and the County of Oakland to promote the purchase and use of goods and services manufactured and/or originating in the United States”; and WHEREAS MR #92057 is incorporated into Section 2400.1 of the Oakland County Purchasing Policies and Procedures - providing that when Oakland County makes a purchase of $10,000 or more, the County of Oakland shall give preference to products manufactured in the United States when they are available at competitive prices and are of equal, superior, or similar quality; and WHEREAS a recent study in West Michigan concluded that for every $100 spent at a local independent business in the local Greater Grand Rapids region, $73 circulated within the local economy contrasted to only $43 when the same amount was spent at a non-local business; and WHEREAS Oakland County has a compelling interest in economically strengthening county-based enterprises; and WHEREAS economically strengthening small and county-based enterprises would improve the region's economy and aid in the reduction of the unemployment rate. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby affirms that Oakland County has a responsibility to create and maintain job opportunities for residents of the county and to ensure that county-based and Michigan-based enterprises have a reasonable share of the contracts awarded by Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a purchasing preference policy for products manufactured locally and services provided by businesses based in the County of Oakland, the State of Michigan and/or the United States. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the County of Oakland shall be deemed reasonable and competitive if they are five (5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the County of Oakland. Chairperson, I move the foregoing resolution. DAVID WOODWARD, TIM GREIMEL, JIM NASH, ERIC COLEMAN, MARCIA GERSHENSON, MATTIE HATCHETT, DAVID COULTER, TIM BURNS, GARY McGILLIVRAY, HELAINE ZACK, STEVEN SCHWARTZ, JANET JACKSON Commissioners Minutes Continued. June 11, 2009 354 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELANEOUS RESOLUTION #09129 BY: Commissioner David Coulter, District #25 IN RE: BOARD OF COMMISSIONERS - AUTHORIZING INTERGOVERNMENTAL TRANSFER TO EXPAND ACCESS TO HEALTH CARE FOR OAKLAND COUNTY RESIDENTS, AND CONTRACTING ADMINISTRATION OF COUNTY’S INDIGENT HOSPITALIZATION PROGRAM WITH OAKLAND HEALTH PLAN, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is committed to supporting programs that provide access to appropriate health care services for low-income residents of Oakland County; and WHEREAS the Federal government has approved Michigan’s Medicaid State Plan Amendment TN No. 05-13, effective June 1, 2006, which creates an “Indigent Care Agreements Pool” for hospitals qualifying for Medicaid Disproportionate Share (“DSH”) payments to receive DSH payments under the Indigent Care Agreements Pool so long as: (a) the hospital has an Indigent Care Agreement with a local health care entity, such as Oakland Health Plan, Inc.; and (b) the Indigent Care Agreement stipulates that direct or indirect health care services be provided to low-income patients with special needs who are not covered under other public or private health care programs; and WHEREAS the Oakland County of Commissioners endorsed the creation of Oakland Health Plan, Inc. with Miscellaneous Resolution #07157; and WHEREAS Oakland Health Plan, Inc. purposes include promoting, organizing, managing and administering programs to create a system for providing or arranging and paying for health care services in a cost effective manner for persons unable to pay for such health care services; and WHEREAS Oakland Health Plan, Inc. has entered into an Indigent Care Agreement with William Beaumont Hospital, requiring Oakland Health Plan, Inc. to directly or indirectly operate a program of arranging and paying for health care to low-income individuals with special needs who are not covered under other public or private health care programs and who are unable to pay for such services; and WHEREAS both the Federal government and the State of Michigan participate in the financing of the Indigent Care Agreements Pool, with the Federal government matching the State’s portion pursuant to the Federal medical assistance percentage formula; and WHEREAS certain intergovernmental transfers of public funds from the Oakland County Health Division may be made to the State of Michigan to be used as the State’s share in claiming the Federal match. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the intergovernmental transfers in an amount of $695,274 to the State of Michigan for the purpose of participating in the financing of the non-federal share of DSH payments made under the Indigent Care Agreements Pool to William Beaumont Hospital so long as Oakland Health Plan maintains a current Indigent Care Agreement with William Beaumont Hospital. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Chairman of the Board and the Oakland Health Division to enter into an agreement with Oakland Health Plan, Inc., not to exceed $304,726, for the purposes of Oakland Health Plan, Inc. administering the Indigent Hospitalization Program for Oakland County. Chairperson, I move the adoption of the foregoing resolution. DAVID COULTER, MARCIA GERSHENSON, JIM NASH, MATTIE HATCHETT, ERIC COLEMAN, TIM BURNS, HELAINE ZACK, JANET JACKSON, GARY McGILLIVRAY, TIM GREIMEL The Chairperson referred the resolution to the General Government Committee and the Finance Committee. There were no objections. Commissioners Minutes Continued. June 11, 2009 355 MISCELLANEOUS RESOLUTION #09130 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SAFE PASSAGE OF GREAT LAKES MIGRATING BIRDS IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many small birds such as warblers, wrens, vireos, thrushes and tanagers migrate at night on their way either to their summer breeding grounds or to their wintering grounds, and each year one hundred million to one billion birds die during these night migrations. Tall lighted buildings, five stories and higher, have been shown to be one of their greatest dangers; and WHEREAS it is thought that the lights on tall buildings confuse the navigation systems of birds unlucky to have such buildings in their flight path. They circle the buildings repeatedly and either die of exhaustion or by colliding with the illuminated building. According to scientists at the Field Museum in Chicago, their mortality could be reduced 80% if those building lights were off; and WHEREAS the Detroit Audubon Society is requesting building organizations, government agencies and property owners to reduce the carnage by turning off lights in tall buildings from 11:00 p.m. to dawn from the second weekend in March through May and from the second weekend in August through October; and WHEREAS more that 250 species of birds, including warblers, thrushes and tanagers, some declining steeply in numbers, fly over Michigan cities, including Oakland County during their migration seasons; and WHEREAS turning lights off at night in tall structures would save money, reduce pollution, save energy, and save the lives of many birds that fly over our skies at night; and WHEREAS Governor Jennifer Granholm showed her support of this effort by issuing a proclamation naming "Safe Passage Great Lakes Days" - March 15 through May 31 and August 15 through October 31. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby encourage business owners, building organizations and property owners to cooperate with the Project Safe Passage program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby offer our support to the Audubon Society and proclaim the observance of Safe Passage Great Lakes Days in Oakland County, annually, for the periods of March 15th through May 31st and August 15th through October 31st. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages local municipalities, business owners, building organizations and property owners throughout Oakland County to cooperate with the Project Safe Passage by turning out lights, which will not only spare birds, but save money and energy and reduce pollution. It can be a win-win-win situation for the environment, for building owners and managers, and for the birds. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, the Michigan Audubon Society, the Detroit Audubon Society, Oakland County’s cities, villages and townships, the Michigan Association of Counties, and the Building Owners and Managers Association (BOMA) of Metropolitan Detroit. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, SUE ANN DOUGLAS, KIM CAPELLO, DAVID POTTS, MICHAEL GINGELL The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #09131 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – OPPOSE MOVING GUANTANAMO BAY PRISONERS TO MICHIGAN PRISONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. June 11, 2009 356 WHEREAS President Barack Obama has determined to close the Guantanamo Bay detention facility in Cuba by January 2010; and WHEREAS this detention facility holds approximately 240 dangerous prisoners, terrorists and enemies of the United States; and WHEREAS several proposals for moving the detainees to prisons in the United States are under consideration; and WHEREAS terrorists continue to organize and recruit and plan operations while in custody; and WHEREAS U.S. Representative Bart Stupak, Menominee, has written a letter asking the Obama administration to consider using a closed state prison in Manistique, Michigan as a relocation site for these detainees; and WHEREAS Representative Stupak has stated that “Without a broad base of support I will not push for further consideration of Camp Manistique or other sites in the Upper Peninsula to house detainees”; and WHEREAS the Oakland County Board of Commissioners do not feel that terrorists should be relocated anywhere in Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes relocating Guantanamo Bay detainees anywhere in Michigan. BE IT FURTHER RESOLVED that the clerk send copies of this resolution to Michigan’s Congressional Delegation, the Governor, Oakland County Representatives and Senators, and the Michigan Association of Counties. Chairperson, I move the foregoing resolution. SHELLEY TAUB, CHRISTINE LONG, JOHN SCOTT, ROBERT GOSSELIN, MICHAEL GINGELL, KIM CAPELLO, JIM RUNESTAD, SUE ANN DOUGLAS, DAVID POTTS The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:46 a.m. to the call of the Chair or July 15, 2009, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson