HomeMy WebLinkAboutMinutes - 2009.07.15 - 8504358
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
July 15, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 7:05 p.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by Tim Greimel.
Pledge of Allegiance to the Flag.
Moved by Greimel supported by Potts the minutes of the June 11, 2009 Board Meeting be approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be approved as printed.
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
There were no written communications.
The following people addressed the Board during public comment: Mike Elenbaas, Doug King of
Michigan Publinx Senior Golf Association/Volunteer Lyon Oaks, Alice Benbow, Becky Clark, Scott Clark,
Kim McFall, Tom Zeraffa, Dave Taylor, Commissioner Eric Coleman, Matthew Berard, Ryan Gesund, Karl
S. Striebel, Bruce Fealk, Jack Schneider and Commissioner Shelley Taub.
County Executive L. Brooks Patterson and Chairperson Bill Bullard, Jr. presented a proclamation to the
LaFontaine Automotive Group, congratulating them, its sales people, staff and management for achieving
a number one national rating in BPG retail sales for the month of May 2009 and for being the first GM
dealership in the United States to receive a Gold LEED Certification.
Commissioners Minutes Continued. July 15, 2009
359
Commissioner Eric Coleman, along with Chairperson Bill Bullard, Jr., Commissioner Helaine Zack and
Commissioner Janet Jackson, presented a proclamation to the Southfield Community Foundation for its
leadership in the development of the ‘field Zone Youth Center, which has made a positive impact in the
lives of area youth and the Southfield community.
Commissioner Eric Coleman, along with Chairperson Bill Bullard, Jr., Commissioner Helaine Zack and
Commissioner Janet Jackson, presented a proclamation to the City of Southfield’s ‘field Zone Youth
Center, with the greatest expectation that it continues to enrich the lives of area youth and the Southfield
community for many decades to come.
Commissioner Eric Coleman, along with Chairperson Bill Bullard, Jr., Commissioner Helaine Zack and
Commissioner Janet Jackson, presented a proclamation to Scott Griffin for his exceptional leadership and
vision which has made a positive impact in the lives of area youth and the Southfield community.
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 – Intergovernmental Agreement and
Grant Application. Is there anyone present who wishes to speak?” No one requested to speak and the
Chairperson declared the Public Hearing closed.
Oakland County Executive, L. Brooks Patterson, gave a presentation on the Fiscal Year 2009 - 2010
County Executive’s Budget Recommendations. Tim Soave, Manager of Fiscal Services, and Nancy
Scarlet, Director of Human Resources also gave presentations.
Gerald Poisson, Deputy County Executive, and Undersheriff Michael McCabe addressed the Board and
audience about an accident on I-75 in Hazel Park and advised alternate routes.
Chairperson Bill Bullard, Jr. declared a brief recess at 9:15 p.m.
The Board reconvened at 9:20 p.m.
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.
Moved by Capello supported by Woodward 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 404. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #09132
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2009 SECOND QUARTER
FINANCIAL FORECAST AND FY 2009 BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of
Government, provides for adjustments to the adopted budget; and
WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes
budget amendments for variances between the budgeted revenue and actual revenue, and Section 23,
which authorizes budget amendments for variance between estimated revenue and projected
expenditures, amendments are required; and
Commissioners Minutes Continued. July 15, 2009
360
WHEREAS the Fiscal Year (FY) 2009 Second Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and
WHEREAS the 52nd District Courts request a budget amendment to reduce revenues and expenditures
due to a decline in revenue collections; and
WHEREAS the Sheriff is requesting a budget amendment to authorize use of remaining Forfeiture Funds
of $23,065 originally budgeted for motorcycles (M.R. #09071) to purchase traffic safety vests; and
WHEREAS the Sheriff’s Office received notification from Groveland Township of fire dispatch contract
cancellation effective June 30, 2009 and a budget amendment is recommended to acknowledge the
revenue loss; and
WHEREAS a budget amendment is requested by the Library Board to re-appropriate funds in the amount
of $2,000 from the Law Library to Library Administration for the one-time set up fee for a T1 line, which
will provide internet access to members of the public; and
WHEREAS a budget amendment is recommended to reallocate funds within the Auditing Division to
reflect the budget in the accounts where the actual expenses are incurred; and
WHEREAS a budget amendment is recommended to reallocate funds within the Homeland Security to
reflect increased cost for Electrical Services for tornado sirens and funding is available within the Division;
and
WHEREAS a budget amendment is recommended to recognize $31,000 in Fiscal Services -
Reimbursement Professional Services favorability to cover the Information Technology expense of
programming Account Receivable Files for the State Court of Administrators’ Office; and
WHEREAS the Health Division is requesting an amendment to use $14,000 of anticipated favorability in
Clinic expenses to offset increased Professional Services for activities in TB; and
WHEREAS Children’s Village is requesting an amendment to use $10,000 of anticipated favorability in
Dry Goods and Clothing to offset a Professional Services contract for nurses from Ameristaff in order to
fill scheduling needs at Children’s Village; and
WHEREAS the MSU Extension Division is requesting a budget amendment of $1,000 to re-appropriate
funds within their budget to more accurately account for actual program expenses; and
WHEREAS the Medical Examiner is requesting a budget amendment of $2,000 to reallocate funds within
the budget, from Film and Processing to Equipment Maintenance to more accurately account for actual
expenses; and
WHEREAS Economic Development is requesting a budget amendment to reallocate $26,000 in donation
revenue appropriations within the department to more accurately classify the donation, re-appropriate
funds within the department’s budget to segregate marketing and planning activities, and an appropriation
transfer of $1,551 in Economic Development to fully fund Workforce Development grant costs not
chargeable to the grants; and
WHEREAS a budget amendment is recommended to transfer $750,000 from the Delinquent Tax
Revolving Fund (DTRF) to the General Fund Non-Departmental account for the FY 2009 Road
Commission Tri-Party agreement; and
WHEREAS a budget amendment is recommended to correct a budget amendment per M.R. #09091 for
Human Resources Budget Task Reduction, by reallocating budget from Administration to Training and
Development within the Fringe Benefit Fund to more accurately account for actual expenses; and
WHEREAS a budget amendment of $266,258 is recommended to correct budget adjustment made
during the FY 2009/FY 2010 Budget Process, which reallocated funds to transfer two (2) positions from IT
Fund to CLEMIS Fund; and
WHEREAS M.R. #09082 amended the IT fund budget and the DTRF budget for the tax collection
software project and since this project was already budgeted in the DTRF, the DTRF portion of the
amendment needs to be reversed; and
WHEREAS due to cutbacks, the State of Michigan is no longer providing the service of polygraph testing
for the local police departments, and the Sheriff’s Office has been requested by the local police
departments to provide polygraph testing services, and a budget amendment is recommended to use
funds from the Capital Cooperative Initiatives Revolving Fund (#21150) which is already assigned for
Sheriff activities in the amount of $12,000 to offset the expense for providing Polygraph Testing services
through the Sheriff’s Office; and
WHEREAS $350,000 was originally transferred to the Radio Communications Fund (#53600) per M.R.
#08266 for the Sheriff’s call taking equipment and a budget amendment of $200,000 is recommended to
authorize the return of the balance of funds to the General Fund as other funds are available to cover the
Commissioners Minutes Continued. July 15, 2009
361
cost of the equipment. Surcharge monies have been collected specifically for 911 call taking equipment
and also a minimal amount of grant funds has been received; and
WHEREAS the County has received additional donations for the Oakland County Lady Justice
Restoration Project in the amount of $625; and
WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners
receive a quarterly report regarding adjustments made to Inmates accounts on transactions billed in
excess of ability to pay as well as approve the write-offs of any bad debts in excess of $1,000; and
WHEREAS after repeated efforts to collect money owed to Oakland County from two (2) One Stop Shop
customers, the Planning and Economic Development Services Division has requested to write off these
accounts as bad debts in the amount of $69; and
WHEREAS the Department of Information Technology has requested write-offs totaling $563.35 due to
unsuccessful attempts to collect on bad debts past due 90 days.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2009
Second Quarter Financial Report.
BE IT FURTHER RESOLVED that the FY 2009 Budget be amended pursuant to Schedules A and B.
BE IT FURTHER RESOLVED that $12,000 from the Capital Cooperative Initiatives Revolving Fund
(CCIRF) be appropriated as follows:
GENERAL FUND (#10100)
Expenditures
4030901-110060-730373 Sheriff Invest/Foren Svcs-Contracted Svcs $12,000
9010101-132320-788001-21150 Transfer Out to CCIRF ( 12,000)
Total Expenditures $ 0
CCIRF FUND (#21150)
Revenue
9010101-132320-695500-10100 Transfer In from General Fund ($12,000)
Expenditure
4030601-116200-760051 Boats ($12,000)
Total $ 0
BE IT FURTHER RESOLVED that $200,000 be transferred from the Radio Communications Fund to the
General Fund as follows:
RADIO COMMUNICATIONS FUND (#53600)
Revenue
1080310-115060-665882 Planned Use of Fund Balance ($200,000)
Expenditure
1080310-115060-788001-10100 Transfer Out to General Fund ($200,000)
Total $ 0
GENERAL FUND (#10100)
Revenue
9010101-112710-695500-53600 Transfer In from Radio Comm Fund $200,000
Expenditure
9010101-196030-740023 Non-Dept Budget Transition $200,000
Total $ 0
BE IT FURTHER RESOLVED that donations be accepted for the Oakland County Lady Justice
Restoration Project.
BE IT FURTHER RESOLVED that uncollectible debts for services rendered by the Planning and
Economic Development Services Division and the Department of Information Technology are authorized
to be written off.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of correspondence regarding Fiscal Year 2009 Second Quarter Report, Schedule A – FY 2009
Second Quarter Budget Amendments General Fund/General Purpose, Schedule B – FY 2009 Second
Quarter Budget Amendments Proprietary/Special Revenue Funds, Correspondences from Penny Knope,
Facilities Management, regarding Donations to the Lady Justice Restoration Project Fund, Memo from
Dan Hunter, Manager, Regarding Request to Write Off Amount Owed by Two One Stop Shop Customers
and Summary by Department on file in County Clerk’s office.
Commissioners Minutes Continued. July 15, 2009
362
(The vote for this motion appears on page 404.)
*MISCELLANEOUS RESOLUTION #09133
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: COUNTY EXECUTIVE/AUDITING DIVISION – REVISED IMPREST PETTY CASH
PROCEDURES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the principle purposes of imprest cash funds are to reimburse nominal cash payments for
authorized County expenditures (petty cash funds) and to provide customer change in the event a cash
purchase is less than the amount rendered (change funds); and
WHEREAS the Department of Management and Budget’s “Imprest Petty Cash Procedures” assigns the
Auditing Division the responsibility to approve requests to initiate imprest cash funds, increase
established imprest cash funds, and approve petty cash purchases over $50.00; and
WHEREAS audit organizations and individual auditors, must be free from personal, external, and
organizational impairments to independence, and must avoid the appearance of such impairments; and
WHEREAS auditing organizations must abide by two overarching independence principles:
1. audit organizations must not provide non-audit services that involve performing management
functions or making management decisions and
2. audit organizations must not audit their own work or provide non-audit services in situations in
which the non-audit services are significant or material to the subject matter of audits; and
WHEREAS the responsibilities assigned in the Department of Management and Budget’s “Imprest Petty
Cash Procedures” are non-audit services that place the Auditing Division in violation of the overarching
independence principles and impair its ability to independently conduct audits of the county’s imprest
cash funds; and
WHEREAS the Auditing Subcommittee reviewed these changes on June 11, 2009 and is in support of
this resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Department of Management and Budget’s revised “Imprest Petty Cash Procedures” transferring the
responsibility for approving imprest petty cash fund requests to the Treasurer’s Office and the approval of
petty cash purchases over the $50.00 limit to Fiscal Services.
Chairperson, on behalf of the Finance Committee, I recommend approval of the foregoing resolution.
FINANCE COMMITTEE
Copy of Oakland County, Michigan Petty Cash Procedures on file in County Clerk’s office.
(The vote for this motion appears on page 404.)
*MISCELLANEOUS RESOLUTION #09134
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 MICHIGAN STATE TAX COMMISSION
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 the State Tax Commission has requested appraisals in similar nature for Telephone and
Telegraph Systems in the County of Oakland as part of a reappraisal project; and
WHEREAS the State Tax Commission has requested an appraisal of parcel #88-20-28-302-031 in the
City of Troy.
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 March 1, 2009 through July 1, 2009 with the State Tax Commission, which
has been signed by its authorized signatories.
BE IT FURTHER RESOLVED that the FY 2009 Budget be amended to include this contract for the
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363
amount of $1,500.00 as follows:
GENERAL FUND (#10100) FY 2009
1020501-186020-631813 Equalization – Reimb. of Equal. Svcs $1,500
9090101-186030-730359 Non-Dept – Contingency 1,500
Total $ 0
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
Correspondences from Kelli Sobel, Executive Secretary State Tax Commission and Michigan Department
of Treasury State Tax Commission Telephone Property Appraisals on file in County Clerk’s office.
(The vote for this motion appears on page 404.)
*MISCELLANEOUS RESOLUTION #09135
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 TOWNSHIPS OF COMMERCE, GROVELAND, HIGHLAND, MILFORD, OXFORD, ROYAL OAK,
SOUTHFIELD AND WEST BLOOMFIELD AND THE CITIES OF BERKLEY, CLARKSTON,
FARMINGTON, HAZEL PARK, HUNTINGTON WOODS, KEEGO HARBOR, NOVI, ORCHARD LAKE
VILLAGE, PLEASANT RIDGE, SOUTH LYON, SYLVAN LAKE, WALLED LAKE AND WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services to local units of government including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS revenues and expenditures associated with the services for this contract are included in the
FY 2010 - 2012 County Executive Recommended Budget and therefore, no budget amendment is
recommended.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into the attached Contract for Oakland County Equalization Division Assistance
Services covering the term July 1, 2009 through June 30, 2011 with the Townships of Commerce,
Groveland, Highland, Milford, Oxford, Royal Oak, Southfield and West Bloomfield, and the Cities of
Berkley, Clarkston, Farmington, Hazel Park, Huntington Woods, Keego Harbor, Novi, Orchard Lake
Village, Pleasant Ridge, South Lyon, Sylvan Lake, Walled Lake and Wixom which have been signed by
their 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 (Municipality) (Real and
Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
(Municipality), (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 (Municipality), a Michigan Constitutional and
Municipal Corporation whose address is _____ (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.”
Commissioners Minutes Continued. July 15, 2009
364
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of
the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the terms
and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons' successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted
in their personal representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of them, excluding the Municipality and/or any Municipality
Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any
person who was a County Agent anytime during the term of this Contract but, for any reason,
is no longer employed, appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and assigned by
the County to work in the Equalization Division of the County’s Department of Management
and Budget as shown in the current County budget and/or personnel records of the County.
For any and all purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but any reference in this contract
to Equalization Division Personnel shall not include any County Agent employed by the
County in any other function, capacity or organizational unit of the County other than the
Equalization Division of the Department of Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members, council
members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any and
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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 2005 and 2006 tax years 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. July 15, 2009
366
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
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required for any Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed, utilized,
or perform any other services, of any kind, directly or indirectly, in any manner or
capacity, or otherwise be available to perform any other work or assignments by or
for the Municipality during the term of this Contract. This section shall not prohibit the
Municipality from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law,
the Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be
deemed, considered or claimed to be an employee of the Municipality and/or a
Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services" or assistance to the Municipality or
assume any additional responsibility for assisting the Municipality in any other way or manner
with any Municipality obligations under any and all State Property Tax Laws, including, but
not limited to, providing any attorney or legal representation to the Municipality or any
Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other
adjudicative body or court, except as expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any
way related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation, as
necessary, to defend any such claim or challenge before the State Tax Tribunal or
any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real
and/or Personal Property Tax Assessors) to defend property tax appraisals and
assessments that they either performed, or were otherwise performed under their
supervision, before the Michigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall be authorized, required and/or
otherwise obligated under this Contract or pursuant to any other agreement between
the Parties to provide any legal representation to or for the Municipality and/or
otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality
before the Michigan Tax Tribunal or any other review body or court.
§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, 2006, 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
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368
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 2004 - 2005 and 2005 - 2006, the sum of $x.xx
each year for each real property description and $x.xx each year for each personal property
description rendered during the life of this Contract. Payment for the contract year 2004 - 2005 is
payable on or before July 1, 2005 and payment for the contract year 2005 - 2006 is payable on or
before July 1, 2006.
If during the term of this Contract, there are additional services requested of the County, the Parties
shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to be
billed at the applicable Equalization Division personnel’s overtime rate and charged to the
Municipality over and above any other fees described in this Contract, with the following
exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland
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County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan
official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is
authorized to withhold any funds due the MUNICIPALITY from the State, and assign those
funds to partially or completely offset any deficiency by the MUNICIPALITY to the County.
Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any
claims against the State or County, or their respective officials, for any such amounts paid to
the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to
set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund
(“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the
County, to partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment by the
MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the
County, or its officials, for any such amounts paid to the County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for
any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice
to the Municipality, without any penalty or liability whatsoever, any County services or
performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the
County under this Agreement. The remedies in this paragraph are available to the County on
an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its
payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for
any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any
Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary benefit
or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific
reduction or increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax Tribunal or
any court or review body, or any other such performance-based outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet any
Municipality obligation under any applicable State Property Tax Laws, or any other economic
benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful
termination, default and/or cancellation of this Contract, or damages beyond or in excess of
the amount(s) of any amount paid to, received or retained by the County at the time of the
alleged breach or default in connection with or under the terms of this Contract, whether such
alleged breach or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision and this
Contract is intended by the Parties to allocate the risks between the Parties, and the Parties
agree that the allocation of each Party's efforts, costs, and obligations under this Contract
reflect this allocation of each Party's risk and the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
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
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any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or
asserted against the Municipality or any Municipality Agent by any third person, including but
not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or
Services to be carried out by any County Agent in the performance of this Contract, the
Municipality hereby agrees that it shall have no rights pursuant to or under this Contract
against the County and/or any County Agents to or for any indemnification (i.e., contractually,
legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed
by the County and/or any of County Agents based upon any and all legal theories or alleged
rights of any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability, penalties,
litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or
asserted against the Municipality and which are alleged to have arisen under or are in any
way based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality residents. In preparing any such tax
statement the County shall rely upon certain data provided by the Municipality beyond the
data gathered by the County under this contract, including, but not limited to, the applicable
millage rate. The parties agree that under no circumstances shall the County be held liable
to the Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing
that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance
of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and
job specifications and shall solely control, direct, and supervise all Municipality Agents and
shall be solely responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract),
constitutional, common law employment right, and/or civil rights by the Municipality. The
Municipality agrees to indemnify and hold harmless the County from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County or any County
Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or
are in any way related to any Municipality Agent's wages, compensation, benefits, or other
employment-related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County Agent.
This Contract does not grant or confer, and shall not be interpreted to grant or 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.
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8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which
is governed by the Truth in Taxation Act as well as any property which is being considered for
an exemption under the Industrial Facility Tax Act. The County shall be informed of these
proposed changes prior to approval by the governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail
of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property statements
and any and all other documents affecting the status or value of property located
within the Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality
to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and
they shall be paid on a time and material basis. Such rate shall be based upon the wages
plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the
terms of this Contract, the County's and/or any and all County Agents' legal status and relationship
to the Municipality shall be that of an Independent Contractor. Except as expressly provided
herein, each Party will be solely responsible for the acts of its own employees, Agents, and
servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as a
result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor of
the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee
that any specific number(s) or classification of County Agents will be present on any given day to
provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s)
or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a)
any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent;
(b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality
duty or obligation in this Contract; and/or (c) any other Claim(s) based in 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.
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372
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly
surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to,
any and all indemnification and hold harmless promises, waivers of liability, record-keeping
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions
that occurred before the cancellation or completion of this Contract, shall survive the
cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of XYZ. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the City Council of XYZ and shall also be filed with the office
of the Clerk of the County and the Clerk for the City of XYZ.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and no
other act, verbal representation, document, usage or custom shall be deemed to amend or
modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary
or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of thirteen (13) 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
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373
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, ________, hereby acknowledges that he has been authorized by a resolution
of the City Council of XYZ, 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: __________________
WITNESSED: ____________________________ DATE: __________________
IN WITNESS WHEREOF, Bill Bullard Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: _________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: _________________________________ DATE: __________________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF XYZ (file maintenance)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF XYZ, (hereafter, this "Contract") is made and entered into between the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF XYZ, a Michigan
Constitutional and Municipal Corporation whose address is 123 Main Street. XYZ, Michigan _____-____
(hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be
referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The 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.
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374
NOW THEREFORE in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons' successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted
in their personal representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of them, excluding the Municipality and/or any Municipality
Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any
person who was a County Agent anytime during the term of this Contract but, for any reason,
is no longer employed, appointed, or elected and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and assigned by
the County to work in the Equalization Division of the County’s Department of Management
and Budget as shown in the current County budget and/or personnel records of the County.
For any and all purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but any reference in this contract
to Equalization Division Personnel shall not include any County Agent employed by the
County in any other function, capacity or organizational unit of the County other than the
Equalization Division of the Department of Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members, council
members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any and
all persons acting by, through, under, or in concert with any of them, except that no County
Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be
deemed a County Agent. "Municipality Agent" shall also include any person who was a
Municipality Agent at any time during this Contract but for any reason is no longer employed,
appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands
for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation costs and expenses, including, but not limited to, any reimbursement for
reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the County and/or
any County Agent, as defined herein, or any Claim(s) for which the County and/or any County
Agent may become legally and/or 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.
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1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons,
or taxable entities within the Municipality, or their representatives or agents, who may be
liable or responsible for any property taxes assessed by the Municipality pursuant to any
applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or agencies
of State government including specifically, but not limited to, the State Tax Commission, the
State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED
"Equalization Division Assistance Services" or "Services", to be performed by County for the
Municipality as those terms are defined in this Contract, shall only include and shall be limited
to the following activities:
2.1.1 The County will assist the Municipality's Assessor through the 2005 and 2006 tax
years in maintaining files by reviewing current open building permits for the
residential, commercial and industrial classification and submitting them to the
Assessor for final review.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the performance of that
Municipality's official functions, obligations, and Municipality's legal responsibilities for
property tax appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County for the
Municipality under this Contract shall be performed solely and exclusively by the County's
"Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in
such numbers and based on such appropriate qualifications and other factors as
decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job descriptions
and job specifications and shall in all circumstances control, supervise, train or direct
all Equalization Division Personnel in the performance of any and all Services under
this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant
that, at all times and for all purposes relevant to this Contract, the County shall
remain the sole and exclusive employer of all County Agents and Equalization
Division Personnel and that the County shall remain solely and completely liable for
any and all County Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses,
mileage allowances, training expenses, transportation costs, and/or other allowances
or reimbursements of any kind, including, but not limited to, 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
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assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment relationship
between the County and any County Agent or Equalization Division Personnel and/or
the conduct and actions of any County Agent or any Equalization Division Personnel.
To illustrate, but not otherwise limit, this Contract does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, discharge any Equalization
Division Personnel and/or pay any and all Equalization Division
Personnel's wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions
of employment and make any and all employment decisions that affect, in
any way, the employment of any Equalization Division Personnel with the
County, subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, ethical guidelines, and/or any other
judgment, policy or directive which, in any way, governs or controls any
activity of any County Agent or Equalization Division Personnel, any
necessary County Agent or Equalization Division Personnel's training
standards or proficiency(ies), any level or amount of required supervision,
any and all standards of performance, any sequence or manner of
performance, and any level(s) of experience, training, or education
required for any Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed, utilized,
or perform any other services, of any kind, directly or indirectly, in any manner or
capacity, or otherwise be available to perform any other work or assignments by or
for the Municipality during the term of this Contract. This section shall not prohibit the
Municipality from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law,
the Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be
deemed, considered or claimed to be an employee of the Municipality and/or a
Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct any
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
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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, 2006,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any
and all costs, legal obligations, and/or civil liabilities associated with or in any way related to
any Municipality tax appraisal or assessment functions or any other Municipality legal
obligation. The Municipality agrees that under no circumstances shall the County be
responsible for any costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality
duty or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with
all federal, State, and local laws, ordinances, regulations, and agency requirements in any
manner affecting any work or performance of this Contract or with any Municipality duty or
obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability,
capacity, immunity, authority or character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either Party,
either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed
to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights
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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 2004 - 2005 and 2005 - 2006, the sum of $x.xx
each year for each real property description (file maintenance) rendered during the life of this
Contract. Payment for the contract year 2004 - 2005 is payable on or before July 1, 2005 and
payment for the contract year 2005 - 2006 is payable on or before July 1, 2006.
If during the term of this Contract, there are additional services requested of the County, the Parties shall
negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to be
billed at the applicable Equalization Division personnel’s overtime rate and charged to the
Municipality over and above any other fees described in this Contract, with the following
exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland
County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan
official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is
authorized to withhold any funds due the MUNICIPALITY from the State, and assign those
funds to partially or completely offset any deficiency by the MUNICIPALITY to the County.
Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any
claims against the State or County, or their respective officials, for any such amounts paid to
the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to
set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund
(“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the
County, to partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment by the
MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the
County, or its officials, for any such amounts paid to the County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for
any reason to timely pay the County the 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
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provided under this Contract will withstand any challenge before the State Tax Tribunal or
any court or review body, or any other such performance-based outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet any
Municipality obligation under any applicable State Property Tax Laws, or any other economic
benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful
termination, default and/or cancellation of this Contract, or damages beyond or in excess of
the amount(s) of any amount paid to, received or retained by the County at the time of the
alleged breach or default in connection with or under the terms of this Contract, whether such
alleged breach or default is alleged in an action in contract or tort and/or whether or not the
Municipality has been advised of the possibility of such damages. This provision and this
Contract is intended by the Parties to allocate the risks between the Parties, and the Parties
agree that the allocation of each Party's efforts, costs, and obligations under this Contract
reflect this allocation of each Party's risk and the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness fees,
court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or
any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or
asserted against the Municipality or any Municipality Agent by any third person, including but
not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or
Services to be carried out by any County Agent in the performance of this Contract, the
Municipality hereby agrees that it shall have no rights pursuant to or under this Contract
against the County and/or any County Agents to or for any indemnification (i.e., contractually,
legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed
by the County and/or any of County Agents based upon any and all legal theories or alleged
rights of any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability, penalties,
litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or
asserted against 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
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reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract),
constitutional, common law employment right, and/or civil rights by the Municipality. The
Municipality agrees to indemnify and hold harmless the County from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County or any County
Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or
are in any way related to any Municipality Agent's wages, compensation, benefits, or other
employment-related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County Agent.
This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon
any Municipality Agents or any other individual any status, privilege, right, or benefit of
County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which
is governed by the Truth in Taxation Act as well as any property which is being considered for
an exemption under the Industrial Facility Tax Act. The County shall be informed of these
proposed changes prior to approval by the governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail
of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property statements
and any and all other documents affecting the status or value of property located
within the Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality to
the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and
they shall be paid on a time and material basis. Such rate shall be based upon the wages
plus benefits of the person or persons performing said tasks.
§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
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that any specific number(s) or classification of County Agents will be present on any given day to
provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County and/or any
County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and
hold the County and/or any County Agent harmless from and against any and all Claim(s) which are
imposed upon, incurred by, or asserted against the County and/or any County Agent by any
Municipality Agent under any circumstances or by any person which are based upon, result from, or
arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s)
or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a)
any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent;
(b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality
duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any
Municipality or Municipality Agent's services, buildings, equipment, or any other event, occurrence,
duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly
surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to,
any and all indemnification and hold harmless promises, waivers of liability, record-keeping
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions
that occurred before the cancellation or completion of this Contract, shall survive the
cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of XYZ. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the City Council of XYZ and shall also be filed with the office
of the Clerk of the County and the Clerk for the City of XYZ.
§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
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382
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or
be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of thirteen (13) pages, sets forth the entire
agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, John Q. Smith, Mayor of the City of XYZ, hereby acknowledges that he has
been authorized by a resolution of the City Council of XYZ, 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: __________________
Mayor, City of XYZ
WITNESSED: ___________________________ DATE: __________________
Clerk, City of XYZ
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: _____________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ____________________________ DATE: __________________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF XYZ (personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF XYZ, (hereafter, this "Contract") is made and entered into between the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF XYZ, a Michigan
Constitutional and Municipal Corporation whose address is 123 Main Street. XYZ, Michigan _____-____
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383
(hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be
referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of
the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the terms
and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or plural,
possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and
interpreted as follows:
1.1 "County Agent" or "County Agents" shall be defined as any and all Oakland County elected
officials, appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers, departments,
divisions, volunteers, agents, representatives, and/or any such persons' successors or
predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted
in their personal representative or official capacities), and/or any persons acting by, through,
under, or in concert with any of them, excluding the Municipality and/or any Municipality
Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any
person who was a County Agent anytime during the term of this Contract but, for any reason,
is no longer employed, appointed, or elected and serving as a County Agent.
1.2 “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above, and
shall be further defined as any and all County Agents specifically employed and assigned by
the County to work in the Equalization Division of the County’s Department of Management
and Budget as shown in the current County budget and/or personnel records of the County.
For any and all purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but any reference in this contract
to Equalization Division Personnel shall not include any County Agent employed by the
County in any other function, capacity or organizational unit of the County other than the
Equalization Division of the Department of Management and Budget.
1.3 "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members, council
members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
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384
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any and
all persons acting by, through, under, or in concert with any of them, except that no County
Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be
deemed a County Agent. "Municipality Agent" shall also include any person who was a
Municipality Agent at any time during this Contract but for any reason is no longer employed,
appointed, or elected in that capacity.
1.4 "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands
for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation costs and expenses, including, but not limited to, any reimbursement for
reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the County and/or
any County Agent, as defined herein, or any Claim(s) for which the County and/or any County
Agent may become legally and/or contractually obligated to pay or defend against, or any
other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether
based upon any alleged violation of the constitution (federal or State), any statute, rule,
regulation or the common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any duty by the
County and/or any County Agent to any third-person, the Municipality, including any
Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or
are based on or result in any way from the County’s and/or any County Agent’s participation
in this Contract.
1.5 “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons,
or taxable entities within the Municipality, or their representatives or agents, who may be
liable or responsible for any property taxes assessed by the Municipality pursuant to any
applicable State Property Tax Laws.
1.6 "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or agencies
of State government including specifically, but not limited to, the State Tax Commission, the
State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and
complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1 “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED
"Equalization Division Assistance Services" or "Services", to be performed by County for the
Municipality as those terms are defined in this Contract, shall only include and shall be limited
to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property through the
2005 and 2006 tax years as required by laws of the State of Michigan. The County
agrees to make assessments of personal property within the Municipality pursuant to
MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal property, process
all personal property description changes, and will audit where necessary to insure
and establish accurate appraisals on all taxable personal property. The Equalization
Division personnel will review all statements and extensions, make valuation
recommendations to the assessor in the absence of a prepared personal property
statement and load all values on the computer for the assessment roll. All Board of
Review changes will be processed on the personal property section of the assessment
roll and balanced to insure there are no omissions. The Equalization Division
personnel will be available for consultation on all Michigan Tax Tribunal appeals for
personal property and will assist the Assessor in the preparation of both oral and
written defense of appeals as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding appeals
of special assessments to the Michigan Tax Tribunal or any other Court or Tribunal.
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385
2.2 PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this Contract
shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the performance of that
Municipality's official functions, obligations, and Municipality's legal responsibilities for
property tax appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3 MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County for the
Municipality under this Contract shall be performed solely and exclusively by the County's
"Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in
such numbers and based on such appropriate qualifications and other factors as
decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job descriptions
and job specifications and shall in all circumstances control, supervise, train or direct
all Equalization Division Personnel in the performance of any and all Services under
this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that,
at all times and for all purposes relevant to this Contract, the County shall remain the
sole and exclusive employer of all County Agents and Equalization Division Personnel
and that the County shall remain solely and completely liable for any and all County
Agents' past, present, or future wages, compensation, overtime wages, expenses,
fringe benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or reimbursements of
any kind, including, but not limited to, workers' disability compensation benefits,
unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner,
form, or at any time, any right, privilege, benefit, or any other term or condition of
employment, of any kind or nature whatsoever, in, upon, or for any County Agent or
Equalization Division Personnel with the County, any applicable County employment
and/or union contract, and/or any County rule(s), regulation(s), hours of work, shift
assignment, order(s), policy(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
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386
standards or proficiency(ies), any level or amount of required supervision,
any and all standards of performance, any sequence or manner of
performance, and any level(s) of experience, training, or education
required for any Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed, utilized,
or perform any other services, of any kind, directly or indirectly, in any manner or
capacity, or otherwise be available to perform any other work or assignments by or
for the Municipality during the term of this Contract. This section shall not prohibit the
Municipality from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law,
the Parties agree and warrant that neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise, shall be
deemed, considered or claimed to be an employee of the Municipality and/or a
Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications, or
job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4 LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services" or assistance to the Municipality or
assume any additional responsibility for assisting the Municipality in any other way or manner
with any Municipality obligations under any and all State Property Tax Laws, including, but
not limited to, providing any attorney or legal representation to the Municipality or any
Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other
adjudicative body or court, except as expressly provided for in this Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any
way related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation under any applicable State Property Tax Laws. The
Municipality shall employ and retain its own Municipality legal representation, as
necessary, to defend any such claim or challenge before the State Tax Tribunal or
any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon
licensed Equalization Division Personnel (i.e., State Licensed and Certified Real
and/or Personal Property Tax Assessors) to defend property tax appraisals and
assessments that they either performed, or were otherwise performed under their
supervision, before the Michigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall be authorized, required and/or
otherwise obligated under this Contract or pursuant to any other agreement between
the Parties to provide any legal representation to or for the Municipality and/or
otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality
before the Michigan Tax Tribunal or any other review body or court.
§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, 2006, 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
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387
to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division
Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or
liability associated with any governmental function delegated and/or entrusted to the Municipality
under any applicable State Property Tax Laws.
4.1 The Municipality shall, at all times and under all circumstances, remain solely liable for any
and all costs, legal obligations, and/or civil liabilities associated with or in any way related to
any Municipality tax appraisal or assessment functions or any other Municipality legal
obligation. The Municipality agrees that under no circumstances shall the County be
responsible for any costs, obligations, and/or civil liabilities associated with its Municipality
function or any responsibility under any State Property Tax Law.
4.2 The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3 The Parties agree that the Municipality shall at all times remain responsible for the ultimate
completion of any and all Municipality duties or obligations under any and all applicable State
Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality
duty or obligation under any applicable State Property Tax Law.
4.4 The Municipality and Municipality Agents shall be and remain responsible for compliance with
all federal, State, and local laws, ordinances, regulations, and agency requirements in any
manner affecting any work or performance of this Contract or with any Municipality duty or
obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1 The Parties further agree, notwithstanding any other term or condition in this Contract, that no
provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either Party,
either for that Party and/or any of that Party's County or Municipal Agents.
5.2 Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed
to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights
and obligations to review and/or further equalize Municipality property values or tax
assessments and/or further act upon any Municipality assessment(s) of property taxes under
any applicable State Property Tax Laws, including, but not limited to challenging any
Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County: For the contract years 2004 - 2005 and 2005 - 2006, the
sum of $x.xx each year for each personal property description rendered during the life of this
Contract. Payment for the contract year 2004 - 2005 is payable on or before July 1, 2005 and
payment for the contract year 2005 - 2006 is payable on or before July 1, 2006.
If during the term of this Contract, there are additional services requested of the County, the
Parties shall negotiate additional fees to be paid by the Municipality.
6.1 All time incurred for Board of Review dates beyond the regular County working hours to be
billed at the applicable Equalization Division personnel’s overtime rate and charged to the
Municipality over and above any other fees described in this Contract, with the following
exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2 The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
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388
6.3 Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland
County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan
official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is
authorized to withhold any funds due the MUNICIPALITY from the State, and assign those
funds to partially or completely offset any deficiency by the MUNICIPALITY to the County.
Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any
claims against the State or County, or their respective officials, for any such amounts paid to
the County.
6.4 Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to
set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund
(“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the
County, to partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment by the
MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the
County, or its officials, for any such amounts paid to the County.
6.5 Notwithstanding any other term or condition in this Contract, should the Municipality fail for
any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice
to the Municipality, without any penalty or liability whatsoever, any County services or
performance obligations under this Contract.
6.6 None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the
County under this Agreement. The remedies in this paragraph are available to the County on
an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its
payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1 The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any
Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary benefit
or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific
reduction or increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax Tribunal or
any court or review body, or any other such performance-based outcome.
7.2 In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or any
County Agent shall not be liable to the Municipality for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet any
Municipality obligation under any applicable State Property Tax Laws, or any other economic
benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful
termination, default and/or cancellation of this Contract, or damages beyond or in excess of
the amount(s) of any amount paid to, received or retained by the 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,
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389
including, but not limited to, any reimbursement for reasonable attorney fees, witness fees,
court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or
any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or
asserted against the Municipality or any Municipality Agent by any third person, including but
not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or
Services to be carried out by any County Agent in the performance of this Contract, the
Municipality hereby agrees that it shall have no rights pursuant to or under this Contract
against the County and/or any County Agents to or for any indemnification (i.e., contractually,
legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed
by the County and/or any of County Agents based upon any and all legal theories or alleged
rights of any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability, penalties,
litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or
asserted against the Municipality and which are alleged to have arisen under or are in any
way based or predicated upon this Contract.
7.4 If the Municipality requests and the County agrees, the County may prepare the actual tax
statement for mailing by the Municipality to Municipality residents. In preparing any such tax
statement the County shall rely upon certain data provided by the Municipality beyond the
data gathered by the County under this contract, including, but not limited to, the applicable
millage rate. The parties agree that under no circumstances shall the County be held liable
to the Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1 Municipality Agents shall be employed and assigned based on appropriate qualifications and
other factors as decided by the Municipality. The Municipality agrees that it shall be solely
responsible for furnishing all Municipality Agents with all job instructions, job descriptions and
job specifications and shall solely control, direct, and supervise all Municipality Agents and
shall be solely responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2 The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor contract),
constitutional, common law employment right, and/or civil rights by the Municipality. The
Municipality agrees to indemnify and hold harmless the County from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County or any County
Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or
are in any way related to any Municipality Agent's wages, compensation, benefits, or other
employment-related or based rights, including, but not limited to, those described in this
section.
8.3 The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County Agent.
This Contract does not grant or confer, and shall not be interpreted to grant or 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
Commissioners Minutes Continued. July 15, 2009
390
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5 The Municipality agrees to inform the County agents regarding any increase in taxation which
is governed by the Truth in Taxation Act as well as any property which is being considered for
an exemption under the Industrial Facility Tax Act. The County shall be informed of these
proposed changes prior to approval by the governing body of the municipality.
8.6 The Municipality will be responsible for Special Assessment billings, maintaining a paper trail
of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7 The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the
County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property statements
and any and all other documents affecting the status or value of property located
within the Municipality to the County’s Equalization Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the Municipality
to the County’s Equalization Division.
8.8 In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and
they shall be paid on a time and material basis. Such rate shall be based upon the wages
plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in 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.
Commissioners Minutes Continued. July 15, 2009
391
12.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or
County obligations under this Contract, except those rights and obligations expressly
surviving cancellation as provided for in this Contract, shall end.
12.2 The Municipality agrees that any and all Municipality obligations, including, but not limited to,
any and all indemnification and hold harmless promises, waivers of liability, record-keeping
requirements, any Municipality payment obligations to the County, and/or any other related
obligations provided for in this Contract with regard to any acts, occurrences, events,
transactions, or Claim(s) either occurring or having their basis in any events or transactions
that occurred before the cancellation or completion of this Contract, shall survive the
cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of XYZ. The approval and terms of this Contract, and/or any possible subsequent
amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the City Council of XYZ and shall also be filed with the office
of the Clerk of the County and the Clerk for the City of XYZ.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1 The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and no
other act, verbal representation, document, usage or custom shall be deemed to amend or
modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or
requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of thirteen (13) 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
Commissioners Minutes Continued. July 15, 2009
392
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, John Q. Smith, Mayor of the City of XYZ, hereby acknowledges that he has
been authorized by a resolution of the City Council of XYZ, 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: __________________
Mayor, City of XYZ
WITNESSED: ______________________________ DATE: __________________
Clerk, City of XYZ
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 404.)
*MISCELLANEOUS RESOLUTION #09136
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE
RESOURCE MANAGEMENT – MICHIGAN GREEN SCHOOLS PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Board of Commissioners’ MR #07142 of June 14, 2007 designated Oakland
County Waste Resource Management to manage the Michigan Green Schools Program for Oakland
County; and
WHEREAS the Michigan Green Schools Act (PA 146 of 2006) states that a county board of
commissioners will designate either a county department or the county’s Intermediate School District to
manage the program; and
WHEREAS Oakland County Waste Resource Management has managed the quickly growing and very
successful Michigan Green Schools Program in Oakland County for the past two years; and
WHEREAS during that time Oakland Schools has become a great partner in facilitating the program; and
WHEREAS most other counties in the state which are participating in the program utilize the intermediate
school district as the manager of the program, and often the county plays a secondary role in the
facilitation; and
WHEREAS Oakland Schools has expressed interest in becoming the manager of the Michigan Green
Schools Program in Oakland County; and
WHEREAS Oakland County Waste Resource Management believes that the program would be more
appropriately placed at Oakland Schools, but wishes to remain a secondary partner with them.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates
Oakland Schools to be the manager of the Michigan Green Schools Program for Oakland County, with
Oakland County Waste Resource Management acting in a secondary role in the management of the
program.
Commissioners Minutes Continued. July 15, 2009
393
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 404.)
*REPORT (MISC. #09137)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A
FORMER COUNTY EMPLOYEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on July 8, 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 #09137
BY: Public Services, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A
FORMER COUNTY EMPLOYEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of
professional services contracts with former county employees and established criteria for such
arrangements in resolution #93300 to ensure the appropriate review and approval of such professional
services contractual arrangements; and
WHEREAS the Circuit Court’s Psychological Clinic is in the process of being re-structured as part of the
Court’s FY 2010 budget cuts; and
WHEREAS the Circuit Court’s Psychological Clinic will continue to have a need to perform various
functions and services for the court which will now be performed on a contractual basis; and
WHEREAS two of these services include, 1) coordinating and conducting court-mandated adolescent
anger reduction treatment groups for youth, and 2) coordinating and conducting joint parenting groups for
high-conflict, post divorce couples; and
WHEREAS it has been determined by the Circuit Court that an effective way to manage these groups is
through the use of Professional Service contracts with a local expert in the field; and
WHEREAS the Court, in conjunction with the County’s Purchasing Department, recently conducted a
Request for Proposal to solicit proposals to perform these services; and
WHEREAS James Windell was the Psychologist selected to perform these services; and
WHEREAS James Windell was a Court Clinical Psychologist for the Circuit Court’s Psychological Clinic
for approximately twenty (20) years as an employee; and
WHEREAS the Circuit Court Family Division (Clinical Services Unit) is requesting a contract with James
Windell from July 17, 2009 through July 16, 2010; and
WHEREAS the cost for these two contracts are not to exceed $21,900 (High-Conflict Divorce Groups)
and $30,600 (Adolescent Anger Reduction Groups) over the life of each contract and funding is included
in the Circuit Court’s Professional Services line item; and
WHEREAS this contract is contingent upon final approval by Human Resources and Finance Committees
because it involves a former County employee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
professional services contract between the County and psychologist James Windell.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. July 15, 2009
394
Copy of Oakland County Department of Management and Budget – Purchasing Division (HIPAA)
Professional Services Contract Number 002544 and Contract Number 002543 on file in County Clerk’s
office.
FISCAL NOTE (MISC. #09137)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A
FORMER COUNTY EMPLOYEE
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. Resolution authorizes the entering into Professional Services Contract number 2544 with a
former Oakland County employee (James Windell) to coordinate and conduct court-mandated
adolescent anger reduction treatment group for youth within the Circuit Court-Family Division’s
Psychological Clinic.
2. Resolution authorizes the entering into Professional Services Contract number 2543 with the
same former Oakland County employee (James Windell) to coordinate and conduct joint
parenting groups for high conflict, post divorce couples within the Circuit Court-Family Division’s
Psychological Clinic.
3. Professional Services Contract 2544 beings July 17, 2009 and expires July 16, 2010, with a not
to exceed amount of $21,900.
4. Professional Services Contract 2543 begins July 17, 2009 and expires July 16, 2010, with a not
to exceed amount of $30,600.
5. Funding for this action is available in the Circuit Court Family Divisions Professional Services line
item account.
6. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 404.)
*MISCELLANEOUS RESOLUTION #09138
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN
DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY
CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan offers funding to local communities under PA 511; and
WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing
alternatives; and
WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and
WHEREAS the application has been completed and is requesting funding in the amount of $3,806,197 for
plans and services and probation residential services; and
WHEREAS the grant application seeks full-time funding for positions 7425, 7426, 7428, 7429, 7432,
7433, 9243, 9247, 9291, 9295, 9648, 9649; .5 of full-time positions 7834 & 9396; and PTNE position 9292
within the Community Corrections Division; and
WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421, and PTNE
funding for positions 7417 & 9397 within the Sheriff’s Department; and
WHEREAS any programs created through these funds become part of the County’s Comprehensive
Community Corrections Plan; and
WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County
shall approve the proposed comprehensive plan prepared by their advisory board.”
NOW THEREFORE BE IT RESOLVED that the application to request $3,806,197 from the State Office of
Community Corrections for the purpose of continuing programs contained within the Office of Community
Corrections FY 10 grant application for offenders who meet PA 511 eligibility is hereby approved.
Commissioners Minutes Continued. July 15, 2009
395
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed
comprehensive plan prepared by the Community Corrections Advisory Board.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Community Corrections, Comprehensive Community Corrections Plan
and Application Fiscal Year 2010, Intergovernmental Agreement and License for Use of C Star Software
between Oakland County and 46th District Court, 50th District Court and 52-3 District Court, Grant
Review Sign Off – Sheriff’s Office and Auto Theft Prevention Authority Grant Application 2010 on file in
County Clerk’s office.
FISCAL NOTE #09138
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - MICHIGAN
DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY
CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2010
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 date of notification was April 1, 2009. The application was due June 1, 2009. The application
is 103% greater than the current award. See the attached Schedule A.
2. This is the sixteenth (16) year of the grant application with Michigan Department of Corrections,
Office of Community Corrections.
3. The grant period is October 1, 2009 through September 30, 2010.
4. The application requests State funding in the amount of $3,806,197 and no required County
match as detailed in the attached Schedule A.
5. Application seeks full-time funding for positions 7425, 7426, 7428, 7429, 7432, 7433, 9243, 9247,
9291, 9295, 9648, 9649; .5 of full time positions 7834 and 9396; and PTNE position 9292 within
the Community Corrections Division.
6. The application also seeks full-time funding for positions 7419, 7420, 7418, 7421, and PTNE
funding for positions 7417 and 9397 within the Sheriff’s Department.
7. PA511 of 1988 requires that the “County Board or Boards of Commissioners of the County
approve the proposed comprehensive plan prepared by their advisory Board.”
FINANCE COMMITTEE
(The vote for this motion appears on page 404.)
*MISCELLANEOUS RESOLUTION #09139
BY: Public Services Committees, Jeff Potter, Chairperson
IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND USE
INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE – SOUTHFIELD 46TH,
PONTIAC 50TH AND ROCHESTER HILLS 52-3 DISTRICT COURTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Community Correction Division in conjunction with the Department of Information
Technology have created a database called C*Star; and
WHEREAS C*Star was created to track information on offenders who enter programs operated or paid for
by the Community Corrections Division; and
WHEREAS this information may include, but is not limited to, program enrollment, participation,
client/offender progress, demographics, and criminal history; and
WHEREAS some of this information is considered confidential and restricted by law; and
WHEREAS this information may be useful to other criminal justice agencies, such as the Michigan
Department of Corrections, Field Operations and District Court Probation in the creation of sentencing
recommendations and/or in determining compliance with conditions of probation; and
Commissioners Minutes Continued. July 15, 2009
396
WHEREAS other criminal justice agencies would be able to access this database through the Oak
Source portal; and
WHEREAS the sharing of this information with other agencies requires a policy as to the access, use,
and distribution of this information; and
WHEREAS Community Corrections and Information Technology, with the assistance of Corporation
Counsel, have developed a License and Use Intergovernmental Agreement and;
WHEREAS the Southfield 46th, Pontiac 50th and Rochester Hills 52-3 District Courts have requested
access to the information contained in C*Star; and
WHEREAS the sharing of information that is useful to criminal justice agencies increases the public safety
and improves the effectiveness of criminal justice programs; and
WHEREAS the citizens of Oakland County will benefit from this collaboration; and
WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into
written agreements with other governmental entities to perform services jointly or to share resources.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached
intergovernmental agreement authorizing the use of the C*Star software and data by the Southfield 46th,
Pontiac 50th and Rochester Hills 52-3 District Courts.
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.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Intergovernmental Agreement and License For Use of C Star Software Between the County of Oakland
and 46th District Court
This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional
and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 46th
District Court, with offices at 26000 Evergreen, Southfield, Michigan 48037. In this Agreement, the County
and the 46th District Court may be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations and assurances in this Contract, the
Parties agree as follows:
§1. Purpose of Agreement
1.1 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the
County and the 46th District Court enter into this Agreement for the purpose of making
data owned and maintained by the County, on or in relation to its C Star Software
System, available to the 46th District Court, for the purposes and uses set forth in this
Agreement.
§2. Definitions
2.1 "Oakland County" and "the 46th District Court" shall be defined to include any and all
departments, divisions, commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, officers, committees,
employees, agents, subcontractors, volunteers and/or any such persons' successors.
2.2 "C Star Software (C Star)" means the comprehensive electronic information management
system software and operating system, developed, owned and maintained by the County,
and managed by the Department of Community Corrections, with the assistance of the
Department of Information Technology. C Star was developed to create an electronic
source of information about those accused of and/or convicted of a crime and under the
jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District
Court located in Oakland County. C Star makes data on criminal defendants immediately
available to Community Corrections and any other authorized users, solely for the
performance of their statutorily prescribed or otherwise authorized duties.
2.3 “C Star Data (Data)" means any input to or output from C Star.
2.4 “LEIN” means the Law Enforcement Information Network of the State of Michigan, under
the control and management of the Michigan Department of State Police, whose
existence, operation and use rights are statutorily controlled.
§3. Terms
3.1 License and Use of C Star. The County is the owner of C-Star and host and steward of
Commissioners Minutes Continued. July 15, 2009
397
the Data maintained there. The County has authority to grant a license for use of C Star
and to permit access to the Data contained therein, subject to the provisions set forth in
this Agreement. The County retains all decision-making authority regarding data
inclusion, data access, and use, except as otherwise required by statute, court rule, court
order or case law. The 46th District Court specifically disclaims any ownership rights in
or to C Star or its Data.
3.2 The County grants the 46th District Court a read only license to use C Star software to
access and use C Star Data, solely to carry out 46th District Court’s official functions and
legal duties. This license prohibits the 46th District Court from adding Data to C Star,
modifying C-Star Data in any way or providing access to C-Star or its Data for any
purpose other than for its official criminal justice duties.
3.3 Duration. This Agreement and any subsequent Amendments shall be effective for two
years from the date of execution by the Oakland County Board of Commissioners.
3.4 This Agreement prohibits the copying, downloading, or any combination or recombination
of Data with data from any other source.
3.5 The 46th District Court shall not sell, distribute or disseminate Data to other governmental
or private entities. The 46th District Court shall refer any entities requesting access to C
Star or its Data to the County.
3.6 The 46th District Court shall not copy, duplicate, or reverse engineer C Star.
3.7 Upon execution of this Agreement, the 46th District Court will provide Community
Corrections with the name, job title, and an executed acceptable use policy statement for
each person who will access C Star and its Data, in writing. The 46th District Court is
responsible for updating this information annually for all employees who have continuing
access to C Star. If the 46th District Court wishes to grant additional employees access,
the 46th District Court shall promptly provide the required information about the person(s)
to the County, in writing.
3.8 The 46th District Court’s employees and agents, if found to be using C Star or its Data for
inappropriate purposes, will be disciplined for any such violation according to the 46th
District Court’s policy used if a similar violation occurred using any other systems,
whether automated and manual.
3.9 The County retains the right to monitor use of C Star and its Data remotely through the
Department of Information Technology and through site visits.
3.10 The 46th District Court specifically agrees that C Star and its Data shall be used only for
criminal justice purposes and information will be accessed and used only to the extent
and only for the purposes that the 46th District Court is authorized to access and use
such Data pursuant to statute, court rule, court order, case law, or administrative rule,
including, but not limited to, any applicable LEIN rules.
3.11 The 46th District Court shall enforce the terms and conditions in C Star’s Sign-On Notice
and Warning and its own “Acceptable Use Policies.”
3.12 The 46th District Court shall require any and all of its consultants, contractors and/or
subcontractors who require access to C Star and its Data to execute a written agreement
by which the consultants, contractors and/or subcontractors agree:
3.12.1. To be bound by the terms and conditions of this Agreement;
3.12.2. To refrain from using C Star and its Data for any purpose except those
authorized by the 46th District Court in relation to the performance of its official
duties.
3.13 Fees. There are no fees for access to and use of C-Star pursuant to the terms and
conditions of this Agreement. However, the 46th District Court assumes all responsibility,
including any costs of or for providing and maintaining any infrastructure, connectivity,
hardware or equipment necessary for the 46th District Court to access C Star and its
Data.
3.14 Termination. Either Party may terminate this Agreement on seven (7) days written notice
for any reason including failure by the 46th District Court to provide adequate security to
protect C Star and its Data from unauthorized access or use by any unauthorized
individual or Third Party or other failure to comply with the terms and conditions of this
Agreement or any requirement established by statute, court rule, court order,
Commissioners Minutes Continued. July 15, 2009
398
administrative order, or case law.
3.14.1. Upon termination or expiration of this Agreement, the 46th District Court shall
stop using C-Star for any reason. If any C-Star Data exists in or on any of the
46th District Court computers, storage devices, data bases, the 46th District
Court shall delete all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement, County will remove any
usernames and passwords assigned to the 46th District Court.
3.14.3. Provisions regarding the use and/or retention of C Star and Data shall survive
termination and/or expiration of this Agreement and applies to copies of C Star
and Data located at or identified as in the possession of the 46th District Court
and/or its consultants, contractors or subcontractors after the date of termination
and/or expiration.
3.15 No Employee-Employer Relationship. Nothing in this Agreement shall be construed as
creating an employer-employee relationship between the County (including any of its
employees) and the 46th District Court (including any of its employees.)
3.16 No Indemnification. Each Party shall be responsible for the acts and/or omissions of its
agents and/or employees. Nothing in this Agreement shall be construed as creating an
obligation to indemnify or defend the other for any claim, damage or liability arising out of
or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this
Agreement shall be construed as a waiver of governmental immunity.
3.17 No Warranties. C Star is provided as is, without warranty of any sort. The county does
not represent that C Star will be error free, or operate according to any standards of
specifications of the 46th District Court. C Star was created for the benefit of the county
and maintenance, updates, upgrades or enhancements shall be solely at the county’s
discretion and undertaken solely for the benefit of the county. The 46th District Court
acknowledges that any changes to the system to C Star that may benefit the county may
diminish C Star’s utility to the 46th District Court.
3.18 The 46th District Court shall assume all responsibility for any costs associated with any
upgrades to its own infrastructure, hardware, connectivity or other operating software that
may be needed in the future in order to continue using C-Star.
3.19 No Warranty of Data Accuracy. While the county makes every effort to include only
accurate and current data in C Star, the county specifically disclaims any intention or
ability to ensure that the data is error free. The county specifically disclaims that C Star
data can provide the same amount of information or serve the same functions as lein
data.
3.20 The 46th District Court acknowledges and agrees that C Star and its Data are provided
AS IS, without any warranty of any type whatsoever, including any warranty of
merchantability or for use for a particular purpose.
3.21 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.
3.22 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.
3.23 Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties.
3.24 Entire Agreement. This Agreement represents the entire Agreement between the Parties
and supersedes 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.
3.25 The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained here.
For the County of Oakland:
Commissioners Minutes Continued. July 15, 2009
399
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
For ___________________________:
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
Intergovernmental Agreement and License For Use of C Star Software Between the County of Oakland
and 50th District Court
This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional
and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 50th
District Court, with offices at 70 N. Saginaw Street, Pontiac, Michigan 48342. In this Agreement, the
County and the 50th District Court may be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations and assurances in this Contract, the
Parties agree as follows:
1. Purpose of Agreement
1.1 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the
County and the 50th District Court enter into this Agreement for the purpose of making
data owned and maintained by the County, on or in relation to its C Star Software
System, available to the 50th District Court, for the purposes and uses set forth in this
Agreement.
2. Definitions
2.1 "Oakland County" and "the 50th District Court" shall be defined to include any and all
departments, divisions, commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, officers, committees,
employees, agents, subcontractors, volunteers and/or any such persons' successors.
2.2 "C Star Software (C Star)" means the comprehensive electronic information management
system software and operating system, developed, owned and maintained by the County,
and managed by the Department of Community Corrections, with the assistance of the
Department of Information Technology. C Star was developed to create an electronic
source of information about those accused of and/or convicted of a crime and under the
jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District
Court located in Oakland County. C Star makes data on criminal defendants immediately
available to Community Corrections and any other authorized users, solely for the
performance of their statutorily prescribed or otherwise authorized duties.
2.3 “C Star Data (Data)" means any input to or output from C Star.
2.4 “LEIN” means the Law Enforcement Information Network of the State of Michigan, under
the control and management of the Michigan Department of State Police, whose
existence, operation and use rights are statutorily controlled.
3. Terms
3.1 License and Use of C Star. The County is the owner of C-Star and host and steward of
the Data maintained there. The County has authority to grant a license for use of C Star
and to permit access to the Data contained therein, subject to the provisions set forth in
this Agreement. The County retains all decision-making authority regarding data
inclusion, data access, and use, except as otherwise required by statute, court rule, court
order or case law. The 50th District Court specifically disclaims any ownership rights in
or to C Star or its Data.
3.2 The County grants the 50th District Court a read only license to use C Star software to
access and use C Star Data, solely to carry out 50th District Court’s official functions and
legal duties. This license prohibits the 50th District Court from adding Data to C Star,
modifying C-Star Data in any way or providing access to C-Star or its Data for any
purpose other than for its official criminal justice duties.
3.3 Duration. This Agreement and any subsequent Amendments shall be effective for two
years from the date of execution by the Oakland County Board of Commissioners.
3.4 This Agreement prohibits the copying, downloading, or any combination or recombination
of Data with data from any other source.
3.5 The 50th District Court shall not sell, distribute or disseminate Data to other governmental
Commissioners Minutes Continued. July 15, 2009
400
or private entities. The 50th District Court shall refer any entities requesting access to C
Star or its Data to the County.
3.6 The 50th District Court shall not copy, duplicate, or reverse engineer C Star.
3.7 Upon execution of this Agreement, the 50th District Court will provide Community
Corrections with the name, job title, and an executed acceptable use policy statement for
each person who will access C Star and its Data, in writing. The 50th District Court is
responsible for updating this information annually for all employees who have continuing
access to C Star. If the 50th District Court wishes to grant additional employees access,
the 50th District Court shall promptly provide the required information about the person(s)
to the County, in writing.
3.8 The 50th District Court’s employees and agents, if found to be using C Star or its Data for
inappropriate purposes, will be disciplined for any such violation according to the 50th
District Court’s policy used if a similar violation occurred using any other systems,
whether automated and manual.
3.9 The County retains the right to monitor use of C Star and its Data remotely through the
Department of Information Technology and through site visits.
3.10 The 50th District Court specifically agrees that C Star and its Data shall be used only for
criminal justice purposes and information will be accessed and used only to the extent
and only for the purposes that the 50th District Court is authorized to access and use
such Data pursuant to statute, court rule, court order, case law, or administrative rule,
including, but not limited to, any applicable LEIN rules.
3.11 The 50th District Court shall enforce the terms and conditions in C Star’s Sign-On Notice
and Warning and its own “Acceptable Use Policies.”
3.12 The 50th District Court shall require any and all of its consultants, contractors and/or
subcontractors who require access to C Star and its Data to execute a written agreement
by which the consultants, contractors and/or subcontractors agree:
3.12.1 To be bound by the terms and conditions of this Agreement;
3.12.2 To refrain from using C Star and its Data for any purpose except those
authorized by the 50th District Court in relation to the performance of its official
duties.
3.13 Fees. There are no fees for access to and use of C-Star pursuant to the terms and
conditions of this Agreement. However, the 50th District Court assumes all responsibility,
including any costs of or for providing and maintaining any infrastructure, connectivity,
hardware or equipment necessary for the 50th District Court to access C Star and its
Data.
3.14 Termination. Either Party may terminate this Agreement on seven (7) days written notice
for any reason including failure by the 50th District Court to provide adequate security to
protect C Star and its Data from unauthorized access or use by any unauthorized
individual or Third Party or other failure to comply with the terms and conditions of this
Agreement or any requirement established by statute, court rule, court order,
administrative order, or case law.
3.14.1 Upon termination or expiration of this Agreement, the 50th District Court shall
stop using C-Star for any reason. If any C-Star Data exists in or on any of the
50th District Court computers, storage devices, data bases, the 50th District
Court shall delete all C-Star Data.
3.14.2 Upon termination or expiration of this Agreement, County will remove any
usernames and passwords assigned to the 50th District Court.
3.14.3 Provisions regarding the use and/or retention of C Star and Data shall survive
termination and/or expiration of this Agreement and applies to copies of C Star
and Data located at or identified as in the possession of the 50th District Court
and/or its consultants, contractors or subcontractors after the date of termination
and/or expiration.
3.15 No Employee-Employer Relationship. Nothing in this Agreement shall be construed as
creating an employer-employee relationship between the County (including any of its
employees) and the 50th District Court (including any of its employees.)
3.16 No Indemnification. Each Party shall be responsible for the acts and/or omissions of its
Commissioners Minutes Continued. July 15, 2009
401
agents and/or employees. Nothing in this Agreement shall be construed as creating an
obligation to indemnify or defend the other for any claim, damage or liability arising out of
or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this
Agreement shall be construed as a waiver of governmental immunity.
3.17 No Warranties. C Star is provided as is, without warranty of any sort. The County does
not represent that C Star will be error free, or operate according to any standards of
specifications of the 50th District Court. C Star was created for the benefit of the County
and maintenance, updates, upgrades or enhancements shall be solely at the County’s
discretion and undertaken solely for the benefit of the County. The 50th District Court
acknowledges that any changes to the system to C Star that may benefit the County may
diminish C Star’s utility to the 50th District Court.
3.18 The 50th District Court shall assume all responsibility for any costs associated with any
upgrades to its own infrastructure, hardware, connectivity or other operating software that
may be needed in the future in order to continue using C-Star.
3.19 No Warranty of Data Accuracy. While the County makes every effort to include only
accurate and current data in C Star, the County specifically disclaims any intention or
ability to ensure that the data is error free. The County specifically disclaims that C Star
data can provide the same amount of information or serve the same functions as LEIN
data.
3.20 The 50th District Court acknowledges and agrees that C Star and its Data are provided
AS IS, without any warranty of any type whatsoever, including any warranty of
merchantability or for use for a particular purpose.
3.21 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.
3.22 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.
3.23 Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties.
3.24 Entire Agreement. This Agreement represents the entire Agreement between the Parties
and supersedes 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.
3.25 The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained here.
For the County of Oakland:
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
For ___________________________:
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
Intergovernmental Agreement and License for Use of C Star Software Between the County of Oakland
and 52-3 District Court
This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional
and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 52-3
District Court, with offices at 700 Barclay Circle, Rochester, Michigan 48307. In this Agreement, the
County and the 52-3 District Court may be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations and assurances in this Contract, the
Parties agree as follows:
1. Purpose of Agreement
1.1 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the
Commissioners Minutes Continued. July 15, 2009
402
County and the 52-3 District Court enter into this Agreement for the purpose of making
data owned and maintained by the County, on or in relation to its C Star Software
System, available to the 52-3 District Court, for the purposes and uses set forth in this
Agreement.
2. Definitions
2.1 "Oakland County" and "the 52-3 District Court" shall be defined to include any and all
departments, divisions, commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, officers, committees,
employees, agents, subcontractors, volunteers and/or any such persons' successors.
2.2 "C Star Software (C Star)" means the comprehensive electronic information management
system software and operating system, developed, owned and maintained by the County,
and managed by the Department of Community Corrections, with the assistance of the
Department of Information Technology. C Star was developed to create an electronic
source of information about those accused of and/or convicted of a crime and under the
jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District
Court located in Oakland County. C Star makes data on criminal defendants immediately
available to Community Corrections and any other authorized users, solely for the
performance of their statutorily prescribed or otherwise authorized duties.
2.3 “C Star Data (Data)" means any input to or output from C Star.
2.4 “LEIN” means the Law Enforcement Information Network of the State of Michigan, under
the control and management of the Michigan Department of State Police, whose
existence, operation and use rights are statutorily controlled.
3. Terms
3.1 License and Use of C Star. The County is the owner of C-Star and host and steward of
the Data maintained there. The County has authority to grant a license for use of C Star
and to permit access to the Data contained therein, subject to the provisions set forth in
this Agreement. The County retains all decision-making authority regarding data
inclusion, data access, and use, except as otherwise required by statute, court rule, court
order or case law. The 52-3 District Court specifically disclaims any ownership rights in
or to C Star or its Data.
3.2 The County grants the 52-3 District Court a read only license to use C Star software to
access and use C Star Data, solely to carry out 50th District Court’s official functions and
legal duties. This license prohibits the 52-3 District Court from adding Data to C Star,
modifying C-Star Data in any way or providing access to C-Star or its Data for any
purpose other than for its official criminal justice duties.
3.3 Duration. This Agreement and any subsequent Amendments shall be effective for two
years from the date of execution by the Oakland County Board of Commissioners.
3.4 This Agreement prohibits the copying, downloading, or any combination or recombination
of Data with data from any other source.
3.5 The 52-3 District Court shall not sell, distribute or disseminate Data to other
governmental or private entities. The 52-3 District Court shall refer any entities
requesting access to C Star or its Data to the County.
3.6 The 52-3 District Court shall not copy, duplicate, or reverse engineer C Star.
3.7 Upon execution of this Agreement, the 52-3 District Court will provide Community
Corrections with the name, job title, and an executed acceptable use policy statement for
each person who will access C Star and its Data, in writing. The 52-3 District Court is
responsible for updating this information annually for all employees who have continuing
access to C Star. If the 52-3 District Court wishes to grant additional employees access,
the 52-3 District Court shall promptly provide the required information about the person(s)
to the County, in writing.
3.8 The 52-3 District Court’s employees and agents, if found to be using C Star or its Data for
inappropriate purposes, will be disciplined for any such violation according to the 52-3
District Court’s policy used if a similar violation occurred using any other systems,
whether automated and manual.
3.9 The County retains the right to monitor use of C Star and its Data remotely through the
Department of Information Technology and through site visits.
Commissioners Minutes Continued. July 15, 2009
403
3.10 The 52-3 District Court specifically agrees that C Star and its Data shall be used only for
criminal justice purposes and information will be accessed and used only to the extent
and only for the purposes that the 52-3 District Court is authorized to access and use
such Data pursuant to statute, court rule, court order, case law, or administrative rule,
including, but not limited to, any applicable LEIN rules.
3.11 The 52-3 District Court shall enforce the terms and conditions in C Star’s Sign-On Notice
and Warning and its own “Acceptable Use Policies.”
3.12 The 52-3 District Court shall require any and all of its consultants, contractors and/or
subcontractors who require access to C Star and its Data to execute a written agreement
by which the consultants, contractors and/or subcontractors agree:
3.12.1 To be bound by the terms and conditions of this Agreement;
3.12.2 To refrain from using C Star and its Data for any purpose except those
authorized by the 52-3 District Court in relation to the performance of its official
duties.
3.13 Fees. There are no fees for access to and use of C-Star pursuant to the terms and
conditions of this Agreement. However, the 52-3 District Court assumes all responsibility,
including any costs of or for providing and maintaining any infrastructure, connectivity,
hardware or equipment necessary for the 52-3 District Court to access C Star and its
Data.
3.14 Termination. Either Party may terminate this Agreement on seven (7) days written notice
for any reason including failure by the 52-3 District Court to provide adequate security to
protect C Star and its Data from unauthorized access or use by any unauthorized
individual or Third Party or other failure to comply with the terms and conditions of this
Agreement or any requirement established by statute, court rule, court order,
administrative order, or case law.
3.14.1 Upon termination or expiration of this Agreement, the 52-3 District Court shall
stop using C-Star for any reason. If any C-Star Data exists in or on any of the
52-3 District Court computers, storage devices, data bases, the 52-3 District
Court shall delete all C-Star Data.
3.14.2 Upon termination or expiration of this Agreement, County will remove any
usernames and passwords assigned to the 52-3 District Court.
3.14.3 Provisions regarding the use and/or retention of C Star and Data shall survive
termination and/or expiration of this Agreement and applies to copies of C Star
and Data located at or identified as in the possession of the 52-3 District Court
and/or its consultants, contractors or subcontractors after the date of termination
and/or expiration.
3.15 No Employee-Employer Relationship. Nothing in this Agreement shall be construed as
creating an employer-employee relationship between the County (including any of its
employees) and the 52-3 District Court (including any of its employees.)
3.16 No Indemnification. Each Party shall be responsible for the acts and/or omissions of its
agents and/or employees. Nothing in this Agreement shall be construed as creating an
obligation to indemnify or defend the other for any claim, damage or liability arising out of
or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this
Agreement shall be construed as a waiver of governmental immunity.
3.17 No Warranties. C Star is provided as is, without warranty of any sort. The County does
not represent that C Star will be error free, or operate according to any standards of
specifications of the 52-3 District Court. C Star was created for the benefit of the County
and maintenance, updates, upgrades or enhancements shall be solely at the County’s
discretion and undertaken solely for the benefit of the County. The 52-3 District Court
acknowledges that any changes to the system to C Star that may benefit the County may
diminish C Star’s utility to the 52-3 District Court.
3.18 The 52-3 District Court shall assume all responsibility for any costs associated with any
upgrades to its own infrastructure, hardware, connectivity or other operating software that
may be needed in the future in order to continue using C-Star.
3.19 No Warranty of Data Accuracy. While the County makes every effort to include only
accurate and current data in C Star, the County specifically disclaims any intention or
Commissioners Minutes Continued. July 15, 2009
404
ability to ensure that the data is error free. The County specifically disclaims that C Star
data can provide the same amount of information or serve the same functions as LEIN
data.
3.20 The 52-3 District Court acknowledges and agrees that C Star and its Data are provided
AS Is, without any warranty of any type whatsoever, including any warranty of
merchantability or for use for a particular purpose.
3.21 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.
3.22 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.
3.23 Agreement Modifications or Amendments. Any modifications, amendments, recessions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties.
3.24 Entire Agreement. This Agreement represents the entire Agreement between the Parties
and supersedes 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.
3.25 The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained here.
For The County of Oakland:
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
For ___________________________:
By: _____________________________________________ Date: ________________
Print Name and Title: _____________________________________________________
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).
MISCELLANEOUS RESOLUTION #09140
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: TREASURER’S OFFICE – POSITION DELETION 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 Year 2010, 2011 and 2012; and
WHEREAS the County Treasurer 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
Treasurer proposes the deletion of one (1) vacant Summer Business Assistant position (#7010101-
04000); and
WHEREAS the savings from the position deletion will be fully applied towards the Treasurer’s FY 2010,
2011 and 2012 budget task; and
WHEREAS the duties that were previously assigned to this position will be redistributed to other division
employees; and
Commissioners Minutes Continued. July 15, 2009
405
WHEREAS the remaining portion of the department’s budget task is included in the FY 2010, 2011 and
2012 County Executive Recommended Budget; and
WHEREAS the total annual personnel costs of this position totals $5,716 (salaries - $5,490; fringe
benefits - $226).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of one (1) vacant GF/GP Summer Business Assistant position (#7010101-04000).
BE IT FURTHER RESOLVED that the following budget amendment be made to recognize the savings
from deleting position #7010101-0400:
GENERAL FUND (#10100) FY 2009
Expenditures
7010101-186070-702010 Salaries ($5,490)
7010101-186070-722740 Fringes ( 226)
7010101-186040-740023 Budget Transition 5,716
Total $ 0
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
The Chairperson referred the resolution to the Human Resources Committee. There were no objections.
REPORT (MISC. #09052)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – FREEZING COUNTY MILLAGE RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on July 9, 2009, recommends
that the resolution be amended as follows (in BOLD):
MISCELLANEOUS RESOLUTION #09052
BY: Commissioner Steven H. Schwartz, District #14, Sue Ann Douglas, District #12
IN RE: BOARD OF COMMISSIONERS – FREEZING COUNTY MILLAGE RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has the responsibility of setting the millage rate for Oakland
County; and
WHEREAS establishing a millage rate will allow the County’s financial administrators to better plan for the
future; and
WHEREAS the Oakland County Commissioners have reduced the Oakland County millage rate
three (3) times since 1996; and
WHEREAS the first millage reduction lowered the Oakland County millage rate from 4.4805 mills
on October 17, 1996 to 4.3023 mills; and
WHEREAS the last millage reduction on September 24, 1998 by the Oakland County Board of
Commissioners lowered the millage rate to 4.19 mills; and
WHEREAS the Oakland County Board of Commissioners has maintained a 4.19 millage rate since
September 24, 1998 despite the difficult economic times in Michigan, keeping Oakland County one
of the lowest taxing counties in Michigan; and
WHEREAS the Oakland County Board of Commissioners has demonstrated fiscal restraint
throughout the years and has consistently balanced the Oakland County budget; and
WHEREAS Oakland County currently has a millage rate of 4.19 mills, for fiscal year 2009 - 2010; and
WHEREAS freezing the County millage rate at 4.19 mills for fiscal years 2010 - 2011 and 2011 - 2012 will
encourage businesses in Oakland County to expand their workforces and physical plants; and
WHEREAS freezing the County millage rate for two years will send a signal to the international business
community that Oakland County is a good place to invest and grow a business; and
WHEREAS freezing the County millage rate for two years will provide homeowners some tax relief during
difficult economic times.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is
committed to the principle that low taxes promote business growth.
Commissioners Minutes Continued. July 15, 2009
406
BE IT FURTHER RESOLVED that the Oakland County Commission intends to freeze its millage rate at
4.19 mills through fiscal year 2011 - 2012, and is committed to lowering property taxes when
economic conditions permit.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is committed to
reducing the County millage rate in the future when economic conditions permit such action.
Chairperson, I move the foregoing resolution.
STEVEN SCHWARTZ, TIM GREIMEL, JIM
NASH, MARCIA GERSHENSON, HELAINE
ZACK, DAVID WOODWARD, GARY
McGILLIVRAY, TOM MIDDLETON, JANET
JACKSON, BRADFORD JACOBSEN, ROBERT
GOSSELIN, DAVID POTTS, KIM CAPELLO,
MICHAEL GINGELL
MISCELLANEOUS RESOLUTION #09052
BY: Commissioner Steven H. Schwartz, District #14
IN RE: BOARD OF COMMISSIONERS – FREEZING COUNTY MILLAGE RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has the responsibility of setting the millage rate for Oakland
County; and
WHEREAS establishing a millage rate will allow the County’s financial administrators to better plan for the
future; and
WHEREAS Oakland County currently has a millage rate of 4.19 mills, for fiscal year 2009 - 2010; and
WHEREAS freezing the County millage rate at 4.19 mills for fiscal years 2010 - 2011 and 2011 - 2012 will
encourage businesses in Oakland County to expand their workforces and physical plants; and
WHEREAS freezing the County millage rate for two years will send a signal to the international business
community that Oakland County is a good place to invest and grow a business; and
WHEREAS freezing the County millage rate for two years will provide homeowners some tax relief during
difficult economic times.
NOW THEREFORE BE IT RESOLVED that the Oakland County Commission intends to freeze its millage
rate at 4.19 mills through fiscal year 2011 - 2012.
Chairperson, I move the foregoing resolution.
STEVEN SCHWARTZ, TIM GREIMEL, JIM
NASH, MARCIA GERSHENSON, HELAINE
ZACK, DAVID WOODWARD, GARY
McGILLIVRAY, TOM MIDDLETON, JANET
JACKSON, BRADFORD JACOBSEN, ROBERT
GOSSELIN, DAVID POTTS, KIM CAPELLO,
MICHAEL GINGELL
Moved by Schwartz supported by Middleton the resolution be adopted.
Moved by Schwartz supported by Middleton the Finance Committee Report be accepted.
Discussion followed.
A sufficient majority having voted in favor, the report was accepted.
Moved by Douglas supported by Schwartz the resolution be amended to coincide with the
recommendation in the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Commissioners Minutes Continued. July 15, 2009
407
Vote on resolution, as amended:
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: Potter. (1)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #09127)
BY: General Government Committee, Christine Long, Chairperson
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:
The General Government Committee, having considered the above titled resolution on June 6, 2009,
recommends that the resolution be adopted with the following amendments:
1. Title
MR #09127 – BOARD OF COMMISSIONERS – A RESOLUTION URGING IMMEDIATE
PASSAGE OF COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION
ENDORSING THE EIGHT NACO HEALTH REFORM PRINCIPLES
2. 5th WHEREAS
WHEREAS in 2002, an estimated 6.5% or 77,620 thousands of people in Oakland
County were are uninsured. In today’s economic climate this number is projected to
grow significantly; and
3. Amend first BE IT FURTHER RESOLVED
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 embodying these eight principles.
4. Insert as second BE IT FURTHER RESOLVED
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners takes
no position at this time on a single payer health care system.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
Commissioners Minutes Continued. July 15, 2009
408
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
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
Copy of Restoring the Partnership for American Health Counties in a 21st Century Health System on file in
County Clerk’s office.
Moved by Coleman supported by Coulter the resolution be adopted.
Moved by Coleman supported by Coulter the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Coleman 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 Capello the resolution be postponed to a Board meeting at a later date. There was no support for
the motion.
Discussion followed.
Commissioners Minutes Continued. July 15, 2009
409
Vote on resolution, as amended:
AYES: Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz,
Woodward, Zack, Burns. (12)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub,
Bullard, Capello. (13)
A sufficient majority not having voted in favor, the resolution, as amended, failed.
REPORT (MISC. #09130)
BY: General Government Committee, Christine Long, Chairperson
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:
The General Government Committee, having considered the above titled resolution on June 6, 2009,
recommends that the resolution be adopted with the following amendments.
1. Fourth WHEREAS
WHEREAS more thatn 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
2. NOW THEREFORE BE IT RESOLVED
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 Great Lakes program.
3. 2nd BE IT FURTHER RESOLVED
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 Great
Lakes 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.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
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
Commissioners Minutes Continued. July 15, 2009
410
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
Moved by Long supported by Taub the resolution be adopted.
Moved by Long supported by Taub the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Taub 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.
Vote on resolution, as amended:
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello. (23)
NAYS: McGillivray, Coleman. (2)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioner Douglas stated there were no items to report on the Regular Agenda from the Human
Resources Committee.
MISCELLANEOUS RESOLUTION #09141
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION RESOLUTION
REGARDING RECOVERY ZONE FACILITY BONDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. July 15, 2009
411
WHEREAS the American Recovery and Reinvestment Act of 2009 (“ARRA”) was passed by Congress on
February 13, 2009, and was signed by the President on February 17, 2009; and
WHEREAS the ARRA provides Counties and large municipalities (an “Issuer” or the “Issuers”) with a new
economic development tool, which will permit the Issuers, including the County of Oakland (the “County”)
and its economic development corporation, to issue tax-exempt “private activity bonds” called “Recovery
Zone Facility Bonds” (“RZFBs”) for the benefit of a variety of private businesses for which tax-exempt
bonds have not been available in the past to finance plant and equipment; and
WHEREAS RZFBs may be issued to finance certain depreciable property for any trade or business,
commercial or industrial, but only if the property is located in a “Recovery Zone” designated by the Issuer
and is purchased or constructed after such designation; and
WHEREAS under the ARRA, a “Recovery Zone” is an area designated by the Issuer as having significant
poverty, unemployment, home foreclosures or general distress; and
WHEREAS the dramatic economic meltdown of the economy across the United States, and in the State
of Michigan in particular, and the ensuing adverse effects on manufacturing and other businesses in the
State and the County, including the bankruptcies of Chrysler Corporation and General Motors
Corporation, both of which have substantial presence in the County, have directly caused employment in
the County to decline, layoffs to increase dramatically and home foreclosures to rise to all-time highs, all
directly resulting in unemployment and economic and general distress throughout the County; and
WHEREAS the breadth of the distress suffered by the County, as represented by the loss of jobs, home
foreclosures and rapidly declining property values, supports a finding by the Board of Commissioners that
the entire County qualifies as a “Recovery Zone” as contemplated by ARRA; and
WHEREAS to remain in the forefront of economic development in the State and to continue to provide
businesses within the County and those wishing to locate in the County the most favorable financing
vehicles available in the United States today, and on the basis of the Board’s finding that the conditions
precedent for qualifying as a “Recovery Zone” exist throughout the County, the Board of Commissioners
deems it in the best interests of the County to designate the entire County a “Recovery Zone” within the
meaning of ARRA; and
WHEREAS the Board’s formal designation of the County as a “Recovery Zone”, as required under the
ARRA, will hereafter permit the acquisition or construction by businesses located and doing business
within the County of property qualifying as “recovery zone property” in the County to take advantage of
RZFBs, subject to the $155.8 million aggregate amount of “recovery zone facility bond limitation”
allocated under ARRA to the County; and
WHEREAS the action of the Board of Commissioners in designating the County a “Recovery Zone”
reflects the County’s desire to assist qualifying businesses through the issuance of RZFBs, but such
action does not and will not ever constitute a desire or ability on the part of the Board of Commissioners
to directly or indirectly lend the credit or any property of the County to any RZFBs issued by the County,
and any and all RZFBs issued by the County will clearly and unequivocally state that the RZFBs are
payable solely and only out of the security provided by the businesses benefited thereby and that the
County shall not be liable for any reason or under any circumstances on, or as a result of the issuance of
or failure to issue, RZFBs, the acquisition or construction of recovery zone property within the County or
the operation of such property within the County.
NOW THEREFORE BE IT HEREBY RESOLVED that:
1. The Board of Commissioners finds that the conditions set forth in the ARRA for qualification of a
geographic area as a “Recovery Zone”, viz., poverty, unemployment, home foreclosures and
general distress, exist throughout the County of Oakland.
2. The Board of Commissioners hereby designates the County of Oakland, State of Michigan, as a
“Recovery Zone” within the meaning of the ARRA, effective immediately.
3. Recovery Zone Facility Bonds issued by the County shall in each and every case clearly and
unequivocally state on their face that they are payable solely and only out of the security provided
by the business benefited by them and that the County shall not be liable for any reason or under
any circumstances on, or as a result of the issuance of or failure to issue, the Recovery Zone
Facility Bonds, or for any action taken by any person relating to the acquisition or construction of
“recovery zone property” or for the operation of any such property.
4. The County Executive and/or his designees are hereby authorized on behalf of the Board of
Commissioners to take such action as may be necessary or appropriate to fulfill the purposes of
this resolution, including but not limited to notification of the State of Michigan and the United
Commissioners Minutes Continued. July 15, 2009
412
States Government that the County Board of Commissioners has designated the County as a
“Recovery Zone” under ARRA, and to establish procedures and conditions for the issuance by
the County or the County Economic Development Corporation of RZFBs, and to take such other
action as may be necessary or desirable to satisfy any additional conditions or qualifications now
existing or hereafter established under ARRA relating to Recovery Zone Facility Bonds and the
allocation of bond limitation therefor.
5. The provisions of this resolution shall take precedence over all or any portion of any resolution
heretofore adopted by this Board of Commissioners in conflict herewith.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Scott supported by Middleton the resolution be adopted.
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09142
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY INTERNATIONAL
AIRPORT – REQUEST TO GRANT A SANITARY SEWER EASEMENT TO THE CHARTER
TOWNSHIP OF WATERFORD, OAKLAND COUNTY INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in
Waterford Township; and
WHEREAS the Oakland County International Airport staff has received a request to grant an easement
for sanitary sewer along Astro Drive in the extreme northwest corner area of the Oakland County
International Airport from the Charter Township of Waterford; and
WHEREAS granting the easement would allow the Township to extend its sanitary sewer system to
provide service to three hangar lessee properties located along Astro Drive. All construction related costs
would be bourn by lessees; and
WHEREAS the Oakland County Aviation staff and the Waterford Township Engineering staff have agreed
upon a route for the said sanitary sewer; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached sanitary sewer easement to the Charter Township of
Waterford for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for sanitary sewer and all other related
documents which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant of Sanitary Sewer Easement in Gross on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioner Potter stated there were no items to report on the Regular Agenda from the Public
Services Committee.
Commissioners Minutes Continued. July 15, 2009
413
Commissioner Schwartz addressed the Board.
MISCELLANEOUS RESOLUTION #09143
BY: Commissioners Christine Long, District #7, John Scott, District #5, Tim Burns, District #19
IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL RECREATION AND PARKS
MONTH IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the mission of the Oakland County Parks and Recreation Commission is to provide all
residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces,
and facilities, resulting in a comprehensive county park system that enhances the quality of life; and
WHEREAS parks, recreation activities, and leisure experiences provide opportunities for young people to
live, grow, and develop into contributing members of society; and
WHEREAS parks and recreation generates opportunities for people to come together and experience a
sense of community through fun recreational pursuits; and
WHEREAS parks and recreation agencies provide outlets for physical activities, socialization, and stress-
reducing experiences; and
WHEREAS parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic
sites make communities attractive and desirable places to live, work, play, and visit, in a manner that
contributes to our ongoing economic vitality; and
WHEREAS parks and recreation agencies touch the lives of individuals, families, groups, and the entire
community, which positively impacts upon the social, economic, health, and environmental quality of our
community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
proclaims July as Recreation and Parks Month in Oakland County and encourages all citizens to
celebrate healthy, active lifestyles by participating in their choice of recreation and park activities.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Parks and Recreation Commission.
Chairperson, we move the adoption of the foregoing resolution.
CHRISTINE LONG, JOHN SCOTT, TIM BURNS
DAVID POTTS, THOMAS MIDDLETON,
MICHAEL GINGELL, BRADFORD JACOBSEN,
ROBERT GOSSELIN, SHELLEY TAUB, BILL
BULLARD, SUE ANN DOUGLAS, DAVID
WOODWARD, DAVID COULTER, MARCIA
GERSHENSON, GARY McGILLIVRAY,
HELAINE ZACK, JANET JACKSON, JIM NASH,
ERIC COLEMAN, TIM GREIMEL, MATTIE
HATCHETT, ERIC COLEMAN
Moved by Scott supported by Burns to suspend the rules and vote on MISCELLANEOUS RESOLUTION
#09143 - BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL RECREATION AND PARKS
MONTH IN OAKLAND COUNTY.
Vote on motion to suspend the rules:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard,
Burns, Capello, Coleman, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09143 - BOARD OF COMMISSIONERS – RECOGNIZING
NATIONAL RECREATION AND PARKS MONTH IN OAKLAND COUNTY carried.
Moved by Scott supported by Burns the resolution be adopted.
Commissioners Minutes Continued. July 15, 2009
414
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Coleman, Douglas, Gershenson. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09144
BY: Commissioner David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR
PUBLIC FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS State of Michigan P.A. 40 of 1942, as amended, requires the Board of Commissioners to
provide by resolution for the deposit of all public monies coming into the hands of the County Treasurer;
and
WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030,
#84150, #89005, #92155, #97246, #01178, #06005, and #08004 have authorized depositories; and
WHEREAS a credit union is a not-for-profit cooperative financial institution that is owned and controlled
by its members, and operated for the purpose of promoting thrift, providing credit at reasonable rates, and
providing other financial services to its member; and
WHEREAS Oakland County strives to support all of our county’s financial institutions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates the
following named Oakland County credit unions as authorized depositories for public monies held by the
County Treasurer in addition to those approved in Miscellaneous Resolution #08004:
Affinity Group CU Best Source CU Birmingham-Bloomfield CU
Chief Pontiac FCU Chiropractic FCU Clarkston Brandon Community CU
Clawson Community CU Community Choice CU Construction Federal Credit Union CU
Credit Union Advantage CU Credit Union ONE Iron Workers Local 25 CU
Kelly FCU Lakes Community CU Kensington Valley Community CU
Latvian Heritage FCU LOC FCU Cornerstone Community Financial CU
Metro North CU Michigan Catholic CU Michigan Services CU
My Postal Credit Union Northwood CU Oakland County CU
OUR Credit Union PARDA FCU Peoples Trust CU
ROME CU T & C FCU St. Joseph Mercy Hosp. Pontiac FCU
USA CU T & I CU Southeast Michigan State EFCU
Walled Lake School EFCU Westacres CU United Christian Community CU
BE IT FURTHER RESOLVED that succeeding credit unions, as a result of mergers and or acquisitions or
resulting from a name change, from the above list, shall also be deemed as authorized. In addition, any
new financial institution that is formed in the County shall also be deemed as authorized provided that the
County Treasurer limits deposits to FDIC insurance levels.
BE IT FURTHER RESOLVED that the authorized depositories are hereby authorized to honor all checks,
electronic transfers, or other automated instruments for payment of money drawn on the various accounts
when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the
County of Oakland County of Oakland or his designated deputies.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Treasurer.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, JANET JACKSON, ERIC
COLEMAN, MARCIA GERSHENSON, GARY
McGILLIVRAY, TIM BURNS, DAVID COULTER,
JIM NASH, TIM GREIMEL, HELAINE ZACK,
MATTIE HATCHETT
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. July 15, 2009
415
MISCELLANEOUS RESOLUTION #09145
BY: Commissioner Gary R. McGillivray, District #24, David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILLS 4785 & 4786 TO PROVIDE
UNEMPLOYMENT BENEFITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the American Recovery and Reinvestment Act 2009, enacted several changes concerning
unemployment insurance benefits for displaced workers; and
WHEREAS among the changes are a number of provisions aimed at encouraging states to “modernize”
their unemployment insurance programs by increasing benefits and expanding eligibility, for which states
were offered $7 billion to assist in the cost of funding these changes; and
WHEREAS House Bills 4785 and 4786 propose to enact amendments to the Michigan Employment
Security Act to provide unemployment benefits to individuals who are available for and seeking only part-
time work, and to provide extended benefits to individuals who exhaust regular benefits and are enrolled
in an approved job training program; and
WHEREAS enactments of these provisions would enable the state to receive additional federal funding
made available under the federal American Reinvestment and Recovery Act of 2009; and
WHEREAS House Bill 4785 amends the Michigan Employment Security Act (MCL 421.27) to provide up
to an additional 26 weeks of UI benefits to individuals who exhaust regular benefits (up to 26 weeks)
during the period they are enrolled and satisfactorily completing an approved job training program,
including programs authorized under the federal Workforce Invest Act; and
WHEREAS House Bill 4786 amends the Michigan Employment Security Act (MCL 421.28) to provide that
for benefit years beginning after January 1, 2010, if a majority of weeks in an individual’s base period
include part-time work, an otherwise eligible individual could not be denied benefits for any week solely
because the individuals is available only for part-time work; seeking only part-time work; or refuses an
offer of full-time work; and
WHEREAS the federal Department of Labor - Employment and Training Administration (DOL-ETA) has
indicated that Michigan's share for enacting these provisions is $138.9 million; and
WHEREAS House Bills 4785 and 4786 have both been passed in the House and have been referred to
the Senate Committee on Commerce and Tourism; and
WHEREAS according to the U.S. Department of Labor, in May 2009, the unemployment level in Oakland
County was 12.4%; and
WHEREAS in May 2009, the Michigan Department of Human Services projected that Oakland County is
expected to have nearly 11,000 unemployed people exhaust their current unemployment benefits
between May and December of 2009; and
WHEREAS unemployment benefits are essential to help Oakland County workers who have lost their
jobs and who are trying to meet their financial obligations while riding out these tough economic times;
and
WHEREAS the economic environment in Oakland County will be worsened if state legislation is not
adopted that will allow access to $138.9 million in federal stimulus that has been made available to
Michigan’s unemployed workers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby finds
that it would be beneficial to the people and economy of Oakland County to leverage the $138 million in
federal stimulus money for worker retraining and extended unemployment benefits.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports House Bill
4785 and House Bill 4786 and urges their quick passage in the Michigan Legislature.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs the Oakland
County Board of Commissioners’ lobbyist, Public Affairs and Associates to work towards the adoption of
House Bills 4785 and House Bills 4786.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm, Representative Richard Hammel, Representative
Bert Johnson, the Senate Committee on Commerce and Tourism, the Oakland County delegation to the
Michigan Legislature, the Michigan Association of Counties and Oakland Counties Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
Commissioners Minutes Continued. July 15, 2009
416
GARY McGILLIVRAY, DAVID WOODWARD,
ERIC COLEMAN, JIM NASH, HELAINE ZACK,
MARCIA GERSHENSON, JANET JACKSON,
TIM BURNS, DAVID COULTER, TIM GREIMEL
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09146
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO ENCOURAGE LOW/NO COST
ENERGY CONSERVATION MEASURES FOR LOCAL GOVERNMENT BUILDINGS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Regional Partnership for Sustainability (Partnership) was created to build collaboration
between Wayne, Oakland and Macomb Counties and the City of Detroit in the area of significantly
improving sustainability efforts in the region; and
WHEREAS the Partnership has been meeting on a regular basis, forming a shared vision for creating real
change with measurable improvements through their respective branches of government and have
identified specific low/no cost energy conservation measures for local government buildings.
NOW THEREFORE BE IT RESOLVED that each governmental entity of the Partnership will encourage
its Chief Elected Executive/Administrative Officer and department heads to implement the following
Michigan Department of Labor and Economic Growth, Rebuild Michigan Program low/no cost energy
conservation measures for local government buildings:
1. Adjust Heating Temperature: Recommended occupied temperature is 68.55 when unoccupied.
2. Adjust Cooling Temperatures: Recommended Occupied Temperature is 76.
3. Day-Night Heating Temperature Controls: Install a basic Energy Management System to
automatically control temperatures.
4. Programmable Thermostats: Replace thermostats with programmable units to allow overnight
setback.
5. High Efficiency Fluorescent Lighting: Replace standard T12 fluorescent light fixtures with T8
fluorescent fixtures.
6. Compact Fluorescent Lamps: Replace incandescent light bulbs with compact fluorescents.
7. Occupancy Sensors: Use occupancy sensors to control lighting.
8. LED Exit Sign Lighting: Replace incandescent and compact fluorescent exit signs with LED units.
9. Weather Stripping: Caulk and seal the building envelope.
10. Water System Insulation: Add insulation jacket to water heater and insulate exposed hot water
pipes.
11. Pop Machine: Disconnect lamps and ballasts inside pop machine.
12. Drinking Fountain Timers: Control plug in drinking fountain operation with a 24 hour plug in timer.
13. Enable Computer Power Done Feature: Instruct IT staff to enable power down feature on all
computer equipment
14. Water Conservation: Install water conserving retrofits on bathroom and kitchen fixtures.
BE IT FURTHER RESOLVED that this resolution shall be sent to fellow members of the Partnership, and
the Partnership will provide detailed information regarding these conservation measures.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, MARCIA GERSHENSON, TIM
BURNS, TIM GREIMEL, HELAINE ZACK,
MATTIE HATCHETT, GARY McGILLIVRAY,
DAVID WOODWARD, JANET JACKSON, ERIC
COLEMAN, STEVEN SCHWARTZ, DAVID
COULTER
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
Commissioners Minutes Continued. July 15, 2009
417
MISCELLANEOUS RESOLUTION #09147
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – A RESOLUTION SUPPORTING THE REGIONAL
PARTNERSHIP FOR SUSTAINABILITY’S ENDORSEMENT OF THE GRAND RAPIDS’ COMMUNITY
SUSTAINABILITY PARTNERS AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Regional Partnership for Sustainability (Partnership) was created to build collaboration
between Wayne, Oakland and Macomb Counties and the City of Detroit to significantly improving
sustainability efforts in the region; and
WHEREAS the Partnership espouses many of the stated objectives, strategies and outcomes of the
Grand Rapids’ model for a Community Sustainability Partners Agreement, attached hereto; and
WHEREAS the Community Sustainability Partners urge others from public, private, and academic sectors
from the greater Grand Rapids Community to join the effort by endorsing the Agreement; and
WHEREAS there are currently over 170 partners who have endorsed the Agreement including the City of
Chicago and numerous corporations around the State of Michigan.
NOW THEREFORE BE IT RESOLVED that as a member of the Regional Partnership of Sustainability,
we hereby support the Partnership’ endorsement of the Grand Rapids’ Community Sustainability Partners
Agreement.
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the other members of the
Partnership.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, TIM GREIMEL, TIM BURNS,
MATTIE HATCHETT, MARCIA GERSHENSON,
DAVID WOODWARD, ERIC COLEMAN,
HELAINE ZACK, GARY McGILLIVRAY, JANET
JACKSON
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09148
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO ENCOURAGE SHARING OF DATA
AND RESULTS OF BASELINE ENERGY AUDITS AND BEST PRACTICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Regional Partnership for Sustainability (Partnership) was created to build collaboration
between Wayne, Oakland and Macomb Counties and the City of Detroit to significantly improving
sustainability efforts in the region; and
WHEREAS the Partnership has been meeting on a regular basis, forming a shared vision for creating real
change with measurable improvements through their respective branches of government; and
WHEREAS the governmental entities comprising the Partnership have conducted or intend to conduct
baseline measurements of energy use for certain facilities and are developing Energy Efficiency and
Conservation Strategies relating to the Energy Efficiency and Conservation Block Grant program, and the
resulting information can be beneficial to the other governmental entities, as well as to the local
communities within each County; and
WHEREAS as the governmental entities establish best practices for lowering energy usage in their
facilities, it would be valuable to share this knowledge with other Partnership members.
NOW THEREFORE BE IT RESOLVED that as a member of the Partnership, we hereby encourage the
departments and leaders of our governmental entity to share the results of baseline measurements of
energy use or energy audits, Energy Efficiency and Conservation Strategies, as well as best practices
established to lower energy usage in our facilities, with our fellow members of the Partnership.
BE IT FURTHER RESOLVED that the Partnership will develop a mechanism for sharing information.
BE IT FURTHER RESOLVED that this resolution shall be sent to the fellow members of the Partnership.
Chairperson, we move the adoption of the foregoing resolution.
Commissioners Minutes Continued. July 15, 2009
418
JIM NASH, TIM BURNS, HELAINE ZACK,
MARCIA GERSHENSON, MATTIE HATCHETT,
ERIC COLEMAN, JANET JACKSON, GARY
McGILLIVRAY, DAVID WOODWARD, STEVEN
SCHWARTZ, DAVID COULTER
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09149
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO ENCOURAGE BUILDING ENERGY
SAVINGS POLICIES AND EMPLOYEE TRAINING TO REDUCE ENERGY USAGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Regional Partnership for Sustainability (Partnership) was created to build collaboration
between Wayne, Oakland and Macomb Counties and the City of Detroit in the area of significantly
improving sustainability efforts in the region; and
WHEREAS the Partnership has been meeting on a regular basis, forming a shared vision for creating real
change with measurable improvements through their respective branches of government; and
WHEREAS the Partnership members want to emphasize the benefits of energy efficiency and
conservation, and believe employee education is one of the fastest and most economical ways to reduce
energy usage, and free education seminars on basic energy reductions for government employees are
widely available; and
WHEREAS the Partnership wants to demonstrate that energy efficiency and conservation practices can
be applied to the daily governmental operations through simple measures such as turning off lights,
moderating temperatures by dialing down (up) thermostats, turning off equipment when not in use, using
occupancy sensors, and replacing inefficient lighting, which will reduce government energy costs; and
WHEREAS the Partnership members have set a target to lower energy usage by 5% each year with a
goal of achieving Energy Star ratings in as many government buildings as possible within 5 years, and
intend to work with the Chief Executive Officer of their respective governmental entities to achieve this
target; and
WHEREAS the Partnership members desire to share building energy savings policies so that all members
can achieve optimum results.
NOW THEREFORE BE IT RESOLVED that as a member of the Partnership, we strongly encourage the
Chief Elected Executive/Administrative Officer and department heads of our governmental entity to
establish a building energy savings policy and establish employee education training regarding energy
efficiency and conservation.
BE IT FURTHER RESOLVED we strongly encourage the Chief Elected Executive/Administrative Officer
and department heads to develop an energy savings plan to lower energy usage by at least 5% each
year with a goal of achieving Energy Star ratings in as many government buildings as possible within 5
years.
BE IT FURTHER RESOLVED that this resolution shall be sent to the Chief Elected
Executive/Administrative Officer of our governmental entity and to fellow members of the Partnership.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, MARCIA GERSHENSON, TIM
BURNS, MATTIE HATCHETT, HELAINE ZACK,
DAVID WOODWARD, JANET JACKSON, ERIC
COLEMAN, TIM GREIMEL, GARY
McGILLIVRAY, STEVEN SCHWARTZ
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
Commissioners Minutes Continued. July 15, 2009
419
MISCELLANEOUS RESOLUTION #09150
BY: Commissioner Jim Nash, District #15
IN RE: BOARD OF COMMISSIONERS – SUPPORT OF ECODRIVINGUSA
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. is facing an unprecedented energy crisis; and
WHEREAS the financial cost of powering our homes and automobiles are rising with no end in sight; and
WHEREAS the federal government has yet to determine a long-term national energy policy for the future;
and
WHEREAS the automobile industry has teamed up with leading environmental advocates to launch a
program called EcoDrivingUSA, a nationwide effort to save consumers money at the gas pump, reduce
fuel use and cut carbon dioxide (CO2) emissions; and
WHEREAS by following EcoDriving’s subtle and easy-to-use practices for driving and vehicle
maintenance, a typical driver can improve fuel economy by about 15 percent; and
WHEREAS if everyone in Michigan practiced EcoDriving, we could reduce CO2 emissions by over 7
million tons annually, equivalent to the average annual emissions of 685,000 households; and
WHEREAS Michigan Governor Jennifer Granholm became one of the first governors in the United States
to endorse EcoDrivingUSA on behalf of the State of Michigan.
NOW THEREFORE BE IT RESOLVED that Oakland County does hereby expresses our support for the
EcoDrivingUSA campaign, and calls on county residents to become “EcoDrivers.”
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm, EcoDrivingUSA, the Oakland County delegation to
the Michigan legislature, the Michigan Association of Counties, and Oakland County’s legislative
lobbyists, and that a copy of this resolution posted on the county website.
Chairperson, we move the adoption of the foregoing resolution.
JIM NASH, MARCIA GERSHENSON, TIM
BURNS, GARY McGILLIVRAY, MATTIE
HATCHETT, ERIC COLEMAN, JANET
JACKSON, DAVID WOODWARD
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
The Board adjourned at 10:14 p.m. to the call of the Chair or July 30, 2009, at 9:30 a.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson