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					                                       OAKLAND COUNTY

                              BOARD OF COMMISSIONERS

                                              MINUTES


December 9, 2009

Meeting called to order by Chairperson Bill Bullard, Jr. at 7:14 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 Michael Gingell.

Pledge of Allegiance to the Flag.

Moved by Long supported by Coleman the minutes of the November 12, 2009 Board Meeting be
approved.

A sufficient majority having voted in favor, the minutes were approved as printed.

Moved by Jacobsen supported by Coulter the agenda be amended as follows:

ITEMS NOT ON BOARD AGENDA
HUMAN RESOURCES COMMITTEE
      f.    Human Resources Department – Fiscal Year 2004-2010 Labor Agreement for
            Employees Represented by the Oakland County Deputy Sheriff’s Association (OCDSA)

(Reason for Suspension of Human Resources Committee, item f.: Waiver of Rule III. Item was taken up
by the Human Resources and Finance Committees immediately prior to today’s meeting.)

Also, move Public Services Committee, item q. from the Regular Agenda to the Consent Agenda.

        Vote on agenda, as amended:
        AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
        Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
        Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the agenda, as amended, was approved.


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Commissioners Minutes Continued. December 9, 2009

Chairperson Bill Bullard, Jr. along with Commissioners Janet Jackson, Eric Coleman and Helaine Zack
presented a proclamation honoring Specs Howard for his outstanding accomplishments and community
service efforts. Specs Howard addressed the Board.

Chairperson Bill Bullard, Jr. along with Commissioners Janet Jackson, Eric Coleman, Helaine Zack, and
Marcia Gershenson presented a proclamation honoring Estin Baldwin for his accomplishments as a
young author and applauding his advocacy for literacy. Estin Baldwin and his mother addressed the
Board.

Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the
Planning and Economic Development Services Division Resolution Approving Project Plan (North
American Bancard, Inc. Project) – City of Troy. Is there anyone present who wishes to speak?” No one
requested to speak and the Chairperson declared the Public Hearing closed.

Deputy County Clerk Chris Ward read a communication from Chairperson Bill Bullard, Jr. appointing the
following individuals to various Boards and Commissions:
        Claims Review Committee – term ending 12/31/10
        Tim Greimel, David Potts

        Community Development Advisory Council – term ending 12/31/10
        Sue Ann Douglas, Jeff Potter, Tim Greimel, Jim Nash

        Oakland County Historical Commission – term ending 12/31/12
        Jennifer Radcliff, Christopher Cummins, Fran Wilson

        Personnel Appeal Board – term ending 12/31/10
        John Scott, Brad Jacobsen

        Sanitary Code Appeal Board – term ending 12/31/12
        Greg Boyajian, Ron Fowkes

Without objection the appointments were confirmed.

Deputy County Clerk Chris Ward read a communication from Larry Doyle, Administrative Director,
Oakland County Board of Commissioners, stating that Rule V, Section A(2) of the Board of
Commissioners Rules required the Vice Chairperson of the Board of Commissioners be elected for a one
(1) year term.

Moved by Taub supported by Long Commissioner Michael Gingell be nominated for Board Vice
Chairperson for a one year term ending December 31, 2010.

       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, Commissioner Michael Gingell was re-elected for Board Vice-
Chairperson for a one year term ending December 31, 2010.

Deputy County Clerk Chris Ward read a communication from L. Brooks Patterson, Oakland County
Executive, re-appointing Judith Cunningham and Gordon Snavely to the 2010 Claims Review Committee.
Without objection the communication was received and filed.

Deputy County Clerk Chris Ward read a communication from Wendy Potts, Chief Judge, appointing Kevin
Oeffner to the 2010 Job Evaluation Review Panel as the Courts’ representative and Rebecca Schnelz as

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Commissioners Minutes Continued. December 9, 2009

the Courts’ alternative representative. The appointments are one year terms beginning January 1, 2010.
Without objection the communication was received and filed.

Commissioner David Coulter introduced Kate Baker who serves as a member of the Ferndale City
Council.

The following people addressed the Board during public comment: Joseph Barrera of Orion Township,
Karl Striebel of Rochester Hills, Tristan Spindler of Milford, Patricia Smith of White Lake, Alice Benbow of
Rochester Hills, Kate Baker of Ferndale, Dave Taylor of Beverly Hills, Bruce Fealk of Rochester Hills,
Greg Powell of Waterford, and Cathy King of Berkley.

Moved by Middleton supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted and appointments being
confirmed). The vote for this motion appears on page 996. The resolutions on the Consent Agenda follow
(annotated by an asterisk {*}):

*MISCELLANEOUS RESOLUTION #09288
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 CHARTER TOWNSHIP OF ORION
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 the Charter Township of Orion agrees to pay the sum of $11.32 (75% of $15.10) per parcel
for the 2009-2010 contract year and $15.10 per parcel for the 2010-2011 contract year for 13,849 real
property parcels and $12.40 per parcel for 1,086 personal property parcels for a total contract value of
$170,237 for the 2009-2010 year and $222,586 for the 2010-2011 year; and
WHEREAS the contract will begin on the effective date as approved by the Chairperson of the Board of
Commissioners and shall terminate on June 30, 2011.
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 with the Charter Township of Orion for assessment of real and personal property.
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.
BE IT FURTHER RESOLVED the FY2010-FY2011 budget be amended as follows:
REVENUE                                                         FY2010          FY2011
10100-1020501-186020-631813 Reimb Equalization Services $170,237                $222,586
EXPENDITURE
10100-9010101-196030-740023 Non-Dept Budget Transition          $170,237        $222,586
                                         Total                  $    -0-        $    -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
                                                        FINANCE COMMITTEE

CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF ORION (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF ORION (hereafter, this "Contract") is made and entered into between
the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is
1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CHARTER
TOWNSHIP OF ORION, a Michigan Constitutional and Municipal Corporation whose address is 2525
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Commissioners Minutes Continued. December 9, 2009

Joslyn Road, Lake Orion, Michigan 48360 (hereafter, the "Municipality"). In this Contract, either the
County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A.     The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
       but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
       perform real and personal property tax appraisals and assessments for all nonexempt real and
       personal property located within the geographic boundaries of the Municipality for the purpose of
       levying State and local property taxes.
B.     The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
       of the State Tax Commission mandating the County to perform all or some of the property tax
       appraisal and tax assessment responsibilities for real and/or personal property located within the
       Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
       these Services to or for the Municipality.
C.     The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
       Commissioners, through the Equalization Division may furnish assistance to local assessing
       officers in the performance of certain of these legally mandated, Municipality, property appraisal
       and assessment responsibilities.
D.     The Municipality has requested the County's Equalization Division assistance in performing the
       “Equalization Division Assistance Services" (as described and defined in this Contract) and has
       agreed in return to reimburse the County as provided for in this Contract.
E.     The County has determined that it has sufficient "Equalization Division Personnel," as defined
       herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
       Municipality by providing the requested “Equalization Division Assistance Services" under the
       terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1.    DEFINED TERMS            In addition to the above defined terms (i.e., "Contract”, "County”,
       “Municipality”, "Party" and "Parties", and “State”), the Parties agree that the following words and
       expressions when printed with the first letter capitalized as shown herein, whether used in the
       singular or plural, possessive or nonpossessive, and/or either within or without quotation marks,
       shall, be defined and interpreted as follows:
       1.1.     "County Agent" or "County Agents" shall be defined as any and all Oakland County
                elected officials, appointed officials, directors, board members, council members,
                commissioners, authorities, other boards, committees, commissions, employees,
                managers, departments, divisions, volunteers, agents, representatives, and/or any such
                persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
                such persons act or acted in their personal representative or official capacities), and/or
                any persons acting by, through, under, or in concert with any of them, excluding the
                Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
                "County Agents" shall also include any person who was a County Agent anytime during
                the term of this Contract but, for any reason, is no longer employed, appointed, or elected
                and serving as a County Agent.
       1.2.     “Equalization Division Personnel” as used in this Contract shall be defined as a specific
                subset of, and included as part of the larger group of County Agents as defined above,
                and shall be further defined as any and all County Agents specifically employed and
                assigned by the County to work in the Equalization Division of the County’s Department
                of Management and Budget as shown in the current County budget and/or personnel
                records of the County. For any and all purposes in this Contract, any reference to County
                Agents shall also include within that term any and all Equalization Division Personnel, but
                any reference in this contract to Equalization Division Personnel shall not include any
                County Agent employed by the County in any other function, capacity or organizational
                unit of the County other than the Equalization Division of the Department of Management
                and Budget.
       1.3.     "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
                Municipality officers, elected officials, appointed officials, directors, board members,
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Commissioners Minutes Continued. December 9, 2009

               council members, authorities, boards, committees, commissions, employees, managers,
               departments, divisions, volunteers, agents, representatives, and/or any such persons'
               successors or predecessors, agents, employees, attorneys, or auditors (whether such
               persons act or acted in their personal, representative, or official capacities), and/or any
               and all persons acting by, through, under, or in concert with any of them, except that no
               County Agent shall be deemed a Municipality Agent and conversely, no Municipality
               Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
               person who was a Municipality Agent at any time during this Contract but for any reason
               is no longer employed, appointed, or elected in that capacity.
       1.4.    "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
               demands for relief or damages, suits, causes of action, proceedings, judgments,
               deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
               any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
               and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
               liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
               asserted against either the County and/or any County Agent, as defined herein, or any
               Claim(s) for which the County and/or any County Agent may become legally and/or
               contractually obligated to pay or defend against, or any other liabilities of any kind
               whatsoever, whether direct, indirect or consequential, whether based upon any alleged
               violation of the constitution (federal or State), any statute, rule, regulation or the common
               law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
               threatened and arising out of any alleged breach of any duty by the County and/or any
               County Agent to any third-person, the Municipality, including any Municipality Agent or
               any Municipality Taxpayer under or in connection with this Contract or are based on or
               result in any way from the County’s and/or any County Agent’s participation in this
               Contract.
       1.5.    “Municipality Taxpayer” shall be defined as any and all residents, property owners,
               persons, or taxable entities within the Municipality, or their representatives or agents, who
               may be liable or responsible for any property taxes assessed by the Municipality pursuant
               to any applicable State Property Tax Laws.
       1.6.    "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
               United States, and shall also include within its definition any and all departments or
               agencies of State government including specifically, but not limited to, the State Tax
               Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2.    COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
       and complete scope of any and all County Equalization Division Assistance Services shall be as
       described and limited in the following subsections (hereinafter defined and referred to as either
       “Equalization Division Assistance Services” or "Services”).
       2.1.    “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
               PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
               by County for the Municipality as those terms are defined in this Contract, shall only
               include and shall be limited to the following activities:
               2.1.1. This Contract is to provide for annual assessment of real and personal property
                          through the 2010 and 2011 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.
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Commissioners Minutes Continued. December 9, 2009

       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
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Commissioners Minutes Continued. December 9, 2009

                                policies, procedures, orders, rules, regulations, ethical guidelines, and/or
                                any other judgment, policy or directive which, in any way, governs or
                                controls any activity of any County Agent or Equalization Division
                                Personnel, any necessary County Agent or Equalization Division
                                Personnel's training standards or proficiency(ies), any level or amount of
                                required supervision, any and all standards of performance, any
                                sequence or manner of performance, and any level(s) of experience,
                                training, or education required for any Equalization Division Personnel
                                performing any County duty or obligation under the terms of this
                                Contract.
              2.3.5. The Municipality agrees that except as expressly provided for under the terms of
                      this Contract and/or laws of this State, no County Agent or Equalization Division
                      Personnel, while such person is currently and/or actively employed or otherwise
                      remains on the payroll of the County as a County Agent shall be employed,
                      utilized, or perform any other services, of any kind, directly or indirectly, in any
                      manner or capacity, or otherwise be available to perform any other work or
                      assignments by or for the Municipality during the term of this Contract. This
                      section shall not prohibit the Municipality from employing any person who was a
                      former County Agent but is no longer employed in that capacity by the County.
              2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
                      law, the Parties agree and warrant that neither the County, nor any County
                      Agent, nor any Equalization Division Personnel, by virtue of this Contract or
                      otherwise, shall be deemed, considered or claimed to be an employee of the
                      Municipality and/or a Municipality Agent.
              2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
                      Division Personnel with any job instructions, job descriptions, job specifications,
                      or job duties, or in any manner attempt to control, supervise, train, or direct any
                      Personnel in the performance of any County's Equalization Division Assistance
                      Services duty or obligation under the terms of this Contract.
       2.4.   LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
              provided for within this Contract, neither the County nor any County Agents shall be
              responsible for assisting or providing any other "Services" or assistance to the
              Municipality or assume any additional responsibility for assisting the Municipality in any
              other way or manner with any Municipality obligations under any and all State Property
              Tax Laws, including, but not limited to, providing any attorney or legal representation to
              the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
              Tribunal or any other adjudicative body or court, except as expressly provided for in this
              Contract.
              2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
                      liable for any and all costs, legal obligations, and/or civil liabilities associated with
                      or in any way related to any Municipality tax appraisal or assessment functions or
                      any other Municipality legal obligation under any applicable State Property Tax
                      Laws. The Municipality shall employ and retain its own Municipality legal
                      representation, as necessary, to defend any such claim or challenge before the
                      State Tax Tribunal or any other court or review body.
              2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
                      upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
                      Real and/or Personal Property Tax Assessors) to defend property tax appraisals
                      and assessments that they either performed, or were otherwise performed under
                      their supervision, before the Michigan Tax Tribunal, the Parties agree that no
                      other County Agents, including any County attorneys shall be authorized,
                      required and/or otherwise obligated under this Contract or pursuant to any other
                      agreement between the Parties to provide any legal representation to or for the
                      Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
                      behalf of the Municipality before the Michigan Tax Tribunal or any other review
                      body or court.
                                                   845
Commissioners Minutes Continued. December 9, 2009

§3.    TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
       effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011,
       without any further act or notice from either Party being required. Any and all County Services
       otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject
       to the terms and conditions provided for herein.
§4.    NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
       provided for in this Contract, the Municipality agrees that this Contract does not, and is not
       intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
       Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
       obligation, or 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 year 2009-2010: $11.32 (75% of
       $15.10) for each real property description and $12.40 for each personal property description; for
       the contract year 2010-2011, the sum of $15.10 for each real property description and $12.40 for
       each personal property description rendered during the life of this Contract. Payment for the
       contract year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year
       2010-2011 is payable on or before July 1, 2011. If during the term of this Contract, there are

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Commissioners Minutes Continued. December 9, 2009

       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 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
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               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
               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
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                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 that any specific number(s) or classification of County Agents will be present on any
       given day to provide County services to the Municipality.
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§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
       Board of Trustees of the Charter Township of Orion. The approval and terms of this Contract,
       and/or any possible subsequent amendments thereto, shall be entered in the official minutes and
       proceedings of both the Oakland County Board of Commissioners and the Board of Trustees of
       the Charter Township of Orion and shall also be filed with the office of the Clerk of the County
       and the Clerk for the Charter Township of Orion.
§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
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Commissioners Minutes Continued. December 9, 2009

        nonpossessive shall be deemed to include the other whenever the context so suggests or
        requires.
§17.    CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
        are intended for the convenience of the reader and not intended to have any substantive
        meaning and are not to be interpreted as part of this Contract.
§18.    NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
        invoices, and/or any other written notices required, permitted or provided for under this Contract
        to be delivered to either Party shall be sent to that Party by first class mail. All such written
        notices, including any notice canceling or terminating this Contract as provided for herein, shall
        be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at
        the addresses shown in this Contract. All correspondence or written notices shall be considered
        delivered to a Party as of the date that such notice is deposited with sufficient postage with the
        U.S. Postal Service.
§19.    WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
        or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
        granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20.    ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
        entire agreement between the County and the Municipality and fully supersedes any and all prior
        agreements or understandings between them in any way related to the subject matter hereof. It
        is further understood and agreed that the terms and conditions herein are contractual and are not
        a mere recital and that there are no other agreements, understandings, contracts, or
        representations between the County and the Municipality in any way related to the subject matter
        hereof, except as expressly stated herein. This Contract shall not be changed or supplemented
        orally and may be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Matthew A. Gibb, Supervisor of the Charter Township of Orion, hereby
acknowledges that he has been authorized by a resolution of the Board of Trustees of the Charter
Township of Orion, 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: __________________
                  Matthew A. Gibb, Supervisor
                  Charter Township of Orion
WITNESSED: _______________________________                         DATE: __________________
                  Penny S. Shults, Clerk
                  Charter Township of Orion
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 996.)




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*MISCELLANEOUS RESOLUTION #09289
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – APPROVAL OF FY 2009 DEFICIT
ELIMINATION PLAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 140 of 1971 (the General Revenue Sharing Act) and Public Act 34 of 2001 (revised
Municipal Finance Act) required local units of government submit a “deficit elimination plan” when any
governmental fund experience negative unreserved fund balance and when any proprietary fund
experiences negative unrestricted net assets; and
WHEREAS Oakland County completed the fiscal year ending September 30, 2009 with three (3) funds
with negative unreserved fund balances and one (1) fund with negative unrestricted net assets, which
required submission of a deficit elimination plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
submission of the attached deficit elimination plan to the Michigan Department of Treasury.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
                                                           FINANCE COMMITTEE

Copy of Letter from Timothy J. Soave, Manager, Fiscal Services Division, on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09290
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2009 YEAR-END REPORT
AND BUDGET AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all accounts have been posted and final adjustments made for Fiscal Year (FY) 2009; and
WHEREAS Statement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards
requires that encumbrances be treated as a designated fund balance at the year-end and that such
amounts be re-appropriated in the subsequent year in order to be available for expenditure; and
WHEREAS the results of operations after consideration of expenditures, accruals, encumbrances,
appropriations carried forward, transfers, adjustments, and closing entries was a favorable variance of
total resources over total expenditures as reflected in the attached schedule; and
WHEREAS FY 2009 General Fund actual revenue was less than budgeted revenue by $13,838,837.37;
and
WHEREAS FY 2009 General Fund actual operating expenditures and transfers were less than budgeted
operating expenditures and transfers by $35,526,593.69 rendering overall operating expenditures than
expenditures for FY 2009 by $21,687,756.32; and
WHEREAS the following reserves have been created:
     - $117,868.62 to cover pre-payments,
     - $266,350 for payroll and petty cash; and
WHEREAS $234,678.15 for General Fund/General Purpose operations to cover encumbrances obligated
through the end of FY 2009 has been designated; and
WHEREAS a designated fund balance, in the amount of $9,000,000 has been created in order to meet
future capital facility needs of the County; and
WHEREAS due to recent economic conditions which may lead to increased appeals of property
assessments, a designated fund balance of $1,750,000 has been established to cover expenses related
to Tax Tribunal appeals; and
WHEREAS subsequent to the events of September 11, 2001, the Administration reviewed the security of
County facilities and operations and a designated fund balance of $2,985,000 has been established to
continue funding anticipated improvements recommended as a result of the study; and
WHEREAS the rates charged by the Information Technology fund do not include an amount required to
replace fully depreciated equipment, and $5,000,000 has been designated to continue to build a
replacement fund for future technology replacements; and
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WHEREAS pursuant to M.R. #89283, the Board of Commissioners established a Designated Fund for
Operational Improvements, which makes available a source of funds departments can use to support
innovative programs, providing the Board approves the use of the fund balance and the requesting
department commits to a pay-back within six (6) years of the original allocation. The designated fund
balance of $3,000,000 is restored from current year favorability, resulting from efficiencies achieved due
to implementation of approved projects; and
WHEREAS $2,881,576 of previously budgeted but unspent funds, designated for carry forwards in the
General Fund/General Purpose is requested to be appropriated to departments for use, as reviewed and
recommended by the Department of Management and Budget; and
WHEREAS a $250,000 designated fund balance has been created for the Board of Commissioners to
utilize for special projects; and
WHEREAS the Equalization Division and Purchasing Division have participated in the Cost Reduction
Incentive Management Program (CRIMP); a designated fund balance of $38,522 is required to provide
the incentive commitment to these divisions based on verified annual savings; and
WHEREAS due to the increase in the number of data security threats, a designated fund balance has
been continued at $1,500,000 to fund the technology necessary to protect data privacy and security; and
WHEREAS efforts are continuing to seek out new grants to assist Oakland County with enhancing
operations and new programs, a designated fund balance has been set aside for new grant opportunities
in the amount of $500,000; and
WHEREAS a designated fund balance of $2,855,400 is established for general system enhancements for
county computing systems to replace Legacy systems and current systems to be reviewed and
appropriated as specific projects in the future; and
WHEREAS a designated fund balance, in the amount of $500,000, has been created to cover anticipated
Human Resources – Legal Expenses, including actuary costs, court reporters and expert witness fees
associated with union grievances and Sheriff’s Deputy Public Act 312 process; and
WHEREAS a designated fund balance, in the amount of $500,000, has been created for the Human
Resources Department to conduct a County-wide salary structure study and workforce planning; and
WHEREAS the Board of Commissioners has established a Criminal Justice Coordinating Unit, and
$500,000 has been designated to fund the collection of data and various new programs; and
WHEREAS a designation of $10,000,000 has been established for FY 2010, $10,000,000 for FY 2011
and $10,000,000 for FY 2012, to cover potential increases in the Annual Required Contribution (ARC) in
the event that the County’s actuary determines an increase must be made to the VEBA fund as a result
from inclusion of currently unsettled unions; and
WHEREAS a designated fund balance, in the amount of $600,000, has been continued to fund the
development of alternative programs related to reducing jail population in Oakland County; and
WHEREAS in the event of a Public Health outbreak or disaster, the County has taken a proactive
approach by establishing a designated fund balance for pandemic response, in the amount of
$1,500,000, for response to such an occurrence; and
WHEREAS $500,000 is being designated in anticipation of future millage rate increases which could be
approved by the Internal Revenue Service and possible increase in fuel costs for buildings, vehicles, etc.;
and
WHEREAS as a result of the County’s Business Continuity Planning Process, each department has
identified additional supplies that must be procured in the event of an emergency, and a $300,000
designation is created to procure these supplies; and
WHEREAS based on a study by the Department of Human Resources, an additional $320,000 is
designated to cover emergency salary costs for FY 2010; and
WHEREAS $20,000 is designated to continue the Fire Records Management System which provides for
tracking Emergency Service information; and
WHEREAS a designation of $300,000 is created to fund various County events and provide quality of life
initiatives to attract new businesses; and
WHEREAS it is anticipated a significant amount of property taxes will be uncollectible and the General
Fund may need to reimburse the DTRF for its share of uncollected taxes, and a designation of
$1,500,000 is created for this purpose; and
WHEREAS $2,091,151 is designated to cover potential shortfall in State reimbursements; and
WHEREAS $1,000,000 is designated for maintenance on PeopleSoft financial and human resource
software; and
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WHEREAS $1,186,292 was transferred into the General Fund due to the closing of the Sheriff Aviation
fund is designated for this purpose; and
WHEREAS $123,539 was transferred into the General Fund due to the closing of the Jail Commissary
fund is designated for the benefit of inmates; and
WHEREAS $3,928,942 was returned from the Road Commission for Oakland County Tri-Party program
which is designated for future Tri-Party projects; and
WHEREAS an additional $1,000,000 is designated for the Tri-Party program; and
WHEREAS per M.R. #03043 a Budget Transition Account was created to account for appropriation
reductions and revenue enhancements implemented in FY 2003 and FY 2004, to mitigate the severity of
budget reductions required to balance the County's budget, and it is recommended this be continued for
FY 2011 and beyond; the designated fund balance has been updated to reflect the balance of funds
available for future years $28,114,799 as follows:
         Budget Transition – County Executive              $ 5,401,126
         Budget Transition – Circuit Court                      213,551
         Budget Transition – District Court                        -0-
         Budget Transition – Probate Court                      176,301
         Budget Transition – Sheriff                          2,835,521
         Budget Transition – Prosecuting Attorney               318,362
         Budget Transition – BOC                                  1,555
         Budget Transition – Water Resources Comm.              252,696
         Budget Transition – Clerk                              312,169
         Budget Transition – Treasurer                           53,472
         Budget Transition – General                         18,550,046; and
WHEREAS it recommended the FY 2010 designation of $38,522 for CRIMP (GL# 371380) be
appropriated with $35,420 to Equalization Division and $3,102 to Purchasing Division; and
WHEREAS M.R. #08279 appropriated $15,000 transitional funding for the Prosecuting Attorney in a Non-
Departmental account and the appropriation would more appropriately be budgeted within the
Prosecuting Attorney’s Office 2009 budget; and
                                                                         nd
WHEREAS a budget amendment is recommended to the 2009 52 District Court budget to reflect
                                                nd
additional revenue which reduces the 2009 52 District Court budget task budget; and
WHEREAS a budget amendment is recommended to recognize receipt from the State of Michigan for
Convention Facility Tax that is $500,007 more than 2009 amended budget and that one-half is to be used
for Health Division Substance Abuse programs; and
WHEREAS in reviewing the salary and fringe benefit costs for the Sheriff’s Office at year end closing,
Salaries and Fringe Benefits were over budget by $4,858,784 as a result of Act 312 Arbitration and it was
determined that a budget amendment is recommended which recognizes additional 2009 departmental
revenue and favorability within the Sheriff’s Office and various Non-Departmental accounts; and
WHEREAS on September 2, 2009, the Parks and Recreation Commission approved 2009 budget
amendments within the Park and Recreation fund and is requesting Board of Commissioners approval;
and
WHEREAS donations have been received by Oakland County restricted funds totaling $144,942.58 which
includes the following funds: Community Partnerships $35,340.50, Animal Control $89,783.60, Children’s
Village Donation $13,644.84, Medical Examiner Family Grief Counseling $1,757.18, No Haz Waste
Donations $17,160, and Probate Court Trust $800; and
WHEREAS the County has received additional donations for the Oakland County Lady Justice
Restoration Project in the amount of $1,775; and
WHEREAS the Oakland County Department of Economic Development has attempted to collect funds
from loan recipients for the Community Development Block Grant and the Home Investment Partnership
Act accounts and recommends $549,556.96 be written off; and
WHEREAS the Department of Information Technology has attempted to collect funds from customers
who utilized Access Oakland and recommends the delinquent Access Oakland accounts totaling $871.05
be written off.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the report of operations
for Fiscal Year 2009 and the results of operations by line-item after inclusion of expenditures, accruals,
encumbrances, appropriations carried-forward, transfers, adjustments, and closing entries are approved.

                                                   854
Commissioners Minutes Continued. December 9, 2009

BE IT FURTHER RESOLVED that various line items in the FY 2010 General Fund/General Purpose
Budgets be amended to include $234,678.15 in outstanding purchase orders (encumbrances) as detailed
in the attached schedule.
BE IT FURTHER RESOLVED that adjustments to the Undesignated General Fund Balance be approved
as follows:
Balance Before Adjustments (result from FY 2009 activity)              $21,687,756.32
         Add to General Fund Balance:
         Prior Years Encumbrances                                      $ 157,827.32
         Decrease in Prepaids                                                16,407.54
         Decrease in Payroll and Petty Cash                                      865.00
         VEBA 2009                                                       10,000,000.00
         Water Resource Comm - Initiative Loan Repayment                    475,000.00
         311 Contact Center                                               1,500,000.00
         Fire Records                                                        30,000.00
         Clerk Marriage License Software/Query System                         54,800.00
         Clerk e-Filing                                                      50,000.00
         ERP Communications Backup System                                    25,000.00
         Clerk Election Supplies                                             60,000.00
         Budget Transition – District Court                                    5,075.00
         Sheriff Call Taking Equipment                                      350,000.00
                  Adjusted Total Including Additions                   $34,412,731.18
         Deduct from General Undesignated Fund Balance:
         New Grant Match Opportunities                                 $( 300,000.00)
         Carry Forwards                                                 (      47,708.61)
         Anticipated State Shortfall                                    ( 1,308,849.00)
         HR Legal                                                       ( 250,000.00)
         VEBA 2011                                                       (10,000,000.00)
         VEBA 2012                                                       (10,000,000.00)
         Pandemic Response                                              ( 311,000.00)
         Sheriff Aviation                                                ( 1,186,292.00)
         Jail Commissary                                                ( 123,539.00)
         RCOC Tri-Party                                                  ( 3,928,942.00)
         RCOC Tri-Party Supplemental                                    ( 1,000,000.00)
         Budget Transition –County Exec                                 ( 4,197,137.00)
         Budget Transition – Circuit Court                              ( 206,818.00)
         Budget Transition – Probate Court                              ( 176,301.00)
         Budget Transition – Sheriff                                    ( 2,593,509.00)
         Budget Transition – Prosecuting Attorney                       ( 310,084.00)
         Budget Transition – BOC                                        (       1,555.00)
         Budget Transition – WRC                                        ( 178,359.00)
         Budget Transition – Clerk                                      ( 312,081.00)
         Budget Transition – Treasurer                                  (      46,003.00)
         Budget Transition – General                                    ( 297,457.00)
                  Total Subtractions to General Fund Balance           $(36,775,634.61)
         Adjusted Total including Additions/Subtractions                ( 2,362,903.43)
Undesignated Fund Balance at Beginning of Year                         $ 2,713,991.24
Undesignated Fund Balance at the End of Year                           $     351,087.81
BE IT FURTHER RESOLVED that $2,881,576 from the FY 2010 Designated Fund Balance for Carry
Forwards be appropriated in FY 2010, as specified below, for departmental use:
         GENERAL FUND (#10100)
         Revenue
         9010101-196030-665882            Planned use of Fund Balance           $2,881,576
                  Total General Fund Revenue                                    $2,881,576




                                               855
Commissioners Minutes Continued. December 9, 2009

       Expenditures
       1060101-133010-730863 HHS Hosp and Doctors                               $1,000,000
       1090108-171030-730072 Econ Dev Advertising                                    3,084
       1090108-171115-730072 Econ Dev Advertising                                   75,000
       1090108-171030-731458 Econ Dev Prof Serv                                     71,776
       1090201-171115-730205 Econ Dev PEDS Bus Recruitment                          80,000
       1090201-171000-731458 Econ Dev PEDS Prof Serv                               105,000
       7010101-182025-731990 Treasurer Transition Funds                              2,910
       4010101-182025-731990 Prosecuting Attorney Transition Funds                  11,921
       4010101-122050-750170 Prosecuting Attorney Expendable Equip                   5,434
       3010101-121100-731822 Circuit Court Special Projects                        179,958
       3010101-121100-750154 Circuit Court Expendable Equip                         69,085
       3040403-124015-750154 Probate Court Expendable Equip                          7,233
       3040403-124015-750168 Probate Court FA Expendable Equip                      12,000
       4030601-110040-750070 Sheriff Radio Comm head sets                           14,985
       4030601-110000-750070 Sheriff Radio Comm head sets                           16,515
       4030901-110040-750203 Sheriff forensic lab                                  185,000
       4030601-116200-750581 Sheriff uniforms                                        7,000
       9010101-134860-788001-20221 Due to Health Fund                            1,034,675
                Total General Fund Expenditures                                 $2,881,576
       GENERAL FUND (#20221)
       Revenue
       909101-134860-695500-10100 Due from General Fund                         $1,034,675
                Total Health Fund Revenue                                       $1,034,675
       Expenditures
       1060261-134790-731682 Health Satellite Centers                           $1,034,675
                Total Health Fund Expenditures                                  $1,034,675
BE IT FURTHER RESOLVED that $38,522 from the FY 2010 Designated Fund Balance for CRIMP
program be appropriated as follows:
       GENERAL FUND (#10100)
       Revenue
       9010101-196030-665882            Planned Use of Fund Balance             $ 38,522
                Total Revenues                                                  $ 38,522
       Expenditures
       1020501-186020-731241 Equalization Division Misc                             35,420
       1020401-182090-731241 Purchasing Division Misc                                3,102
                Total Expenditures                                              $ 38,522
BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by Department of
Management and Budget and stated above are authorized to be written off.
BE IT FURTHER RESOLVED that donations be accepted for the Oakland County Lady Justice
Restoration Project and recognize donations in Restricted Funds.
BE IT FURTHER RESOLVED that the FY 2009 budget be amended pursuant to Schedules A and B.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
                                                        FINANCE COMMITTEE

Copy of Fiscal Year 2009 Year End Report on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*REPORT (MISC. #09274)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADDITIONAL
ACTIONS TO INCREASE EFFICIENCY AND REDUCE COST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:

                                                   856
Commissioners Minutes Continued. December 9, 2009

The Human Resources Committee having reviewed MR #09274 on December 2, 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 #09274
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADDITIONAL
ACTIONS TO INCREASE EFFICIENCY AND REDUCE COST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Health and Human Services/Health Division has proactively examined its
operations and identified opportunities for cost savings and increased efficiency; and
WHEREAS to realize these savings it has been determined that the Child Health Conference (Outreach)
program can be closed, involving the deletion of one (1) GF/GP funded PTNE 1,000 hour per year
Physician position, the transfer of three (3) FTE Auxiliary Health Worker positions to other programs and
the change of funding from GF/GP to SR to utilize available CPBC grant funding; and
WHEREAS the transfer of Auxiliary Health Worker positions is proposed to increase County services in
the areas of WIC, TB Control, and Infant health; and
WHEREAS the Outreach organizational unit (1060238) is no longer needed and can be deleted.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
proposed actions of the Department of Health and Human Services/Health Division as follows:
    1. To delete one (1) GF/GP Physician, (PTNE 1,000 hours/year), position #1060238-07611
         (Outreach unit).
    2. To transfer the following Auxiliary Health Worker positions as follows:
         Position #       From Location     To Location                 From Fund           To Fund
         01328            1060238           1060284 (WIC)              GF/GP (20221)         SR (28553)
         01752            1060238           1060235 (TB Control)        GF/GP (20221)        SR (28556)
         06824            1060238           1060291 (Infant Promotion) GF/GP (20221)         SR (28563)
    3. To delete the Outreach (Child Heath Conference) unit (#1060238).
    4. To adjust operating expenses to reflect closure of the Child Health Conference program.
BE IT FURTHER RESOLVED that the Fiscal Year 2010 Adopted Budget be amended to reflect the
reorganization, position changes, and funding changes listed above.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
                                                           GENERAL GOVERNMENT COMMITTEE

Copy of Grant Award Health Division CPBC Grant Budget Amendments FY 2010, FY 2011 and FY 2012
on file in County Clerk’s office.

FISCAL NOTE (MISC. #09274)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADDITIONAL
ACTIONS TO INCREASE EFFICIENCY AND REDUCE COST
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 Department of Health and Human Services/Health Division has examined its operations and
         identified opportunities for cost savings and increased efficiency by closing the Child Health
         Conference (Outreach) program for a total annual savings of $305,525 for FY 2010 and $305,496
         for both FY 2011 and FY 2012.
    2. The changes include the deletion of one (1) GF/GP Physician, Fund 20221 (PTNE 1,000
         hours/year), position (#07611, Outreach Unit 1060238).

                                                  857
Commissioners Minutes Continued. December 9, 2009


    3. Also, the following three (3), General Fund General Purpose Auxiliary Health Worker positions
       will be transferred from Fund 20221, Dept. 1060238 to:
             Dept. 1060284 (WIC), (Position #01328) to Special Revenue Fund 28553
             Dept. 1060235 (TB Control), (Position #01752) to Special Revenue Fund 28556
             Dept. 1060291 (Infant Promotion), ( Position #06824) to Special Revenue Fund 28563
    4. An amendment to the FY 2010, FY 2011 and FY 2012 budget per attached Schedule A.
                                                       FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09291
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPROVAL OF FIFTY-SECOND DISTRICT COURT
MAGISTRATE NICOLAS CAMARGO
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-
Second District Court; and
WHEREAS the Judges of the Fifty-Second District Court have appointed Nicolas Camargo to serve as a
magistrate for the Fifty-Second District Court; and
WHEREAS MCL 600.8501(1) provides that magistrate appointments are to be approved by the County
Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the appointment of Nicolas Camargo to act as a magistrate for the Fifty-Second District Court.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
                                                      GENERAL GOVERNMENT COMMITTEE

Copy of Letter and Resume from Nicolas Camargo on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – WOMEN’S COMMISSION FOR OAKLAND COUNTY –
PROGRESS REPORT FOR 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed and accepted the Women’s Commission for
Oakland County – Progress Report for 2009 as required by MR #09001, hereby recommends the
acceptance of this report.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                    GENERAL GOVERNMENT COMMITTEE

Copy of Women’s Commission for Oakland County Progress Report on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - STANDING COMMITTEE MEMBERSHIP FOR 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:

                                                  858
Commissioners Minutes Continued. December 9, 2009

The General Government Committee hereby recommends reappointments to the Board of
Commissioners’ Standing Committees for 2010 as detailed below:
    FINANCE COMMITTEE: Middleton (Chair), Gingell (Vice Chair), Greimel (Minority Vice Chair),
    Douglas, Long, Potter, Potts, Taub, Zack, Coulter, Woodward
    GENERAL GOVERNMENT COMMITTEE: Long (Chair), Taub, (Vice Chair), Gershenson, (Minority
    Vice Chair), Scott, Jacobsen, Potts, Capello, Runestad, Hatchett, Nash, McGillivray, Schwartz
    HUMAN RESOURCES COMMITTEE: Douglas (Chair), Capello (Vice Chair), Coleman (Minority Vice
    Chair), Middleton, Potter, Gosselin, Gingell, Hatchett, Jackson
    PLANNING AND BUILDING COMMITTEE: Scott (Chair), Gosselin (Vice Chair), Nash (Minority Vice
    Chair), Jacobsen, Capello, Runestad, Burns, Schwartz
    PUBLIC SERVICES COMMITTEE: Potter (Chair), Runestad (Vice Chair), Burns (Minority Vice
    Chair), Middleton, Potts, Taub, Zack, McGillivray
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                           GENERAL GOVERNMENT COMMITTEE

(The vote for this motion appears on page 996.)

*REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2010 RULES FOR THE OAKLAND COUNTY BOARD OF
COMMISSIONERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the proposed rules for the Oakland County Board
of Commissioners on November 30, 2009, hereby recommends the adoption of the attached rules, with
no changes from the 2009 adopted Board Rules, as the permanent rules for the Oakland County Board of
Commissioners for 2010.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                      GENERAL GOVERNMENT COMMITTEE

Copy of Rules for the Oakland County Board of Commissioners 2010 Edition on file in County Clerk’s
office.

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09275
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
                                                                                      th
IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 4 QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1
- 21 provides a process for departments and employees to request a review of the salary grade
placement of classifications; and
WHEREAS the 4th Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process;
and
WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary
grade changes resulting from this Salary Administration Quarterly Report recommendations; and
WHEREAS funding is available through Community & Home Improvement CDBG grants to implement
salary grade changes resulting from recommended Special Revenue salary grade changes.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes
implementation of the Salary Administration Plan 4th Quarterly Report for FY 2009, which includes the
following classification changes:
                                                  859
Commissioners Minutes Continued. December 9, 2009

                  FROM                    SALARY TO                             SALARY
POSITION #        CLASSIFICATION          GRADE CLASSIFICATION                  GRADE
1090680-03354     Community & Home                Senior Community &
                  Improvement Specialist  11     Home Improvement Specialist         12
4030215-03273     Office Supervisor II    10     Supervisor – Sheriff’s Records       12
6010132-03424                             13
                  Supervisor – Inspection Svcs   Supervisor – Construction
                                                  Support & Drain Maintenance         14
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                HUMAN RESOURCES COMMITTEE

FISCAL NOTE (MISC. #09275)
BY: Finance Committee, Tom Middleton, Chairperson
                                                                                         th
IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 4 QUARTERLY
REPORT FOR FY 2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The Human Resources Department, with approval from the Board of Commissioners, provides a
         process for departments and employees requesting a review of the salary grade placement
         classifications for Grades 1 – 21.
    2. One (1) General Fund Office Supervisor II position in the Sheriff’s Administration Division will be
         upgraded from a grade 10 to a grade 12 at an annual cost of $3,975 and $3,058 for the
         remainder of FY 2010 in salaries and fringe benefits.
    3. One (1) Supervisor – Inspection Services position in the Water Resources Commissioner’s
         Administration Division will be upgraded from a grade 13 to a grade 14 at an annual cost of $519
         and $399 for the remainder of FY 2010 in salaries and fringe benefits.
    4. One (1) Special Revenue Funded Community and Home Improvement Specialist position in the
         Community and Home Improvement Division will be upgraded from a grade 11 to a grade 12 at
         an annual cost of $4,668 and $3,590 for the remainder of FY 2010 in salaries and fringe benefits.
    5. The cost of the Community and Home Improvement Specialist position will be funded by the
         Community Development Block Grant Fund (#29701).
    6. The classification upgrades will be effective December 19, 2009.
    7. The following budget amendment is recommended to the FY 2010, FY 2011 and FY 2012
         Budgets:
         GENERAL FUND (#10100)                                          FY 2010      FY 2011 FY 2012
         Expenditures
         9090101-196030-740037 Non-Dept – Class & Rate Change ($3,457)               ($4,494) ($4,494)
         4030215-112580-702010 Sheriff / Admin – Salaries                   283          368         368
         4030215-112580-722740 Sheriff / Admin – FICA                       214          279         279
         4030215-112580-722750 Sheriff / Admin – Retirement                 677          881         881
         6010132-155030-702010 WRC/Admin – Salaries                       2,167        2,817       2,817
         6010132-155030-722740 WRC/Admin – FICA                              24            30         30
         6010132-155030-722750 WRC/Admin – Retirement                        92          119         119
                                           Total                          $ -0-      $     -0-    $ -0-
                                                          FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09292
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES - FISCAL YEAR 2010 COLLECTIVE BARGAINING AGREEMENT
EXTENSION FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.) COUNCIL 25 LOCAL 2437
To the Oakland County Board of Commissioners
                                                   860
Commissioners Minutes Continued. December 9, 2009

Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and AFSCME Council 25 Local 2427 have negotiated an extension of
the current collective bargaining agreement for Fiscal Year 2010 for approximately 96 employees; and
WHEREAS a one year agreement has been reached for the period October 1, 2009 through September
30, 2010; and
WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and
WHEREAS this agreement provides for the elimination of the $300 deferred compensation match
effective January 2010; and
WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and
WHEREAS this agreement has been reviewed by your Human Resources Committee, which
recommends its approval.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and AFSCME Council 25 Local 2437 covering the period of
October 1, 2009, through September 30, 2010, and that the Board Chairperson, on behalf of the County
of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                         HUMAN RESOURCES COMMITTEE

Copy of Memorandum of Agreement on file in County Clerk’s office.

FISCAL NOTE (MISC. #09292)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES – FISCAL YEAR 2010 COLLECTIVE BARGAINING AGREEMENT
EXTENSION FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.) COUNCIL 25 LOCAL 2437
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. Oakland County and the AFSCME Council 25 Local 2437 have negotiated an extension of the
         current collective bargaining agreement for the period October 1, 2009 through September 30,
         2010 for approximately 96 employees within the Circuit Court/Family Division.
    2. The agreement includes a 2.5% wage reduction for FY 2010, and an elimination of the $300
         deferred compensation match, effective January 2010.
    3. The wage reduction and elimination of the $300 deferred compensation match total
         approximately $194,573 for FY 2010, which is reflected in the FY 2010 Budget.
    4. No budget amendment is recommended.
                                                         FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09293
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 WAGE AND BENEFIT RE-
OPENER FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION
(O.C.E.U.)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Oakland County Employee Union (O.C.E.U.), have been
negotiating a wage and benefit re-opener covering approximately 289 employees; and
WHEREAS a one year agreement has been reached for the period October 1, 2009 through September
30, 2010, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and
WHEREAS this agreement provides for the elimination of the $300 deferred compensation match
effective January 2010; and
                                                  861
Commissioners Minutes Continued. December 9, 2009

WHEREAS this agreement has been reduced to writing in the form of a memorandum of agreement; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Oakland County Employees Union, covering the
period of October 1, 2009, through September 30, 2010, and that the Board Chairperson on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                       HUMAN RESOURCES COMMITTEE

Copy of Memorandum of Agreement and Bi-Weekly Salaries FY 2010 for Animal Control; Maintenance,
Custodial and Grounds; Sheriff’s Department Clerical and Maintenance Employees; Parks and
Recreation Department Maintenance Employees; and Water Resources Commissioner on file in County
Clerk’s office.

FISCAL NOTE (MISC. #09293)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 WAGE AND BENEFIT RE-OPENER
FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION (O.C.E.U.)
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 County of Oakland and the Oakland County Employee Union (O.C.E.U.), of approximately
         289 employees, have negotiated a one-year agreement through September 30, 2010.
    2. This agreement provides for a 2.5% wage reduction for Fiscal Year 2010, which totals
         approximately $464,055 (Salaries - $328,883; Fringes - $135,172), and the elimination of the
         $300 deferred compensation match, effective January 1, 2010.
    3. The FY 2010 Adopted Budget incorporated the 2.5% reduction and reduction in deferred
         compensation. Therefore, no budget amendment is recommended.
                                                       FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09294
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 WAGE AND BENEFIT RE-
OPENER FOR TEAMSTERS STATE, COUNTY AND MUNICIPAL WORKERS LOCAL 214 (OAKLAND
COUNTY SHERIFF’S OFFICE - CORRECTIONAL HEALTH NURSES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Teamsters State, County and Municipal Workers Local 214
(Oakland County Sheriff’s Office – Correctional Health Nurses), have been negotiating a wage and
benefit re-opener covering approximately 16 employees; and
WHEREAS a one year agreement has been reached for the period October 1, 2009 through September
30, 2010, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and
WHEREAS this agreement provides for the elimination of the $300 deferred compensation match
effective January 2010; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and Teamsters State, County and Municipal Workers Local
214 (Oakland County Sheriff’s Office – Correctional Health Nurses), covering the period of October 1,

                                                  862
Commissioners Minutes Continued. December 9, 2009

2009, through September 30, 2010, and that the Board Chairperson on behalf of the County of Oakland,
is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                     HUMAN RESOURCES COMMITTEE

Copy of Memorandum of Agreement on file in County Clerk’s office.

FISCAL NOTE (MISC. #09294)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT– FISCAL YEAR 2010 WAGE AND BENEFIT RE-
OPENER FOR TEAMSTERS STATE, COUNTY AND MUNICIPAL WORKERS LOCAL 214 (OAKLAND
COUNTY SHERIFF”S OFFICE – CORRECTIONAL HEALTH NURSES)
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 County of Oakland and the Teamsters State, County and Municipal Workers Local 214
            (approximately 18 Oakland County Sheriff’s Office – Correctional Health Nurses), Bargaining
            Unit #049 have agreed to a contract agreement for the one (1) year period of October 1, 2009
            through September 30, 2010.
         2. The agreement provides a 2.5% wage reduction for Fiscal Year 2010, effective October 1,
            2010, and eliminates the $300 deferred compensation match effective January 2010.
         3. The wage reduction equals approximately $42,370 in salaries and fringe benefits.
         4. The 2.5% wage reduction and reduction in deferred compensation is included in the FY 2010
            Budget, and therefore, no budget amendment is recommended.
                                                       FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09295
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 WAGE AND BENEFIT RE-
OPENER FOR EMPLOYEES REPRESENTED BY THE GOVERNMENTAL EMPLOYEES LABOR
COUNCIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Government Employees Labor Council, have been negotiating
a wage and benefit re-opener covering approximately 115 employees; and
WHEREAS a one year agreement has been reached for the period October 1, 2009 through September
30, 2010, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and
WHEREAS this agreement provides for the elimination of the $300 deferred compensation match
effective January 2010; and
WHEREAS the agreement has been reviewed by your Human Resources Committee, which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the Governmental Employees Labor Council, covering
the period of October 1, 2009, through September 30, 2010, and that the Board Chairperson on behalf of
the County of Oakland, is authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                         HUMAN RESOURCES COMMITTEE

Copy of Memorandum of Agreement on file in County Clerk’s office.

                                                  863
Commissioners Minutes Continued. December 9, 2009

FISCAL NOTE (MISC. #09295)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2010 WAGE AND BENEFIT RE-
OPENER FOR EMPLOYEES REPRESENTED BY THE GOVERNMENTAL EMPLOYEES LABOR
COUNCIL
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 County of Oakland and the Government Employees Labor Council (approximately 115
            Children’s Village employees) have negotiated a one year agreement beginning October 1,
            2009 through September 30, 2010.
         2. This agreement provides for a 2.5% wage reduction for Fiscal Year 2010, which totals
            approximately $217,545 (Salaries - $134,674; Fringes - $82,871), and the elimination of the
            $300 deferred compensation match, effective January 1, 2010.
         3. The FY 2010 Adopted Budget incorporated the 2.5% reduction and reduction in deferred
            compensation. Therefore, no budget amendment is recommended.
                                                       FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09278
BY: Planning & Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER RESOLUTION TO ESTABLISH OAKLAND COUNTY
HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY
HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Charter Township of Highland (the "Township") is in urgent need of a well water supply
system and facilities constituting a part of the system as described in the form of the proposed contract
hereinafter mentioned, in order to promote the health and welfare of the residents thereof, which water
supply facilities and system also would benefit the County and its residents, and the parties to said
proposed contract have concluded that such facilities can be provided and financed most economically
and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of
Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and
WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract
for the acquisition, construction and financing of the water supply system facilities to serve the Township
and for the payment of the cost thereof by the Township, with interest, and the County is then authorized
to issue its bonds in one or more series to provide the funds necessary therefor; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the County Water Resources Commissioner, County Agency, party of the first
part, and the Township, party of the second part (the "Contract"), which Contract provides for the
acquisition, construction and financing of the water supply system facilities and which Contract is
hereinafter set forth in full; and
WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners,
preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply
system facilities; and
WHEREAS this Board of Commissioners desires to establish the water supply system and to proceed
with the water supply system facilities and the approval and execution of the Contract to acquire,
construct and finance the water supply system facilities as provided in the Contract.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows:
     1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
         Commissioners by majority vote of its members-elect does hereby approve, under and pursuant
         to Act 342, the establishment of the Oakland County Highland Township Well Water Supply
         System (the "System"), which shall consist of (i) water supply system facilities, as specified and to
                                                     864
Commissioners Minutes Continued. December 9, 2009

         be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided
         thereby; that the Project and the System shall serve the Township; that the Oakland County
         Water Resources Commissioner is hereby designated and appointed as the "County Agency" for
         the Project and the System; that the County Agency shall have all the powers and duties with
         respect to the Project and the System as are provided by law and especially by Act 342; and that
         all obligations incurred by the County Agency with respect to the Project and the System, unless
         otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived
         from the Township as hereinafter provided.
    2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST.
         The preliminary plans and specifications for the Project as contained in Exhibits A and B to the
         Contract and the estimates of $1,200,000 as the cost thereof and of 30 years and upwards as the
         period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved
         and adopted.
    3. APPROVAL OF CONTRACT. The Oakland County Highland Township Well Water Supply
         System Contract between the County, by and through the County Water Resources
         Commissioner, party of the first part, and the Township, party of the second part, which Contract
         has been submitted to this Board of Commissioners and attached as Exhibit A, is hereby
         approved and adopted, and the County Water Resources Commissioner is hereby authorized
         and directed to execute and deliver the same for and on behalf of the County, in as many
         counterparts as may be deemed advisable.
    4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be
         in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                          PLANNING AND BUILDING COMMITTEE

Copy of Oakland County Highland Township Well Water Supply System Contract on file in County Clerk’s
office.

FISCAL NOTE (MISC. #09278)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION TO ESTABLISH OAKLAND COUNTY
HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY
HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. This resolution establishes the Oakland County Highland Township Well Water Supply System,
         appoints the Oakland County Water Resources Commissioner as “County Agency” for the project
         and system and approves the contract for Oakland County to proceed with the Project for
         Highland Township.
    2. The Project can be financed most economically and efficiently by the County through the exercise
         of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”).
    3. The Project consists of constructing an urgently needed well water supply system with facilities
         constituting part of the system that will promote the public health and welfare of the residents.
    4. The estimated cost of the project is $1,200,000 with an upwards useful life of 30 years or more.
    5. The Charter Township of Highland shall pay Oakland County for the entire cost of the Project not
         defrayed by grants or other funds that may become available.
    6. A separate resolution will be forthcoming requesting approval of the issuance of the Bonds and
         Oakland County’s full faith and credit on the Bonds.
    7. No County general funds shall be appropriated to this Project.
                                                            FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

                                                   865
Commissioners Minutes Continued. December 9, 2009

*MISCELLANEOUS RESOLUTION #09279
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – DONOHUE DRAINAGE DISTRICT DRAIN BONDS
FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Donohue Drain, by resolution adopted on October 20, 2009,
authorized and provided for the issuance by the Donohue Drainage Districts of its Drain Bonds, Series
2009 (the "Bonds") in the aggregate principal amount of not to exceed $930,000 to defray part of the cost
of the Donohue Drain; and
WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per
annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and
will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland
County Water Resources Commissioner as Chairman of the Drainage Board for the Donohue Drain; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution
pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of
and interest on the Bonds (the "Bonds"); and
WHEREAS the Donohue Drain is necessary to protect and preserve the public health and, therefore, it is
in the best interest of the County that the Bonds be sold.
NOW THEREFORE BE IT RESOLVED:
     1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended,
         the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of
         the County for the prompt payment of the principal of and interest on the Bonds, and agrees that,
         in the event the Charter Township of West Bloomfield or the County shall fail or neglect to
         account to the County Treasurer of the County for the amount of any special assessment
         installment and interest when due, the amount thereof shall be advanced immediately from
         County funds, and the County Treasurer is directed to make such advancement to the extent
         necessary.
     2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
         County funds all or any part of an installment and Interest, it shall be the duty of the County
         Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all
         remedies permitted or authorized by law for the reimbursement of such sums so paid.
     3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is
         authorized to file with the Department of Treasury of the State of Michigan on behalf of the
         County an Application for State Treasurer's Approval to Issue Bonds with respect to the Bonds.
     4. The County Treasurer is authorized to approve the circulation of a nearly final and final official
         statement for the Bonds, to cause the preparation of those portions of the nearly final and final
         official statement that pertain to the County, and to do all other things necessary for compliance
         with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule").
         The County Treasurer is authorized to execute and deliver such certificates and to do all other
         things that are necessary to effectuate the sale and delivery of the Bonds.
     5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of
         the County (i) a certificate of the County to comply with the requirements for a continuing
         disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
         amendments to such certificate from time to time in accordance with the terms of such certificate
         (the certificate and any amendments thereto are collectively referred to herein as the "Continuing
         Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and
         carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
         failure of the County to comply with and carry out the provisions of the Continuing Disclosure
         Certificate shall be as set forth therein.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                           PLANNING AND BUILDING COMMITTEE




                                                     866
Commissioners Minutes Continued. December 9, 2009

FISCAL NOTE (MISC. #09279)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - DONOHUE DRAINAGE DISTRICT DRAIN BONDS -
FULL FAITH AND CREDIT RESOLUTION
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 Drainage Board for the Donohue Drain is requesting that the Board of Commissioners
            pledge the full faith and credit of the County of Oakland for the payment of principal and
            interest on the Donohue Drainage District Drain Bonds, Series 2009 pursuant to the Drain
            Code of 1956 as amended.
         2. The bond issue is not to exceed $930,000 and is to be used to defray part of the cost of
            constructing the Donohue Drain.
         3. The Bonds shall bear an interest rate not to exceed 6% per annum, will be in aggregate
            principal amounts, will mature in such years and principal amounts and will be callable prior
            to maturity as determined necessary by the Drainage Board for the Donohue Drain.
         4. The statutory limit for County debt is $6,785,898,614 (10% of State Equalized Value). As of
            October 21, 2009, the total pledged debt is $315,325,399 or approximately 0.46468% of the
            S.E.V.
         5. The estimated project cost of $930,000 will be apportioned to the following Public
            Corporations as follows with $830,304 or 89.28% to the Charter Township of West Bloomfield
            and $99,696 or 10.72% to Oakland County for county roads.
         6. The Drainage District will be the primary obligor with Oakland County as secondary obligor.
         7. The Public Corporations will pay for the bonds through a Special Assessment Roll for the
            Donohue Drain.
         8. The Oakland County portion of the debt service payments will be included in the Non-
            Departmental current drain assessments account.
         9. No budget amendment is required.
                                                          FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09296
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – FY 2009 HOUSING COUNSELING GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the
Department of Economic Development and Community Affairs, Division of Community and Home
Improvement federal housing counseling grant funding in the amount of $55,976.00 for the fiscal period
October 1, 2009 through September 30, 2010; and
                        th
WHEREAS this is the 15 year of the grant; and
WHEREAS the grant award of $55,976.00 represents A 51% variance from the application of
$110,550.00, and an increase of $30,976.00 from last year’s award of $25,000.00; and
WHEREAS the grant provides a full range of housing counseling services, information and assistance to
housing consumers in improving their housing conditions and meeting the responsibilities of home
ownership and tenancy including information for first time homebuyers, pre-occupancy, rental
delinquency and mortgage default assistance, Home Equity Conversion Mortgage Program, home
improvement and rehabilitation resources, displacement and relocation resources and pre-foreclosure
assistance; and
WHEREAS the County intends to use the grant to supplement Community Development Block Grant
personnel funds allocated to deliver housing counseling services county-wide in accordance with the
Federal Comprehensive Housing Counseling Program guidelines; and
WHEREAS no County funding is required for this grant continuation; and
                                                  867
Commissioners Minutes Continued. December 9, 2009

WHEREAS this grant has been reviewed and approved through the County Executive’s Grant Review
Process; and
WHEREAS due to the grantor’s constrained fifteen day timeframe (October 31 – November 14, 2009)
within which the executed grant agreements must be returned to the U.S. Department of Housing and
Urban Development prior to start of the Agreement, the Agreement has been sent to the Board of
Commissioners’ Chairperson for signature prior to the completion of the County Executive’s Contract
Review Process and the Board of Commissioners’ Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the FY
2009 Housing Counseling Grant in the amount of $55,976.00.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of the special revenue positions in the grant is contingent upon continued
future levels of grant funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board’s
Chairperson and the County Executive to execute the grant agreement and attached addendum and to
approve amendments and extensions up to a fifteen (15) percent variance from the award.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                      PLANNING AND BUILDING COMMITTEE

Copy of Grant Review Sign Off – Community and Home Improvement Division, Correspondence from
Brenda J. Bellisario, Director, Program Support Division, Assistance Award/Amendment and Grant
Agreement on file in County Clerk’s office.

FISCAL NOTE (MISC. #09296)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY
AND HOME IMPROVEMENT DIVISION – FY 2009 HOUSING COUNSELING GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The U.S. Department of Housing and Urban Development has awarded Federal FY 2009
         Housing Counseling Grant funding in the amount of $55,976 to the Community & Home
         Improvement Division.
    2. The grant will supplement Community Development Block Grant funds allocated to deliver
         housing counseling services in accordance with Federal Comprehensive Housing Counseling
         Program guidelines.
    3. The award includes $40,976 for Comprehensive Housing Counseling, $10,000 for Home Equity
         Conversion Mortgage Counseling and $5,000 for Loan Document Review.
                                th
    4. This is the fifteenth (15 ) year of the grant.
    5. The County performance period for the grant is from October 1, 2009 through September 30,
         2010.
    6. The award is $54,574 less than the application amount of $110,550 and $30,976 more than the
         FY 2008 award of $25,000.
    7. No County match is required for this grant continuation.
    8. Indirect costs are not paid for this grant due to administrative and planning limits.
    9. The FY 2010 – FY 2012 Special Revenue Fund Budget for the Housing Counseling Grant Fund is
         amended as follows:
            Revenue
            29706-1090680-132210-610313                    Grants – Federal        $30,976
            Expenditures
            29706-1090680-132210-702010                    Salaries – Reg.         $24,671
            29706-1090680-132210-722740                    Fringe Benefits             6,305
                                                                                   $30,976
                                                                                   $      -0-
                                                           FINANCE COMMITTEE
                                                 868
Commissioners Minutes Continued. December 9, 2009


(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09297
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (XTREME POWER INC. PROJECT) -
CITY OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions
of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen
and revitalize the County's economy and to encourage the location and expansion of such enterprises to
provide needed services and facilities to the County and its residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of
1974, as amended (the "Act") provides a means for the encouragement of such projects in this County
through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Xtreme
Power Inc. Project) and has designated to this Board of Commissioners a Project Area and Project
District Area for its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies
and approves the Project Area as designated by the EDC.
BE IT FURTHER RESOLVED that, it having been determined that the territory surrounding said
designated Project Area will not be significantly affected by the Project because the surrounding territory
is devoted to commercial/industrial uses, a Project District Area having the same description as and
boundaries coterminous with the Project Area herein certified as approved be hereby established.
BE IT FURTHER RESOLVED that, it having been determined that there are less than eighteen residents,
real property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                           PLANNING AND BUILDING COMMITTEE

Copy of Xtreme Power Inc. City of Wixom EDC No. 10-01 on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09298
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (XTREME POWER INC.
PROJECT) - CITY OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The
Economic Development Corporation of the County of Oakland designating a Project Area and Project
District Area for a project (Xtreme Power Inc. Project) under the Economic Development Corporations
Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland
of two additional directors to the Board of said Economic Development Corporation in connection with
said Project, in accordance with Section 4(2) of the Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
appointments of Kevin W. Hinkley and Richard E. Ziegler, who are representative of neighborhood
residents and business interests likely to be affected by said Project, to the Board of Directors of The
                                                   869
Commissioners Minutes Continued. December 9, 2009

Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with
Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either
abandoned or, if undertaken, is completed in accordance with the Project Plan therefor.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby
repealed, but only to the extent of such conflict.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                            PLANNING AND BUILDING COMMITTEE

Copy of Appointment of Additional Directors to the EDC by the County Executive for the Xtreme Power
Inc. Project (City of Wixom) on file in County Clerk’s office.

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09299
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (NORTH AMERICAN BANCARD, INC. PROJECT) - CITY OF TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has
recommended that the Board of Commissioners approve the Project Plan required by the Economic
Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented
to this meeting (the "Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its
determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that
the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of
credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and
WHEREAS the governing body of the City of Troy, Oakland County, Michigan, has also approved the
Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan
constitutes a public purpose as contemplated by the Act; and
WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan,
hereby certifies, approves and concurs in the determinations of the EDC with respect thereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
determines that the Project Plan constitutes a public purpose as contemplated by the Act.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and
approves the Project Plan.
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to
implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as
contemplated by the Project Plan.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of
this resolution to the Assistant Secretary of the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                            PLANNING AND BUILDING COMMITTEE

Copy of Project Plan Summary Description of 250 Stephenson Project on file in County Clerk’s office.

(The vote for this motion appears on page 996.)




                                                   870
Commissioners Minutes Continued. December 9, 2009

*MISCELLANEOUS RESOLUTION #09280
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROBATE COURT/SHERIFF’S OFFICE/INFORMATION TECHNOLOGY INTERACTIVE VIDEO
HEARING PILOT PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in a continuing county wide effort to utilize OakVideo technology the Probate Court, Sheriff’s
Office and Information Technology have worked together in developing the proposed video hearing pilot
program; and
WHEREAS the departments are seeking to implement OakVideo technology for use in mental health
commitment hearings with patients at the Center for Forensic Psychiatry in Ann Arbor, MI; and
WHEREAS Michigan Court Rule 5.738a allows the use of this technology for mental health commitment
hearings; and
WHEREAS the Sheriff’s Office is required to transport patients from the Forensic Center to the Probate
Court for these hearings. This program would allow the patients to remain at the Forensic Center,
therefore eliminating the Sheriff’s transport of these patients; and
WHEREAS during any given day the Sheriff’s Office transports could include more than just the mental
health commitment hearing participants to multiple locations. The use of this technology will not eliminate
the Sheriff’s primary need for resources to transport prisoners, but will reduce associated costs such as
gasoline, overtime and mileage; and
WHEREAS the elimination of these transports reduces liability, saves cost, and reduces lodging of these
patients in the Oakland County Jail; and
WHEREAS the use of this technology reduces the disruption to the patient associated with the transports;
and
WHEREAS the FY 2010 Adopted Budget for Probate Court includes changes to the Defense Attorney
payment system to reduce and control costs. The Court pays a flat rate to three Defense Attorney’s each
week to handle all mental health cases for the week; and
WHEREAS additional costs will be incurred by the Probate Court to cover additional Defense Attorney
fees and mileage of the attorneys who are required to travel to and from the Forensic Center; and
WHEREAS the Probate Court requests $15,000 for attorney fees and their mileage to represent patients
at the Forensic Center; and
WHEREAS the departments are requesting approval to pilot the program for one (1) year. The pilot will
allow the departments to track cost savings and determine the effectiveness of the program.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the
Probate Court, Oakland County Sheriff’s Office, and Information Technology Interactive Video hearing
pilot program for a period of one (1) year.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

FISCAL NOTE (MISC. #09280)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROBATE COURT/SHERIFF’S OFFICE/INFORMATION TECHNOLOGY INTERACTIVE VIDEO
HEARING PILOT PROGRAM
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 Probate Court, Sheriff’s Office and Information Technology Department have collectively
         worked together in preparing the Video Hearing Pilot Program. The Program utilizes Oak video
         technology for use in mental health commitment hearings with patients at the Center for Forensic
         Psychiatry in Ann Arbor, Michigan.
    2. The Pilot program’s duration is for a period of one year.
    3. The Probate Court is requesting $15,000 in additional funding to pay for fees and mileage paid to
         Defense Attorneys to represent patients at the Center for Forensic Psychiatry in Ann Arbor,
         Michigan.

                                                   871
Commissioners Minutes Continued. December 9, 2009

    4. The Probate Court is requesting a one time appropriation from the Designation for Operational
       Improvements fund balance of $15,000.
    5. A budget amendment is recommended to transfer funding from Designation for Operational
       Improvements fund balance (account #371350) to the Fiscal Year 2010 budget as follows:
       GENERAL FUND (10100)                             FY 2010     FY 2010         FY 2010
       Non-Departmental                                 Adopted     Budget          Amended
       Revenue                                          Budget      Amendment       Budget
       9010101-196030-665882 Planned Use of Fund Bal $          0   $15,000         $15,000
                    Total Revenue Adj.                  $       0   $15,000         $15,000
       Probate Estates and Mental Health Division
       Expenditure
       3040403-124015-730450 Defense Attorney Fees $            0   $15,000         $15,000
                    Total Expenditure Adj.              $       0   $15,000         $15,000
                                                    FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09300
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/CIVIL CRIMINAL – FY 2010 MICHIGAN MENTAL HEALTH COURT GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Mental Health Court grant program has awarded the 6th Circuit Court/Civil
Criminal Division funding in the amount of $8,000 for the period of October 1, 2009 through September
30, 2010; and
WHEREAS this is the 2nd year of grant acceptance for this program; and
WHEREAS this award partially funds the Adult Drug Court’s operations. The court was established to
deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, and the
increase in Jail days ordered; and
WHEREAS the $8,000 award will be used to provide drug testing supplies and general support to the
Adult Drug Court Program. There is no general fund financial obligation; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the Michigan Supreme Court in the amount of $8,000 for the period of October 1, 2009
through September 30, 2010.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions of changes, within 15% of the original
award, which is consistent with the original agreement approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuations of the special revenue positions in the grant are contingent upon
continued future levels of grant funding.
Chairperson, on behalf of the Committee, I move the adoption of the foregoing resolution.
                                                         PUBLIC SERVICES COMMITTEE

Copy of Grant Review Sign Off – Circuit Court, Letter from Richard Woods, Trial Court Services Deputy
Director, Michigan Supreme Court State Court Administrative Office Michigan Mental Health Court Grant
Program FY 2010 Grant Contract on file in County Clerk’s office.

FISCAL NOTE (MISC. #09300)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT – FY 2010 MICHIGAN MENTAL HEALTH COURT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:

                                                  872
Commissioners Minutes Continued. December 9, 2009

Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The 6th Circuit Court was awarded a grant from the Michigan Mental Health Court grant program
         to assist in funding the Court’s Adult Drug Court.
    2. This is the second year of this grant award.
    3. The grant period is October 1, 2009 to September 30, 2010.
    4. The total grant award is $8,000. $5,000 will help fund the Drug Court’s general operating
         expenditures and $3,000 will be spent on Travel and Conferences.
    5. There are no personnel costs associated with this grant.
    6. There is no grant match required.
    7. The following budget amendment is recommended to record the grant award of $8,000.
                                                            FY 2010    FY 2010      FY 2010
         Michigan Mental Health Court Grant 27175           Adopted    Budget       Amended
         Grant Number GR0000000423                          Budget     Amendment    Budget
         Circuit Court Civil Criminal Division
         Revenue
         3010301-121200-61557 Grants State                  $      0   $ 8,000      $ 8,000
                           Total Revenue Adj.               $      0   $ 8,000      $ 8,000
         Expenditure
         3010301-121200-750280 Lab Supplies                 $      0   $ 5,000      $ 5,000
         3010301-121200-732018 Travel and Conference               0      3,000        3,000
                           Total Expenditure Adj.           $      0   $ 8,000      $ 8,000
                                                            FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09301
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
TOWNSHIP OF ADDISON, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Addison Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Township of Addison has expressed an interest in entering into a new, one (1) year, law
enforcement service agreement; and
WHEREAS the Township of Addison is not requesting any changes to the number of deputies contracted in
this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Township of Addison.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Township of Addison, accompanied by a certified copy of
the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the
above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes
its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
                                                    873
Commissioners Minutes Continued. December 9, 2009

Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                         PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE TOWNSHIP OF ADDISION
This Agreement is made and entered into between the TOWNSHIP OF ADDISION, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within
Oakland County, whose address is 1440 Rochester Road, Leonard, Michigan 48367 (hereafter the
"MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in
the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38
East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
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Commissioners Minutes Continued. December 9, 2009

        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
           MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
           designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
           under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
           assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
           Agreement, who is designated by the SHERIFF to maintain all lines of communications with
           the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
           commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
           to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
           defined and interpreted as the prevention and detection of crime and the enforcement of the
           general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
           ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
           ordinance violations and laws of this state, and shall also include road patrol, crime detection,
           crime prevention, and criminal apprehension, as well as any necessary supervision of
           SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
           civil infractions, accidents or accidental injuries, and any related governmental law
           enforcement functions as authorized and/or mandated by law as limited by and to the extent
           of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
           MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
           contemplated and to be provided under this Agreement are strictly limited to those
           governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
           O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
           Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
           other person or persons of any rank, classification, or title who, pursuant to state law, is a
           sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
           Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
           SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
           to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
           for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
           interpreted to include any warranty, promise or guaranty, either express or implied, or of any
           kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
           MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
           under this Agreement will result in any specific reduction or prevention of criminal activity
           within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
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Commissioners Minutes Continued. December 9, 2009

   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
        a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
        b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
        c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.

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Commissioners Minutes Continued. December 9, 2009

6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
   organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
   DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
   contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
   MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
   MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
   SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
   SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
   MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
   overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
   (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
   renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
   Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
   bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
   during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
   holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
   itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
   the full amounts due on any such invoice within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
   under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
   Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
   officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
   any reason to timely pay the COUNTY the amounts required under this Agreement, the County
   Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
   Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in possession
   of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly
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Commissioners Minutes Continued. December 9, 2009

    prohibited by law. Such a transfer shall be considered an assignment 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. Nothing in this Agreement shall operate to limit in any way the
    COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
    SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
    an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.             The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:

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           a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
                nonexclusive License over that portion of such MUNICIPALITY premises for use by the
                O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
           b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
                necessary repairs, improvements, installation and maintenance of all necessary security
                locks, devices and fire safety devices and safety precautions, reconstruction, custodial
                services, including rubbish and trash removal for the Facility, and also includes the provision
                of utilities required to operate the facility for the purposes of this License, including, but not
                limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
                charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
           c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
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Commissioners Minutes Continued. December 9, 2009

      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
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      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
               furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
               with the O.C.S.D, subject only to its collective bargaining Agreements.
           c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
               DEPUTY'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 SHERIFF'S DEPUTY
               performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24.   The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
      provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
      Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
      constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
      or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
      COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
      nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
      or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
      nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
      representative(s), union(s), or the successor(s) or assign(s) of any of them.
25.   This Agreement is made and entered into in the State of Michigan and shall in all respects be
      interpreted, enforced and governed under the laws of the State of Michigan. The language of all
      parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
      not construed strictly for or against any party. As used in this Agreement, the singular or plural
      number, the possessive or nonpossessive, shall be deemed to include the other whenever the
      context so indicates or requires.
26.   Absent an expressly written waiver, the failure of any party to pursue any right granted under this
      Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
      breach or default under this Agreement. No failure or delay by any party in exercising any right,
      power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
      any right, power or privilege preclude any other or further exercise of any other right, power or
      privilege.
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27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, BRUCE PEARSON, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                     TOWNSHIP OF ADDISON,
  WITNESSES:                                         a Michigan Municipal Corporation
                                                     BY: ________________________________
  ____________________________________                    BRUCE PEARSON
                                                          Supervisor
  ____________________________________               BY: ________________________________
                                                          PAULINE BENNETT
                                                           Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.

 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                          OAKLAND COUNTY SHERIFF, a Michigan
                                                   Constitutional Officer
 ____________________________________              BY: _______________________________
                                                         MICHAEL J. BOUCHARD,
                                                         Oakland County Sheriff

FISCAL NOTE (MISC. #09301)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
TOWNSHIP OF ADDISON, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:

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Commissioners Minutes Continued. December 9, 2009

Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The Township of Addison has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Township of Addison is not requesting any changes of positions or the purchase of new
         capital assets.
    5. Sufficient operating revenues and expenses are included in the Fiscal Year 2010 through 2012
         Budget, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                         FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09302
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Brandon Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Brandon has expressed an interest in entering into a new, one (1) year,
law enforcement service agreement; and
WHEREAS the Charter Township of Brandon is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Brandon.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Brandon, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF BRANDON
This Agreement is made and entered into between the CHARTER TOWNSHIP OF BRANDON, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 395 Mill Street, Ortonville, Michigan, 48462, (hereafter
the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
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Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in
the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38
East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the

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            commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
            to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
            defined and interpreted as the prevention and detection of crime and the enforcement of the
            general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
            ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
            ordinance violations and laws of this state, and shall also include road patrol, crime detection,
            crime prevention, and criminal apprehension, as well as any necessary supervision of
            SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
            civil infractions, accidents or accidental injuries, and any related governmental law
            enforcement functions as authorized and/or mandated by law as limited by and to the extent
            of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
            MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
            contemplated and to be provided under this Agreement are strictly limited to those
            governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
            O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
            Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
            other person or persons of any rank, classification, or title who, pursuant to state law, is a
            sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
            Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
            SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
            to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
            for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
            interpreted to include any warranty, promise or guaranty, either express or implied, or of any
            kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
            MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
            under this Agreement will result in any specific reduction or prevention of criminal activity
            within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
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    for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
    only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
    Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
    previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
    MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
    temporarily called to the aid of another community due to an emergency or other exceptional
    circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
    temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
    and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
    ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
    Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
    shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
    a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
    DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
    SERVICES to the MUNICIPALITY.
         a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
         b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
         c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
    resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
    SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
    weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
    MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
    court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
    PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
    Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
    the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
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   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
   organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
   DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
   contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
   MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
   MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
   SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
   SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
   MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
   overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
   (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
   renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
   Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
   bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
   during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
   holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
   itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
   the full amounts due on any such invoice within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
   under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
   Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
   officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
   any reason to timely pay the COUNTY the amounts required under this Agreement, the County
   Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
   Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
   COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.

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10. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
    SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
    an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not

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                limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
                charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
           c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
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      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.

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23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
    supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
    employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
    and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
    SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
    not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
    otherwise affect, in any manner:
         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior
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Commissioners Minutes Continued. December 9, 2009

    agreements or understandings between them in any way related to the subject matter hereof. It is
    further understood and agreed that the terms of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, KATHY THURMAN, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                      CHARTER TOWNSHIP OF BRANDON,
  WITNESSES:                                          a Michigan Municipal Corporation
                                                      BY: ________________________________
  ____________________________________                      KATHY THURMAN
                                                            Supervisor
  ____________________________________                BY: ________________________________
                                                            JEANNIE McCREERY
                                                             Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                             BILL BULLARD, JR,
                                                             Chairperson, Oakland County Board
                                                             of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            OAKLAND COUNTY SHERIFF, a Michigan
                                                      Constitutional Officer
  ____________________________________                BY: _______________________________
                                                             MICHAEL J. BOUCHARD,
                                                             Oakland County Sheriff

FISCAL NOTE (MISC. #09302)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Brandon has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Brandon is not requesting any changes of positions or the purchase of
         new capital assets.

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    5. Sufficient operating revenues and expenses are included in the Fiscal Year 2010 through 2012
       Budget, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                       FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*REPORT (MISC. #09303)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on December 2,
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 #09303
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Commerce Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Commerce has expressed an interest in entering into a new, one (1)
year, law enforcement service agreement; and
WHEREAS the Charter Township of Commerce is requesting that two (2) Deputy II (no-fill) be deleted
bringing the total number of Deputy II (no-fill) to seventeen (17) and one (1) Detective Sergeant be changed
to a Patrol Sergeant and bringing the total number of contracted deputies to twenty-seven (27); and
WHEREAS the Sheriff is in agreement with changing one (1) Detective Sergeant to Patrol Sergeant and
deleting two (2) Deputy II (no-fill) from this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Commerce.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Commerce, accompanied by a
certified copy of the resolution of the Township Board accepting the Agreement, and upon the further
acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of
Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County
of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that two (2) Deputy II positions (#06282, #02541) be deleted in the
Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office.

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BE IT FURTHER RESOLVED that one (1) marked patrol vehicle (with MDC, mobile and prep radio) be
deleted from the County Fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                         PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF COMMERCE
This Agreement is made and entered into between the CHARTER TOWNSHIP OF COMMERCE, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 2009 Township Drive, Commerce, Michigan, 48390
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
     OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
     throughout this Agreement, the following terms and expressions whether used in the singular or
     plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
     and interpreted as provided herein. The parties further agree that as defined herein the terms
     "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
     DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
     issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
     "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
     longer employed in that capacity.
         a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
              elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
              law, to fill a vacant elected office pending an election.
         b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
              representatives elected by popular vote to a MUNICIPALITY office or such persons
              appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
              individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
              the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
              or Housing Inspector, Ordinance Officer, or Weighmaster.
         c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
              managers, departments, divisions, volunteers, agents, representatives, predecessors,
              successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
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           (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
           MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
           designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
           under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
           assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
           Agreement, who is designated by the SHERIFF to maintain all lines of communications with
           the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
           commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
           to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
           defined and interpreted as the prevention and detection of crime and the enforcement of the
           general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
           ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
           ordinance violations and laws of this state, and shall also include road patrol, crime detection,
           crime prevention, and criminal apprehension, as well as any necessary supervision of
           SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
           civil infractions, accidents or accidental injuries, and any related governmental law
           enforcement functions as authorized and/or mandated by law as limited by and to the extent
           of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
           MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
           contemplated and to be provided under this Agreement are strictly limited to those
           governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
           O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
           Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
           other person or persons of any rank, classification, or title who, pursuant to state law, is a
           sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
           Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
           SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
           to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
           for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
           interpreted to include any warranty, promise or guaranty, either express or implied, or of any
           kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
           MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
           under this Agreement will result in any specific reduction or prevention of criminal activity
           within the MUNICIPALITY or any other performance-based outcome.
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3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
        a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
        b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.


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         c.    All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
               this Agreement shall be made available by the SHERIFF for inspection by the
               MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6.   Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
     resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
     SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
     weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
     MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
     court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
     PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
     Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
     the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
     such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
     be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
     shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
     incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
     due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
     is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
     MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
     a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
     direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
     Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
     SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
     by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
     shall be calculated and invoiced in accordance with SCHEDULE B.
7.   The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
     transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
     obligations under this Agreement to any other public or private person, corporation, entity, or
     organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
     DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
     contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
     MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
     MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
     SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.   The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
     SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
     MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
     overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
     SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
     (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
     renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
     Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
     bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
     during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
     holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
     itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
     the full amounts due on any such invoice within 30 days of the invoice date.
9.   Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
     under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
     Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
     officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
     any reason to timely pay the COUNTY the amounts required under this Agreement, the County
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    Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
    Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
    COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
    SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
    an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.              The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
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      MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
      O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
           a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
                nonexclusive License over that portion of such MUNICIPALITY premises for use by the
                O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
           b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
                necessary repairs, improvements, installation and maintenance of all necessary security
                locks, devices and fire safety devices and safety precautions, reconstruction, custodial
                services, including rubbish and trash removal for the Facility, and also includes the provision
                of utilities required to operate the facility for the purposes of this License, including, but not
                limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
                charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
           c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
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      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
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Commissioners Minutes Continued. December 9, 2009

      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
               furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
               with the O.C.S.D, subject only to its collective bargaining Agreements.
           c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
               DEPUTY'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 SHERIFF'S DEPUTY
               performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24.   The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
      provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
      Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
      constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
      or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
      COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
      nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
      or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
      nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
      representative(s), union(s), or the successor(s) or assign(s) of any of them.
25.   This Agreement is made and entered into in the State of Michigan and shall in all respects be
      interpreted, enforced and governed under the laws of the State of Michigan. The language of all
      parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
      not construed strictly for or against any party. As used in this Agreement, the singular or plural
      number, the possessive or nonpossessive, shall be deemed to include the other whenever the
      context so indicates or requires.
26.   Absent an expressly written waiver, the failure of any party to pursue any right granted under this
      Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
      breach or default under this Agreement. No failure or delay by any party in exercising any right,
      power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
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    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, THOMAS ZONER, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
  WITNESSES:                                          CHARTER TOWNSHIP OF COMMERCE,
                                                      a Michigan Municipal Corporation
  ____________________________________                BY: ________________________________
                                                            THOMAS ZONER
                                                            Supervisor
  ____________________________________                BY: ________________________________
                                                            SANDRA S. ABRAMS
                                                            Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            OAKLAND COUNTY SHERIFF, a Michigan
                                                      Constitutional Officer
  ____________________________________                BY: _______________________________
                                                            MICHAEL J. BOUCHARD,
                                                            Oakland County Sheriff

FISCAL NOTE (MISC. #09303)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:

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Commissioners Minutes Continued. December 9, 2009

Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The Charter Township of Commerce has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. Miscellaneous Resolution #09256 authorized the established rates and contract language for
         calendar year 2010; the rates stated in this agreement are consistent with the rates established
         by this resolution.
    3. The dates of the agreement are January 1, 2010 through December 31, 2010.
    4. The Township of Commerce is requesting the deletion of two (2) FTE Deputy II (no-fill) position
         #10100-4030620-116180-02541 & #06282; reducing the number of contacted positions at this
         community from 29 to 27.
    5. Resolution also specifies the deletion of one (1) marked patrol vehicle (with MDC, mobile and
         prep radio) from the County Fleet.
    6. A budget amendment is required as follows.
             GENERAL FUND (#10100)
             Revenues                                             FY 2010      FY 2011       FY 2012
             4030601-116180-632093 Sher. Spec. Deputy            ($229,849) ($229,849)       ($229,849)
                                         Total Revenues          ($229,849) ($229,849)       ($229,849)
             Expenditures
             4030601-116180-702010               Salaries        ($131,606)    ($131,606) ($131,606)
             4030601-116180-712020               Overtime         ( 10,268)    ( 10,268) ( 10,268)
             4030601-116180-722790               Social Sec.      ( 10,068)    ( 10,068) ( 10,068)
             4030601-116180-722770               Retirement       ( 41,364)    ( 41,364) ( 41,364)
             4030601-116180-722780               Hospitalization ( 21,408)     ( 21,408) ( 21,408)
             4030601-116180-722760               Group Life       (    394)    (     394) (         394)
             4030601-116180-722750               Workers Comp ( 3,430)        (    3,430) (       3,430)
             4030601-116180-722810               Disability       (    460)    (     460) (         460)
             4030601-116180-722820               Unemployment (        264)    (     264) (         264)
             4030601-116180-722800               Dental           ( 1,396)     (   1,396) (       1,396)
             4030601-116180-722850               Optical          (    108)    (     108) (         108)
             4030601-116180-722900               Motor Pool       ( 5,489)     (   5,489) (       5,489)
             4030601-116180-750070               Deputy Supplies(     786)    (      786) (         786)
             4030601-116180-750581               Uniforms         (   932)     (     932) (         932)
             4030601-116180-730653               Equip Rental (       360)     (     360) (         360)
             4030601-116180-774677               Insurance Fund ( 1,190)       (   1,190) (       1,190)
             4030601-116180-773535               CLEMIS           (   326)     (     326) (         326)
                                         Total Expenditures       ($229,849) ($229,849) ($229,849)
                                                          FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*REPORT (MISC. #09304)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on December 2,
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




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MISCELLANEOUS RESOLUTION #09304
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Highland Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Highland has expressed an interest in entering into a new, one (1)
year, law enforcement service agreement; and
WHEREAS the Charter Township of Highland is requesting that two (2) Patrol Investigators (Deputy II’s) be
deleted bringing the total number of Patrol Investigators to two (2) and bringing the total number of
contracted deputies to eighteen (18); and
WHEREAS the Sheriff is in agreement with deleting two (2) Patrol Investigators from this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Highland.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Highland, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that two (2) Deputy II positions (#09426, #07524) be deleted in the
Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office.
BE IT FURTHER RESOLVED that two (2) marked patrol units (with MDC, mobile and prep radio) be deleted
from the County Fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF HIGHLAND
This Agreement is made and entered into between the CHARTER TOWNSHIP OF HIGHLAND, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 205 N. John Street, Highland, Michigan 48357,
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and

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Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
             SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
             civil infractions, accidents or accidental injuries, and any related governmental law
             enforcement functions as authorized and/or mandated by law as limited by and to the extent
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              of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
              MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
              contemplated and to be provided under this Agreement are strictly limited to those
              governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
              O.C.S.O.
          g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
              Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
              other person or persons of any rank, classification, or title who, pursuant to state law, is a
              sworn Deputy of the SHERIFF.
2.   The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
     SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
     MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
     this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
     this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
     ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
     Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
     O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
     Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
     cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
     enforcement "Support Services" available, at no additional charge, to all other communities within
     Oakland County.
          a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
              Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
              SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
              to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY.
          b. The SHERIFF will make every reasonable effort to provide professional LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
              for police protection, with the levels of staff provided for in SCHEDULE A.
          c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
              interpreted to include any warranty, promise or guaranty, either express or implied, or of any
              kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
              MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
              under this Agreement will result in any specific reduction or prevention of criminal activity
              within the MUNICIPALITY or any other performance-based outcome.
3.   The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
     to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
     as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
     Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
     indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
     SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
     SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
     general public.
4.   Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
     for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
     for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
     only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
     Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
     previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
     MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
     temporarily called to the aid of another community due to an emergency or other exceptional
     circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
     temporarily needed in that other community.
5.   Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
     and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
     ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
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   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
       a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
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Commissioners Minutes Continued. December 9, 2009

      by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
      shall be calculated and invoiced in accordance with SCHEDULE B.
7.    The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
      transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
      obligations under this Agreement to any other public or private person, corporation, entity, or
      organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
      DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11.   The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
      relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
      SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
      payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime wages, expenses, fringe
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    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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
              Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
              that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
              herein agree to waive all rights of subrogation against Oakland County for any loss or
              damage to premises or property owned by or insured by the MUNICIPALITY”. The
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                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
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Commissioners Minutes Continued. December 9, 2009

      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
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              furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
              with the O.C.S.D, subject only to its collective bargaining Agreements.
          c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
              DEPUTY'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 SHERIFF'S DEPUTY
              performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, TRICIA PILCHOWSKI, Supervisor, for the MUNICIPALITY, hereby
acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body
(a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby
accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day
of _______________, 2009.


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Commissioners Minutes Continued. December 9, 2009


                                                    CHARTER TOWNSHIP OF HIGHLAND,
 WITNESSES:                                         a Michigan Municipal Corporation
                                                    BY: ________________________________
 ____________________________________                    TRICIA PILCHOWSKI
                                                         Supervisor
 ____________________________________                 BY: ________________________________
                                                           MARY L. McDONELL
                                                            Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer,hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            OAKLAND COUNTY SHERIFF, a Michigan
                                                      Constitutional Officer
  ____________________________________                BY: _______________________________
                                                            MICHAEL J. BOUCHARD,
                                                            Oakland County Sheriff

FISCAL NOTE (MISC. #09304)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Highland has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Highland is requesting the deletion of two (2) FTE Patrol Investigators
         (Deputy II) position (4030621-07524 & 09426), reducing the number of contracted positions at
         this community from 20 to 18.
    5. Resolution also specifies the deletion of two (2) marked patrol vehicles (with MDC, mobile and
         prep radios) from the County Fleet.
    6. A budget amendment is recommended as follows:
              GENERAL FUND (#10100)
              Sheriff Patrol Services Revenues                 FY 2010     FY 2011 FY 2012
              4030601-116180-632093 Sher. Spec. Deputy        ($244,040) ($244,040) ($244,040)
                                          Total Revenues      ($244,040) ($244,040) ($244,040)



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Commissioners Minutes Continued. December 9, 2009

             Sheriff Patrol Services Expenditures
             4030601-116180-702010                Salaries        ($131,606) ($131,606)           ($131,606)
             4030601-116180-712020                Overtime        ( 10,268) ( 10,268)             ( 10,268)
             4030601-116180-722790                Social Sec.     ( 10,068) ( 10,068)             ( 10,068)
             4030601-116180-722770                Retirement      ( 41,364) ( 41,364)             ( 41,364)
             4030601-116180-722780                Hospitalization ( 21,408) ( 21,408)             ( 21,408)
             4030601-116180-722760                Group Life      (     394) (     394)           (     394)
             4030601-116180-722750                Workers Comp (      3,430) (   3,430)           (   3,430)
             4030601-116180-722810                Disability      (     460) (     460)           (     460)
             4030601-116180-722820                Unemployment (        264) (     264)           (     264)
             4030601-116180-722800                Dental          (   1,396) (   1,396)           (   1,396)
             4030601-116180-722850                Optical         (     108) (     108)           (     108)
             4030601-116180-776661                Motor Pool      ( 19,680) ( 19,680)             ( 19,680)
             4030601-116180-750070                Deputy Supplies(      786) (     786)           (     786)
             4030601-116180-750581                Uniforms        (     932) (     932)           (     932)
             4030601-116180-730653                Equip Rental (        360) (     360)           (     360)
             4030601-116180-774677                Insurance Fund (    1,190) (   1,190)           (   1,190)
             4030601-116180-773535                CLEMIS          (     326) (     326)           (     326)
                                         Total Expenditures       ($244,040) ($244,040)           ($244,040)
                                                           FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*REPORT (MISC. #09305)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on December 2,
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 #09305
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Independence Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Independence has expressed an interest in entering into a new, one
(1) year, law enforcement service agreement; and
WHEREAS the Charter Township of Independence is requesting that two (2) Patrol Investigators (Deputy
II’s) be deleted bringing the new total of Patrol Investigators to five (5) and that three (3) Deputy II (no-fill) be
deleted bringing the total number of Deputy II (no-fill) to seventeen (17) and bringing the total number of
contracted deputies to twenty-six (26); and
WHEREAS the Sheriff is in agreement with deleting two (2) Patrol Investigators (Deputy II's) and three (3)
Deputy II (no-fill) from this agreement.

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Commissioners Minutes Continued. December 9, 2009

NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Independence.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Independence, accompanied by a
certified copy of the resolution of the Township Board accepting the Agreement, and upon the further
acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of
Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County
of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that five (5) Deputy II positions be deleted (#09626, #09901, #06020,
#07859, #10178) in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office.
BE IT FURTHER RESOLVED that three (3) marked patrol units (with MDC, mobile and prep radio) be
deleted from the county fleet.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                          PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF INDEPENDENCE
This Agreement is made and entered into between the CHARTER TOWNSHIP OF INDEPENDENCE, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is P.O. Box 69, Clarkston, Michigan, 48347, (hereafter
the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in
the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38
East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
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Commissioners Minutes Continued. December 9, 2009

   "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
   DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
   issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
   "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
   longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
           elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
           law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
           representatives elected by popular vote to a MUNICIPALITY office or such persons
           appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
           individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
           the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
           or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
           managers, departments, divisions, volunteers, agents, representatives, predecessors,
           successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
           (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
           MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
           designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
           under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
           assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
           Agreement, who is designated by the SHERIFF to maintain all lines of communications with
           the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
           commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
           to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
           defined and interpreted as the prevention and detection of crime and the enforcement of the
           general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
           ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
           ordinance violations and laws of this state, and shall also include road patrol, crime detection,
           crime prevention, and criminal apprehension, as well as any necessary supervision of
           SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
           civil infractions, accidents or accidental injuries, and any related governmental law
           enforcement functions as authorized and/or mandated by law as limited by and to the extent
           of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
           MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
           contemplated and to be provided under this Agreement are strictly limited to those
           governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
           O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
           Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
           other person or persons of any rank, classification, or title who, pursuant to state law, is a
           sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
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   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
            Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
            SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
            to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
            for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
            interpreted to include any warranty, promise or guaranty, either express or implied, or of any
            kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
            MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
            under this Agreement will result in any specific reduction or prevention of criminal activity
            within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
        a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and

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                4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
      b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES in
          order to concentrate law enforcement efforts to meet particular law enforcement priorities and
          needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under this
          Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
          SERVICES to the MUNICIPALITY.
      c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to this
          Agreement shall be made available by the SHERIFF for inspection by the MUNICIPALITY
          LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
   organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
   DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
   contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
   MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
   MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
   SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
   SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
   MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
   overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
   (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
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      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11.   The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
      relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
      SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
      payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
      and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
      in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
      expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
      reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
      automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
      or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
      individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
      COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
      telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
      COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
      MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
      SHERIFF'S DEPUTY.
12.   The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
      suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
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Commissioners Minutes Continued. December 9, 2009

    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
              Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
              that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
              herein agree to waive all rights of subrogation against Oakland County for any loss or
              damage to premises or property owned by or insured by the MUNICIPALITY”. The
              MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
              Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
              Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
              approval by the Oakland County Office of Risk Management.
13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
    does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
    any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
    associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
    existing law.
14. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
    acting under the terms of this Agreement shall perform any services directly or otherwise be available
    to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
    or utilized, in any manner or capacity, by the MUNICIPALITY.
15. The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
    advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
    within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
    the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
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      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.

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20. This Agreement, and any subsequent amendments, shall not become effective prior to the approval
    by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
    Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
    and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
    shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
    this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
    State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
    with the Secretary of State.
21. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
    SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
    no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
    enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
    MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
    on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
    O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
    SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
    by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
    into a subsequent agreement because it decides to establish its own police department, the
    MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
    who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
    MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22. The parties shall send, by first class mail, all correspondence and written notices required or
    permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
    to the addresses shown in this Agreement. Except as otherwise provided for herein, all
    correspondence or written notices shall be considered delivered to a party as of the date that such
    notice is deposited with sufficient postage with the U.S. Postal Service.
23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
    supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
    employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
    and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
    SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
    not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
    otherwise affect, in any manner:
         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
                                                   922
Commissioners Minutes Continued. December 9, 2009

    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, DAVID WAGNER, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
  WITNESSES:                                              CHARTER TOWNSHIP OF INDEPENDENCE,
                                                          a Michigan Municipal Corporation
  ____________________________________                    BY: ________________________________
                                                                 DAVID WAGNER
                                                                 Supervisor
  ____________________________________                            BY:
                                                          ________________________________
                                                                 SHELAGH VANDERVEEN
                                                                  Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.




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Commissioners Minutes Continued. December 9, 2009



 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09305)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Independence has requested that the Oakland County Sheriff provide
         law enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Independence is requesting the deletion of five (5) FTE Deputy II (no-
         fill) positions (4030622-06020, 07859, 09626, 09901 & 10178), reducing the number of
         contracted positions at this community from 31 to 26.
    5. Resolution also specifies the deletion of three (3) marked patrol vehicles (with MDC, mobile and
         prep radio) be deleted from the county fleet.
    6. A budget amendment is recommended as follows:
               GENERAL FUND (#10100)
               Sheriff Patrol Services Revenues                     FY 2010    FY 2011    FY 2012
               4030601-116180-632093 Sher. Spec. Deputy             ($581,087) ($581,087) ($581,087)
                                           Total Revenues           ($581,087) ($581,087) ($581,087)
               Sheriff Patrol Services Expenditures
               4030601-116180-702010                Salaries        ($329,015) ($329,015) ($329,015)
               4030601-116180-712020                Overtime        ( 25,670) ( 25,670) ( 25,670)
               4030601-116180-722790                Social Sec.     ( 25,170) ( 25,170) ( 25,170)
               4030601-116180-722770                Retirement      ( 103,410) ( 103,410) ( 103,410)
               4030601-116180-722780                Hospitalization ( 53,520) ( 53,520) ( 53,520)
               4030601-116180-722760                Group Life      (     985) (     985) (     985)
               4030601-116180-722750                Workers Comp (      8,575) (   8,575) (   8,575)
               4030601-116180-722810                Disability      (   1,150) (   1,150) (   1,150)
               4030601-116180-722820                Unemployment (        660) (     660) (     660)
               4030601-116180-722800                Dental          (   3,490) (   3,490) (   3,490)
               4030601-116180-722850                Optical         (     270) (     270) (     270)
               4030601-116180-776661                Motor Pool      ( 16,467) ( 16,467) ( 16,467)
               4030601-116180-750070                Deputy Supplies(    1,965) (   1,965) (   1,965)
               4030601-116180-750581                Uniforms        (   2,330) (   2,330) (   2,330)

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Commissioners Minutes Continued. December 9, 2009

            4030601-116180-730653                Equip Rental (     4,620) (   4,620)      (   4,620)
            4030601-116180-774677                Insurance Fund (   2,975) (   2,975)      (   2,975)
            4030601-116180-773535                CLEMIS         (     815) (     815)      (     815)
                                         Total Expenditures     ($581,087) ($581,087)      ($581,087)
                                                         FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09306
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF LYON, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Lyon Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Lyon has expressed an interest in entering into a new, one (1) year,
law enforcement service agreement; and
WHEREAS the Charter Township of Lyon is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Lyon.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Lyon, accompanied by a certified copy
of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the
above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes
its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF LYON
This Agreement is made and entered into between the CHARTER TOWNSHIP OF LYON, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within
Oakland County, whose address is 58000 Grand River Avenue, New Hudson, Michigan, 48165,
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.

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Commissioners Minutes Continued. December 9, 2009

INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
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Commissioners Minutes Continued. December 9, 2009

            SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
            civil infractions, accidents or accidental injuries, and any related governmental law
            enforcement functions as authorized and/or mandated by law as limited by and to the extent
            of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
            MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
            contemplated and to be provided under this Agreement are strictly limited to those
            governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
            O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
            Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
            other person or persons of any rank, classification, or title who, pursuant to state law, is a
            sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
            Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
            SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
            to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
            for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
            interpreted to include any warranty, promise or guaranty, either express or implied, or of any
            kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
            MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
            under this Agreement will result in any specific reduction or prevention of criminal activity
            within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
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Commissioners Minutes Continued. December 9, 2009

5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
       a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                    beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                    DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                    any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                    connection with any prosecution or Court appearance related to MUNICIPALITY law
                    enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                    takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                    and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                    any other approved, paid leave (except any paid disciplinary leave and/or long-term
                    disability leave extending beyond a period of five (5) working days) granted to any
                    SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                    and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
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Commissioners Minutes Continued. December 9, 2009

      direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
      Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
      SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
      by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
      shall be calculated and invoiced in accordance with SCHEDULE B.
7.    The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
      transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
      obligations under this Agreement to any other public or private person, corporation, entity, or
      organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
      DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.

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Commissioners Minutes Continued. December 9, 2009

11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
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Commissioners Minutes Continued. December 9, 2009

                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
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      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:

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         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, LANNIE YOUNG, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
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Commissioners Minutes Continued. December 9, 2009

copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                      CHARTER TOWNSHIP OF LYON,
  WITNESSES:                                          a Michigan Municipal Corporation
                                                      BY: ________________________________
  ____________________________________                      LANNIE YOUNG
                                                            Supervisor
  ____________________________________                BY: ________________________________
                                                            MICHELE CASH
                                                            Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
  WITNESS:                                            COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09306)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF LYON, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Lyon has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The charter Township of Lyon is not requesting any changes of positions or the purchase of new
         capital assets.
    5. Sufficient operating revenues and expenses are already budgeted for Fiscal Year 2010 through
         2012, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                        FINANCE COMMITTEE

(The vote for this motion appears on page 996.)




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Commissioners Minutes Continued. December 9, 2009

*REPORT (MISC. #09307)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on December 2,
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 #09307
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Oakland Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Oakland has expressed an interest in entering into a new, one (1) year,
law enforcement service agreement; and
WHEREAS the Charter Township of Oakland is requesting that two (2) Deputy II (no-fill) be deleted bringing
the total number of Deputy II (no-fill) to ten (10) and bringing the total number of contracted deputies to
thirteen (13); and
WHEREAS the Sheriff is in agreement with deleting two (2) Deputy II (no-fill) from this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Oakland.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Oakland, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that two (2) Deputy II positions (#09976, #09264) be deleted in the
Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF OAKLAND
This Agreement is made and entered into between the CHARTER TOWNSHIP OF OAKLAND, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 4393 Collins Road, Rochester, Michigan, 48306,
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
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Commissioners Minutes Continued. December 9, 2009

Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
     OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
     throughout this Agreement, the following terms and expressions whether used in the singular or
     plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
     and interpreted as provided herein. The parties further agree that as defined herein the terms
     "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
     DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
     issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
     "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
     longer employed in that capacity.
         a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
              elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
              law, to fill a vacant elected office pending an election.
         b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
              representatives elected by popular vote to a MUNICIPALITY office or such persons
              appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
              individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
              the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
              or Housing Inspector, Ordinance Officer, or Weighmaster.
         c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
              managers, departments, divisions, volunteers, agents, representatives, predecessors,
              successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
              (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.
         d. "MUNICIPALITY LIAISON" shall be the defined as the chief administrative official of the
              MUNICIPALITY or such other individual as designated in writing by the MUNICIPALITY
              LIAISON to act in this capacity for all purposes under this Agreement.
         e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
              assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
              Agreement, who is designated by the SHERIFF to maintain all lines of communications with
              the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
              commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
              to perform this function.

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Commissioners Minutes Continued. December 9, 2009

        f.  "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
            defined and interpreted as the prevention and detection of crime and the enforcement of the
            general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
            ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
            ordinance violations and laws of this state, and shall also include road patrol, crime detection,
            crime prevention, and criminal apprehension, as well as any necessary supervision of
            SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
            civil infractions, accidents or accidental injuries, and any related governmental law
            enforcement functions as authorized and/or mandated by law as limited by and to the extent
            of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
            MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
            contemplated and to be provided under this Agreement are strictly limited to those
            governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
            O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
            Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
            other person or persons of any rank, classification, or title who, pursuant to state law, is a
            sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
            Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
            SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
            to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
            for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
            interpreted to include any warranty, promise or guaranty, either express or implied, or of any
            kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
            MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
            under this Agreement will result in any specific reduction or prevention of criminal activity
            within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
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Commissioners Minutes Continued. December 9, 2009

   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
       a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
           whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
           geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
           periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
           ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                    beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                    DEPUTY'S shift starts or ends in Pontiac; and
                2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                    any O.C.S.O. authorized or required training session, function or meeting; and
                3. Provision of any Mutual Aid as described and defined above; and
                4. Appearance in any Court or at any meeting with any other law enforcement agency in
                    connection with any prosecution or Court appearance related to MUNICIPALITY law
                    enforcement activities; and
                5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                    takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                    and
                6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                    any other approved, paid leave (except any paid disciplinary leave and/or long-term
                    disability leave extending beyond a period of five (5) working days) granted to any
                    SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                    and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
           in order to concentrate law enforcement efforts to meet particular law enforcement priorities
           and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
           this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
           SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
           this Agreement shall be made available by the SHERIFF for inspection by the
           MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
                                                  938
Commissioners Minutes Continued. December 9, 2009

      shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
      incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
      due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
      is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
      MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
      a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
      direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
      Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
      SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
      by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
      shall be calculated and invoiced in accordance with SCHEDULE B.
7.    The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
      transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
      obligations under this Agreement to any other public or private person, corporation, entity, or
      organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
      DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
                                                      939
Commissioners Minutes Continued. December 9, 2009

    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.


                                                     940
Commissioners Minutes Continued. December 9, 2009

          c.    Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
                                                     941
Commissioners Minutes Continued. December 9, 2009

      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
                                                     942
Commissioners Minutes Continued. December 9, 2009

      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
               furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
               with the O.C.S.D, subject only to its collective bargaining Agreements.
           c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
               DEPUTY'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 SHERIFF'S DEPUTY
               performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24.   The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
      provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
      Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
      constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
      or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
      COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
      nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
      or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
      nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
      representative(s), union(s), or the successor(s) or assign(s) of any of them.
25.   This Agreement is made and entered into in the State of Michigan and shall in all respects be
      interpreted, enforced and governed under the laws of the State of Michigan. The language of all
      parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
      not construed strictly for or against any party. As used in this Agreement, the singular or plural
      number, the possessive or nonpossessive, shall be deemed to include the other whenever the
      context so indicates or requires.
26.   Absent an expressly written waiver, the failure of any party to pursue any right granted under this
      Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
      breach or default under this Agreement. No failure or delay by any party in exercising any right,
      power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
      any right, power or privilege preclude any other or further exercise of any other right, power or
      privilege.
27.   This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
      extent permitted by law, upon their successors and assigns, and all persons acting by, through,
      under, or in concert with any of them.
28.   This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
      SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
      MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
      any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
      recitals and that there are no other agreements, understandings, or representations between the
                                                       943
Commissioners Minutes Continued. December 9, 2009

    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, JOAN FOGLER, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                   CHARTER TOWNSHIP OF OAKLAND,
  WITNESSES:                                       a Michigan Municipal Corporation
                                                   BY: ________________________________
  ____________________________________                   JOAN FOGLER
                                                         Supervisor
 ____________________________________                BY: ________________________________
                                                          JUDY WORKINGS
                                                           Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09307)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Oakland has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Oakland is requesting the deletion of two (2) FTE Patrol Investigators
         (Deputy II) positions (4030624-09264 & 09976), reducing the number of contracted positions at
         this community from 15 to 13.

                                                 944
Commissioners Minutes Continued. December 9, 2009

    5. A budget amendment is recommended as follows:
           GENERAL FUND (#10100)
           Sheriff Patrol Services Revenues                      FY 2010    FY 2011 FY 2012
           4030601-116180-632093 Sher. Spec. Deputy             ($225,848) ($225,848) ($225,848)
                                    Total Revenues              ($225,848) ($225,848) ($225,848)
           Sheriff Patrol Services Expenditures
           4030601-116180-702010                Salaries         ($131,606) ($131,606) ($131,606)
           4030601-116180-712020                Overtime         ( 10,268) ( 10,268) ( 10,268)
           4030601-116180-722790                Social Sec.      ( 10,068) ( 10,068) ( 10,068)
           4030601-116180-722770                Retirement       ( 41,364) ( 41,364) ( 41,364)
           4030601-116180-722780                Hospitalization ( 21,408) ( 21,408) ( 21,408)
           4030601-116180-722760                Group Life       (     394) (     394) (     394)
           4030601-116180-722750                Workers Comp (       3,430) (   3,430) (   3,430)
           4030601-116180-722810                Disability       (     460) (     460) (     460)
           4030601-116180-722820                Unemployment (         264) (     264) (     264)
           4030601-116180-722800                Dental           (   1,396) (   1,396) (   1,396)
           4030601-116180-722850                Optical          (     108) (     108) (     108)
           4030601-116180-750070                Deputy Supplies(       786) (     786) (     786)
           4030601-116180-750581                Uniforms         (     932) (     932) (     932)
           4030601-116180-730653                Equip Rental (       1,848) (   1,848) (   1,848)
           4030601-116180-774677                Insurance Fund (     1,190) (   1,190) (   1,190)
           4030601-116180-773535                CLEMIS           (     326) (     326) (     326)
                                        Total Expenditures       ($225,848) ($225,848) ($225,848)
                                                         FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09308
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF ORION, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Orion Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Orion has expressed an interest in entering into a new, one (1) year,
law enforcement service agreement; and
WHEREAS the Charter Township of Orion is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Orion.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Orion, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
                                                    945
Commissioners Minutes Continued. December 9, 2009

County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                          PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF ORION
This Agreement is made and entered into between the CHARTER TOWNSHIP OF ORION, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within
Oakland County, whose address is 2525 Joslyn Road, Lake Orion, Michigan, 48360, (hereafter the
"MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in
the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38
East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
                                                    946
Commissioners Minutes Continued. December 9, 2009

           (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
           MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
           designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
           under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
           assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
           Agreement, who is designated by the SHERIFF to maintain all lines of communications with
           the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
           commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
           to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
           defined and interpreted as the prevention and detection of crime and the enforcement of the
           general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
           ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
           ordinance violations and laws of this state, and shall also include road patrol, crime detection,
           crime prevention, and criminal apprehension, as well as any necessary supervision of
           SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
           civil infractions, accidents or accidental injuries, and any related governmental law
           enforcement functions as authorized and/or mandated by law as limited by and to the extent
           of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
           MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
           contemplated and to be provided under this Agreement are strictly limited to those
           governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
           O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
           Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
           other person or persons of any rank, classification, or title who, pursuant to state law, is a
           sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
           Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
           SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
           to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
           for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
           interpreted to include any warranty, promise or guaranty, either express or implied, or of any
           kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
           MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
           under this Agreement will result in any specific reduction or prevention of criminal activity
           within the MUNICIPALITY or any other performance-based outcome.
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3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
        a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
        b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.


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         c.    All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
               this Agreement shall be made available by the SHERIFF for inspection by the
               MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6.   Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
     resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
     SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
     weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
     MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
     court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
     PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
     Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
     the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
     such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
     be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
     shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
     incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
     due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
     is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
     MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
     a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
     direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
     Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
     SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
     by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
     shall be calculated and invoiced in accordance with SCHEDULE B.
7.   The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
     transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
     obligations under this Agreement to any other public or private person, corporation, entity, or
     organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
     DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
     contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
     MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
     MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
     SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.   The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
     SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
     MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
     overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
     SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
     (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
     renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
     Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
     bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
     during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
     holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
     itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
     the full amounts due on any such invoice within 30 days of the invoice date.
9.   Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
     under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
     Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
     officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
     any reason to timely pay the COUNTY the amounts required under this Agreement, the County
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Commissioners Minutes Continued. December 9, 2009

    Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
    Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
    COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
    SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
    an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.              The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
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Commissioners Minutes Continued. December 9, 2009

      MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
      O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
           a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
                nonexclusive License over that portion of such MUNICIPALITY premises for use by the
                O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
           b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
                necessary repairs, improvements, installation and maintenance of all necessary security
                locks, devices and fire safety devices and safety precautions, reconstruction, custodial
                services, including rubbish and trash removal for the Facility, and also includes the provision
                of utilities required to operate the facility for the purposes of this License, including, but not
                limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
                charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
           c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
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      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
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      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
               furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
               with the O.C.S.D, subject only to its collective bargaining Agreements.
           c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
               DEPUTY'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 SHERIFF'S DEPUTY
               performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24.   The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
      provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
      Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
      constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
      or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
      COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
      nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
      or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
      nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
      representative(s), union(s), or the successor(s) or assign(s) of any of them.
25.   This Agreement is made and entered into in the State of Michigan and shall in all respects be
      interpreted, enforced and governed under the laws of the State of Michigan. The language of all
      parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
      not construed strictly for or against any party. As used in this Agreement, the singular or plural
      number, the possessive or nonpossessive, shall be deemed to include the other whenever the
      context so indicates or requires.
26.   Absent an expressly written waiver, the failure of any party to pursue any right granted under this
      Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
      breach or default under this Agreement. No failure or delay by any party in exercising any right,
      power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
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    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, MATTHEW A. GIBB, Supervisor, for the MUNICIPALITY, hereby
acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body
(a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby
accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day
of _______________, 2009.
                                                        CHARTER TOWNSHIP OF ORION,
 WITNESSES:                                             a Michigan Municipal Corporation
                                                        BY: ________________________________
 ____________________________________                        MATTHEW A. GIBB
                                                             Supervisor
 ____________________________________                   BY: ________________________________
                                                             PENNY S. SHULTS
                                                              Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09308)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF ORION, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners

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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 Charter Township of Orion has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Orion is not requesting any changes of positions or the purchase of new
         capital assets.
    5. Sufficient operating revenues and expenses are already budgeted for Fiscal Year 2010 through
         2012, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                        FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09309
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF OXFORD, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Oxford Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Oxford has expressed an interest in entering into a new, one (1) year,
law enforcement service agreement; and
WHEREAS the Charter Township of Oxford is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Oxford.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Oxford, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF OXFORD
This Agreement is made and entered into between the CHARTER TOWNSHIP OF OXFORD, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within
Oakland County, whose address is 300 Dunlap, Oxford, Michigan 48371,                       (hereafter the
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"MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation and political subdivision of the State of Michigan, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in
the capacity of a Michigan Constitutional Officer, whose address is County Service Center, Building #38
East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
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             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
         f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
             SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
             civil infractions, accidents or accidental injuries, and any related governmental law
             enforcement functions as authorized and/or mandated by law as limited by and to the extent
             of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
             MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
             contemplated and to be provided under this Agreement are strictly limited to those
             governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
             O.C.S.O.
         g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
             Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
             other person or persons of any rank, classification, or title who, pursuant to state law, is a
             sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
         a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
             Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
             SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
             to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
             ENFORCEMENT SERVICES to the MUNICIPALITY.
         b. The SHERIFF will make every reasonable effort to provide professional LAW
             ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
             for police protection, with the levels of staff provided for in SCHEDULE A.
         c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
             interpreted to include any warranty, promise or guaranty, either express or implied, or of any
             kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
             MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
             under this Agreement will result in any specific reduction or prevention of criminal activity
             within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
    to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
    as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
    Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
    indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
    SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
    SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
    general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
    for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
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   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
        a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
           whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
           ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
           geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
           periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
           ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                    beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                    DEPUTY'S shift starts or ends in Pontiac; and
                2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                    any O.C.S.O. authorized or required training session, function or meeting; and
                3. Provision of any Mutual Aid as described and defined above; and
                4. Appearance in any Court or at any meeting with any other law enforcement agency in
                    connection with any prosecution or Court appearance related to MUNICIPALITY law
                    enforcement activities; and
                5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                    takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                    and
                6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                    any other approved, paid leave (except any paid disciplinary leave and/or long-term
                    disability leave extending beyond a period of five (5) working days) granted to any
                    SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                    and/or employment contracts.
        b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
           in order to concentrate law enforcement efforts to meet particular law enforcement priorities
           and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
           this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
           SERVICES to the MUNICIPALITY.
        c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
           this Agreement shall be made available by the SHERIFF for inspection by the
           MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
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   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
   organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
   DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
   contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
   MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
   MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
   SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
   SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
   MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
   overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
   (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
   renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
   Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
   bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
   during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
   holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
   itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
   the full amounts due on any such invoice within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
   under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
   Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
   officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
   any reason to timely pay the COUNTY the amounts required under this Agreement, the County
   Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
   Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
   COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.

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10. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
    SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
    an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
    terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
    that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
    any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
    MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
    employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not

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                limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
                charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
           c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
                as provided herein. Any such Sub-Station License shall also be terminable, at any time and
                for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
           d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
                equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
                Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
                or damage to the Sub-Station premises or property therein which is owned or insured by the
                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
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      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2010 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.

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23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
    supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
    employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
    and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
    SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
    not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
    otherwise affect, in any manner:
         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior
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Commissioners Minutes Continued. December 9, 2009

    agreements or understandings between them in any way related to the subject matter hereof. It is
    further understood and agreed that the terms of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, WILLIAM DUNN, Supervisor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                     CHARTER TOWNSHIP OF OXFORD,
  WITNESSES:                                         a Michigan Municipal Corporation
                                                     BY: ________________________________
  ____________________________________                    WILLIAM DUNN
                                                          Supervisor
  ____________________________________               BY: ________________________________
                                                          CURTIS W. WRIGHT
                                                           Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                          OAKLAND COUNTY SHERIFF, a Michigan
                                                   Constitutional Officer
 ____________________________________              BY: _______________________________
                                                         MICHAEL J. BOUCHARD,
                                                         Oakland County Sheriff

FISCAL NOTE (MISC. #09309)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF OXFORD, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Oxford has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.


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    4. The Charter Township of Oxford is not requesting any changes of positions or the purchase of
       new capital assets.
    5. Sufficient operating revenues and expenses are already budgeted for Fiscal Year 2010 through
       2012, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                      FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09310
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Royal Oak Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Royal Oak has expressed an interest in entering into a new, one (1)
year, law enforcement service agreement; and
WHEREAS the Charter Township of Royal Oak is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Royal Oak.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Royal Oak, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF ROYAL OAK
This Agreement is made and entered into between the CHARTER TOWNSHIP OF ROYAL OAK, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is 21131 Gardenlane – Second Floor, Ferndale, Michigan,
48220, (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
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Commissioners Minutes Continued. December 9, 2009

INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
        f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
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            SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
            civil infractions, accidents or accidental injuries, and any related governmental law
            enforcement functions as authorized and/or mandated by law as limited by and to the extent
            of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
            MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
            contemplated and to be provided under this Agreement are strictly limited to those
            governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
            O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
            Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
            other person or persons of any rank, classification, or title who, pursuant to state law, is a
            sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
   SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
   MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
   this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
   this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
   ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
   Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
   O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
   Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
   cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
   enforcement "Support Services" available, at no additional charge, to all other communities within
   Oakland County.
        a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
            Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
            SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
            to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY.
        b. The SHERIFF will make every reasonable effort to provide professional LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
            for police protection, with the levels of staff provided for in SCHEDULE A.
        c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
            interpreted to include any warranty, promise or guaranty, either express or implied, or of any
            kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
            MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
            under this Agreement will result in any specific reduction or prevention of criminal activity
            within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
   to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
   as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
   Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
   indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
   SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
   SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
   general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
   for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
   for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
   only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
   Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
   previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
   MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
   temporarily called to the aid of another community due to an emergency or other exceptional
   circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
   temporarily needed in that other community.
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5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
   and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
   ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
   Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
   shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
   DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
   SERVICES to the MUNICIPALITY.
       a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                    beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                    DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                    any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                    connection with any prosecution or Court appearance related to MUNICIPALITY law
                    enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                    takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                    and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                    any other approved, paid leave (except any paid disciplinary leave and/or long-term
                    disability leave extending beyond a period of five (5) working days) granted to any
                    SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                    and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
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      direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
      Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
      SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
      by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
      shall be calculated and invoiced in accordance with SCHEDULE B.
7.    The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
      transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
      obligations under this Agreement to any other public or private person, corporation, entity, or
      organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
      DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.

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Commissioners Minutes Continued. December 9, 2009

11. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
    relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
    SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
    payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
    and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
    in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
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                Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
                that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
                herein agree to waive all rights of subrogation against Oakland County for any loss or
                damage to premises or property owned by or insured by the MUNICIPALITY”. The
                MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
                Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
                Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
                approval by the Oakland County Office of Risk Management.
13.   Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
      does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
      any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
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      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:

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         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, WILLIAM F. MORGAN, Supervisor, for the MUNICIPALITY, hereby
acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body
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(a certified copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby
accepts and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day
of _______________, 2009.
                                                        CHARTER TOWNSHIP OF ROYAL OAK,
 WITNESSES:                                             a Michigan Municipal Corporation
                                                        BY: ________________________________
 ____________________________________                        WILLIAM F. MORGAN
                                                             Supervisor
 ____________________________________                   BY: ________________________________
                                                             GWENDOLYN W. TURNER
                                                              Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09310)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Royal Oak has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Royal Oak is not requesting any changes of positions or the purchase of
         new capital assets.
    5. Sufficient operating revenues and expenses are already budgeted for Fiscal Year 2010 through
         2012, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                        FINANCE COMMITTEE

(The vote for this motion appears on page 996.)



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*MISCELLANEOUS RESOLUTION #09311
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1, 2010 - DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Springfield Township, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the Charter Township of Springfield has expressed an interest in entering into a new, one (1)
year, law enforcement service agreement; and
WHEREAS the Charter Township of Springfield is not requesting any changes to the number of deputies
contracted in this agreement; and
WHEREAS the Sheriff is in agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of
Springfield.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the Charter Township of Springfield, accompanied by a certified
copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of
the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners
authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP OF SPRINGFIELD
This Agreement is made and entered into between the CHARTER TOWNSHIP OF SPRINGFIELD, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan,
located within Oakland County, whose address is12000 Davisburg Road, Davisburg, Michigan, 48350,
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and

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Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
        f.    "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
             SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
             civil infractions, accidents or accidental injuries, and any related governmental law
             enforcement functions as authorized and/or mandated by law as limited by and to the extent
             of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
             MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
             contemplated and to be provided under this Agreement are strictly limited to those
             governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
             O.C.S.O.
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          g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
              Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
              other person or persons of any rank, classification, or title who, pursuant to state law, is a
              sworn Deputy of the SHERIFF.
2.   The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
     SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
     MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
     this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
     this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
     ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
     Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
     O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
     Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
     cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
     enforcement "Support Services" available, at no additional charge, to all other communities within
     Oakland County.
          a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
              Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
              SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
              to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY.
          b. The SHERIFF will make every reasonable effort to provide professional LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
              for police protection, with the levels of staff provided for in SCHEDULE A.
          c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
              interpreted to include any warranty, promise or guaranty, either express or implied, or of any
              kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
              MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
              under this Agreement will result in any specific reduction or prevention of criminal activity
              within the MUNICIPALITY or any other performance-based outcome.
3.   The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
     to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
     as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
     Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
     indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
     SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
     SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
     general public.
4.   Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
     for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
     for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
     only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
     Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
     previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
     MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
     temporarily called to the aid of another community due to an emergency or other exceptional
     circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
     temporarily needed in that other community.
5.   Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
     and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
     ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
     Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
     shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
     a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
     DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
     SERVICES to the MUNICIPALITY.
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Commissioners Minutes Continued. December 9, 2009

       a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
            whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
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      organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
      DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11.   The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
      relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
      SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
      payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
      and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
      in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
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    expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
    reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
              Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
              that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
              herein agree to waive all rights of subrogation against Oakland County for any loss or
              damage to premises or property owned by or insured by the MUNICIPALITY”. The
              MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
              Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
              Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
              approval by the Oakland County Office of Risk Management.

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13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
    does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
    any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
    associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
    existing law.
14. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
    acting under the terms of this Agreement shall perform any services directly or otherwise be available
    to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
    or utilized, in any manner or capacity, by the MUNICIPALITY.
15. The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
    advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
    within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
    the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
    attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
    SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
    LIAISON an opportunity to interview and meet any command officers before they are assigned to the
    MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
    shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
    interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
    reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
    and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
    DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
    MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
    MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
    SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
    any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
    performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
    may come to its knowledge or possession regarding any act contrary to the terms and conditions of
    this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
    SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
    written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
    wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
    regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
    any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
    DEPUTY.
17. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
    necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
    equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
    any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
    exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
    uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
    MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
    MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
    sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
    property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
    computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
    to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
    requests to the O.C.S.O. which shall solely decide whether such personal property or special
    equipment shall be provided. Any and all such additional personal property, portable or individual use
    equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
    provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
    lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
    elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
    shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
    except through a written lease as provided for in this paragraph.
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18. Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
    employees and agents under the terms of this Agreement, the costs associated with those acts
    and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
    not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
    other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
    2010, and shall remain in effect continuously until it expires, without any further act or notice being
    required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
    this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
    least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
    written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
    to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20. This Agreement, and any subsequent amendments, shall not become effective prior to the approval
    by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
    Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
    and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
    shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
    this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
    State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
    with the Secretary of State.
21. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
    SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
    no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
    enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
    MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
    on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
    O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
    SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
    by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
    into a subsequent agreement because it decides to establish its own police department, the
    MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
    who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
    MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22. The parties shall send, by first class mail, all correspondence and written notices required or
    permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
    to the addresses shown in this Agreement. Except as otherwise provided for herein, all
    correspondence or written notices shall be considered delivered to a party as of the date that such
    notice is deposited with sufficient postage with the U.S. Postal Service.
23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
    supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
    employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
    and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
    SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
    not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
    otherwise affect, in any manner:
         a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
             deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
             judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
         b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
             compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
             furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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

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Commissioners Minutes Continued. December 9, 2009

             employment decisions that affect, in any way, the employment of any SHERIFF'S DEPUTY
             with the O.C.S.D, subject only to its collective bargaining Agreements.
         c. The SHERIFF'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 SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, MIKE TROUT, Supervisor, for the MUNICIPALITY, hereby acknowledges that
he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified copy of
which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts and binds
the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                          CHARTER TOWNSHIP OF SPRINGFIELD,
  WITNESSES:                                              a Michigan Municipal Corporation
                                                          BY: ________________________________
  ____________________________________                           MIKE TROUT
                                                                 Supervisor
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Commissioners Minutes Continued. December 9, 2009

 ____________________________________                BY: ________________________________
                                                          LAURA MOREAU
                                                           Clerk
IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                           OAKLAND COUNTY SHERIFF, a Michigan
                                                    Constitutional Officer
 ____________________________________               BY: _______________________________
                                                          MICHAEL J. BOUCHARD,
                                                          Oakland County Sheriff

FISCAL NOTE (MISC. #09311)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1, 2010 – DECEMBER 31, 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 Charter Township of Springfield has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The Charter Township of Springfield is not requesting any changes of positions or the purchase
         of new capital assets.
    5. Sufficient operating revenues and expenses are already budgeted for Fiscal Year 2010 through
         2012, and will be reviewed yearly pending renewal of this contract.
    6. No additional appropriation is required.
                                                        FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*MISCELLANEOUS RESOLUTION #09312
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION
COMMISSION FOR 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contractual agreements for the purpose of Law Enforcement Services; and


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WHEREAS the Sheriff's Office and Parks & Recreation Commission currently have a contract for Law
Enforcement Services; and
WHEREAS the current contract will expire on December 31, 2009; and
WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next
year; and
WHEREAS these rates are consistent with the rates as established by this board for the local units of
government; and
WHEREAS Corporation Counsel and Management & Budget have reviewed the attached contract and
rates.
NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to
enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 2010 at
the rates provided in the attached contract.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                        PUBLIC SERVICES COMMITTEE

Copy of OC Parks & Recreation Commission Contract for Sheriff Law Enforcement Services 2010 on file
in County Clerk’s office.

FISCAL NOTE (MISC. #09312)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION
COMMISSION FOR 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. Resolution authorizes the extension of contractual agreement between the Sheriff’s Office
            and Parks & Recreation Commission for the period January 1, 2010 through December 31,
            2010.
         2. This resolution establishes Law Enforcement Services contract rates consistent with the rates
            as established per MR #09256 for the local units of government for calendar year 2010.
         3. The Oakland County Sheriff’s Office is hereby authorized to enter into a contract for Law
            Enforcement Services with the Parks and Recreation Commission for 2010 at the rates
            provided in the attached contract.
         4. The FY 2010 - 2012 Budget includes costs and revenues based on these rates. Therefore,
            no budget amendment is recommended at this time.
                                                        FINANCE COMMITTEE

(The vote for this motion appears on page 996.)

*REPORT (MISC. #09313)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CITY OF ROCHESTER HILLS, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on December 2, 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 #09313
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CITY OF ROCHESTER HILLS, JANUARY 1, 2010 – DECEMBER 31, 2010
To the Oakland County Board of Commissioners
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Commissioners Minutes Continued. December 9, 2009

Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter
into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with
Rochester Hills, to provide law enforcement services to this community; and
WHEREAS the Board of Commissioners by Miscellaneous Resolution #09256 authorized the established
rates and contract language; and
WHEREAS the City of Rochester Hills has expressed an interest in entering into a new, one (1) year, law
enforcement service agreement; and
WHEREAS the City of Rochester Hills is requesting that one (1) Deputy II (no-fill/no-vehicle) be added
bringing the total number of Deputy II (no-fill/no-vehicle) to two (2) and bringing the total number of
contracted deputies to sixty (60); and
WHEREAS the Sheriff is in agreement with adding one (1) Deputy II (no-fill/no-vehicle) from this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the
Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the City of Rochester
Hills.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2010
Law Enforcement Services Agreement from the City of Rochester Hills, accompanied by a certified copy of
the resolution of the City Council accepting the Agreement, and upon the further acceptance of the above
Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its
Chairperson to execute and enter into this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement,
and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that
community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland
County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above
Agreement is ready for their signatures which the Clerk shall witness.
BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Contracted Patrol Unit, Patrol
Services Division, of the Sheriff's Office.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH
THE CITY OF ROCHESTER HILLS
This Agreement is made and entered into between the CITY OF ROCHESTER HILLS, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of Michigan, located within
Oakland County, whose address is 1000 Rochester Hills Drive, Rochester Hills, Michigan, 48309,
(hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a Michigan Constitutional and
Municipal Corporation and political subdivision of the State of Michigan, whose address is 1200 North
Telegraph Road, Pontiac, Michigan 48341 (hereafter the "COUNTY"), and/or the OAKLAND COUNTY
SHERIFF, in the capacity of a Michigan Constitutional Officer, whose address is County Service Center,
Building #38 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF").
In this Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be
referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the MUNICIPALITY;
and
Whereas, the O.C.S.O. is authorized to provide police services for residents of Oakland County but,
absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the O.C.S.O. would
perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for such additional Law Enforcement
Services in the MUNICIPALITY; and

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Whereas, the O.C.S.O. is agreeable to providing additional LAW ENFORCEMENT SERVICES in the
MUNICIPALITY with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the COUNTY, the SHERIFF, and the MUNICIPALITY
mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY SHERIFF'S
    OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes, and as used
    throughout this Agreement, the following terms and expressions whether used in the singular or
    plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined
    and interpreted as provided herein. The parties further agree that as defined herein the terms
    "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", "SHERIFF'S
    DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who, at the time relevant to any
    issue, claim, or interpretation of this Agreement, was either a "MUNICIPALITY OFFICIAL",
    "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S DEPUTY" but, for any reason, is no
    longer employed in that capacity.
        a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY representatives
             elected by popular vote to a COUNTY office or such persons appointed, pursuant to state
             law, to fill a vacant elected office pending an election.
        b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all MUNICIPALITY
             representatives elected by popular vote to a MUNICIPALITY office or such persons
             appointed, pursuant to state law, to fill a vacant elected office pending an election, and those
             individual MUNICIPALITY employees or agents whose specific job responsibilities mandate
             the enforcement of state statutes or local ordinances such as the Fire Marshall, Engineering
             or Housing Inspector, Ordinance Officer, or Weighmaster.
        c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY employees,
             managers, departments, divisions, volunteers, agents, representatives, predecessors,
             successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS as defined above
             (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.
        d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
             MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
             designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all purposes
             under this Agreement.
        e. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted for and
             assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this
             Agreement, who is designated by the SHERIFF to maintain all lines of communications with
             the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O. LIAISON will generally be the
             commanding officer, if one, or a SHERIFF'S DEPUTY designated, in writing, by the SHERIFF
             to perform this function.
        f.    "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement shall be
             defined and interpreted as the prevention and detection of crime and the enforcement of the
             general criminal laws of this state, as provided for by state statutes and MUNICIPALITY
             ordinances, including the writing of tickets for MUNICIPALITY motor vehicle and traffic
             ordinance violations and laws of this state, and shall also include road patrol, crime detection,
             crime prevention, and criminal apprehension, as well as any necessary supervision of
             SHERIFF'S DEPUTIES, or other circumstances involving public safety, a breach of peace,
             civil infractions, accidents or accidental injuries, and any related governmental law
             enforcement functions as authorized and/or mandated by law as limited by and to the extent
             of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES contracted for by the
             MUNICIPALITY in this Agreement. The governmental LAW ENFORCEMENT SERVICES
             contemplated and to be provided under this Agreement are strictly limited to those
             governmental LAW ENFORCEMENT SERVICES authorized by law to be performed by the
             O.C.S.O.
        g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include any Captain,
             Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective Sergeant, or any
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              other person or persons of any rank, classification, or title who, pursuant to state law, is a
              sworn Deputy of the SHERIFF.
2.   The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as shown in
     SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO
     MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made part of
     this Agreement, to perform any and all O.C.S.O. LAW ENFORCEMENT SERVICES contemplated in
     this Agreement within the corporate limits of the MUNICIPALITY, including all private roads. LAW
     ENFORCEMENT SERVICES, as defined above, shall not include O.C.S.O. police-related "Support
     Services," such as Marine Division, Arson Investigation, Detective and Crime Lab services, which the
     O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
     Nevertheless, such additional "Support Services" shall continue to be made available, at no additional
     cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make such law
     enforcement "Support Services" available, at no additional charge, to all other communities within
     Oakland County.
          a. The MUNICIPALITY acknowledges that, except as provided for under the terms of this
              Agreement, the SHERIFF has only limited responsibility for LAW ENFORCEMENT
              SERVICES in the MUNICIPALITY and is not otherwise required, except as provided herein,
              to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY.
          b. The SHERIFF will make every reasonable effort to provide professional LAW
              ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted standards
              for police protection, with the levels of staff provided for in SCHEDULE A.
          c. Notwithstanding any other provision in this Agreement, this Agreement shall not be
              interpreted to include any warranty, promise or guaranty, either express or implied, or of any
              kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person or
              MUNICIPALITY resident that the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES
              under this Agreement will result in any specific reduction or prevention of criminal activity
              within the MUNICIPALITY or any other performance-based outcome.
3.   The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this Agreement is
     to provide governmental LAW ENFORCEMENT SERVICES in and for the MUNICIPALITY. Except
     as otherwise expressly provided for in this Agreement, the MUNICIPALITY agrees that this
     Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct or
     indirect obligation, duty, promise, benefit, and/or special right to O.C.S.O.' s LAW ENFORCEMENT
     SERVICES in favor of or to the benefit of any particular person(s) beyond the O.C.S.O.'S and/or any
     SHERIFF'S DEPUTY'S law enforcement officer duty, as established under existing law, to the
     general public.
4.   Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY contracted
     for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY, as provided
     for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is being charged,
     only on MUNICIPALITY-related police matters. It is understood and agreed, however, that "Mutual
     Aid" between communities may be provided to surrounding communities. "Mutual Aid," as used in the
     previous sentence, means that any SHERIFF'S DEPUTY contracted for and assigned to the
     MUNICIPALITY may be absent from the MUNICIPALITY, at MUNICIPALITY expense, when
     temporarily called to the aid of another community due to an emergency or other exceptional
     circumstance or because a SHERIFF'S DEPUTY possesses some special skill or qualification
     temporarily needed in that other community.
5.   Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the Number(s)
     and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the LAW
     ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout this
     Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in SCHEDULE A,
     shall be defined and quantified as EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
     a bi-weekly period by any SHERIFF'S DEPUTY of the specified Rank(s), for each of the SHERIFF'S
     DEPUTIES contracted for and assigned by the SHERIFF to provide LAW ENFORCEMENT
     SERVICES to the MUNICIPALITY.
          a. Except as may otherwise be expressly provided in this subparagraph or in SCHEDULE A,
              whenever any SHERIFF'S DEPUTY contracted for and assigned to provide LAW
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            ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the MUNICIPALITY
            geographical area, due to any of the reasons described in subparagraphs 1 - 6 below, such
            periods of time shall be included in and counted toward the EIGHTY (80) HOURS of LAW
            ENFORCEMENT SERVICES for the bi-weekly period in which it occurred.
                 1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac, Michigan, at the
                     beginning or end of any shift by any SHERIFF'S DEPUTY, if that SHERIFF'S
                     DEPUTY'S shift starts or ends in Pontiac; and
                 2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per calendar year) at
                     any O.C.S.O. authorized or required training session, function or meeting; and
                 3. Provision of any Mutual Aid as described and defined above; and
                 4. Appearance in any Court or at any meeting with any other law enforcement agency in
                     connection with any prosecution or Court appearance related to MUNICIPALITY law
                     enforcement activities; and
                 5. Performance of any LAW ENFORCEMENT SERVICES for the MUNICIPALITY that
                     takes any SHERIFF'S DEPUTY outside the MUNICIPALITY'S geographical area;
                     and
                 6. Any approved period of annual leave, sick leave, holiday leave, personal leave, or
                     any other approved, paid leave (except any paid disciplinary leave and/or long-term
                     disability leave extending beyond a period of five (5) working days) granted to any
                     SHERIFF'S DEPUTY in accordance with applicable O.C.S.O. policies, procedures,
                     and/or employment contracts.
       b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S DEPUTIES
            in order to concentrate law enforcement efforts to meet particular law enforcement priorities
            and needs, the SHERIFF shall assign shifts to SHERIFF'S DEPUTIES contracted for under
            this Agreement so as to provide the broadest possible coverage of LAW ENFORCEMENT
            SERVICES to the MUNICIPALITY.
       c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be applicable to
            this Agreement shall be made available by the SHERIFF for inspection by the
            MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide prioritization of
   resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW ENFORCEMENT
   SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-
   weekly period, as provided for in this Agreement, may be made available by the SHERIFF to the
   MUNICIPALITY on an overtime basis. Except for overtime incurred due to late calls, report writing,
   court appearances, emergencies, or holiday pay overtime, as shown in SCHEDULE B - HOLIDAY
   PAY (hereafter "SCHEDULE B") which is attached to, incorporated in and made a part of this
   Agreement, all other overtime charges incurred by any SHERIFF'S DEPUTY, which are charged to
   the MUNICIPALITY, shall be approved, in advance, in writing, by the MUNICIPALITY LIAISON. Any
   such additional hours of SHERIFF'S DEPUTIES' LAW ENFORCEMENT SERVICES provided shall
   be invoiced to and paid by the MUNICIPALITY directly to the COUNTY at the Overtime Hourly Rates
   shown in SCHEDULE C - HOURLY RATES (hereafter "SCHEDULE C") which is attached to,
   incorporated in and made a part of this Agreement, and shall be in addition to any amounts otherwise
   due and owing under the terms of this Agreement. If, however, in the unlikely event that the O.C.S.O.
   is able to provide any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the
   MUNICIPALITY in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during
   a bi-weekly period, as provided for in this Agreement, without the O.C.S.O. actually incurring any
   direct or indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
   Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW ENFORCEMENT
   SERVICES for which the O.C.S.O. does not incur any overtime obligation shall be invoiced and paid
   by the MUNICIPALITY as otherwise provided herein. All holiday pay charges to the MUNICIPALITY
   shall be calculated and invoiced in accordance with SCHEDULE B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or otherwise,
   transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF'S DEPUTY'S services, duties, or
   obligations under this Agreement to any other public or private person, corporation, entity, or
   organization of any kind. In the event that the MUNICIPALITY perceives the need for any SHERIFF'S
   DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S DEPUTIES' services
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      contracted for in SCHEDULE A, due to some unusual MUNICIPALITY circumstances that, in the
      MUNICIPALITY'S judgment, may require additional LAW ENFORCEMENT SERVICES, the
      MUNICIPALITY shall address such concerns for additional LAW ENFORCEMENT SERVICES to the
      SHERIFF as provided for in this Agreement (i.e., preceding Paragraph).
8.    The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' LAW ENFORCEMENT
      SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown in SCHEDULE A. The
      MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all additional hours of work,
      overtime, and/or holiday pay costs incurred by the O.C.S.O. in providing LAW ENFORCEMENT
      SERVICES to the MUNICIPALITY under the terms of this Agreement. For every bi-weekly period
      (corresponding to established O.C.S.O. payroll periods) during which any SHERIFF'S DEPUTY
      renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
      Agreement, the O.C.S.O. shall prepare and send to the MUNICIPALITY an invoice that sets forth the
      bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES rendered
      during that bi-weekly period, plus any charges for any additional hours of work, overtime, and/or
      holiday pay, as provided for herein, during that bi-weekly billing period. All overtime charges are to be
      itemized and designated for the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY
      the full amounts due on any such invoice within 30 days of the invoice date.
9.    Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts required
      under this Agreement, 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 MUNCIPALITY to the County. Such funds shall be paid directly to the COUNTY.
      Further, the MUNCIPALITY waives any claims against the State or COUNTY, or their respective
      officials, for any such amounts paid to the COUNTY. Furthermore, should the MUNICIPALITY fail for
      any reason to timely pay the COUNTY the amounts required under this Agreement, the County
      Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
      Tax Revolving Fund (“DTFR”) or any other source of funds due to the MUNCIPALITY in 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 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. Nothing in this Agreement shall operate to limit in any way the
      COUNTY’S right to pursue any other legal remedies against the MUNCIPALITY 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.
10.   The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor any
      SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or claimed to be
      an employee of the MUNICIPALITY and further agree that, at all times and for all purposes under the
      terms of this Agreement, the O.C.S.O.'S legal status and relationship to the MUNICIPALITY shall be
      that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also agrees that in any writing or
      any other communication prepared by, for, or at the direction of the MUNICIPALITY, the
      MUNICIPALITY shall neither state, suggest, nor imply that any employment status and/or
      employment relationship exists between any SHERIFF'S DEPUTY and the MUNICIPALITY.
11.   The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all purposes
      relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer of all
      SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively responsible for the
      payment of all SHERIFF'S DEPUTIES' 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, unemployment compensation, Social Security Act protection(s)
      and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based,
      in any way, upon any SHERIFF'S DEPUTY'S status as an employee of the O.C.S.O. Except as
      expressly provided otherwise in this Agreement, the MUNICIPALITY shall not grant, give, allow, pay,
      reimburse, compensate, or otherwise provide any wages, fringe benefits, privileges, gifts, equipment,
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    automobiles, personal property, supplies, benefits, entitlement, consideration (monetary or otherwise)
    or any other thing of value, either directly or indirectly, to, for the use by, or on behalf of, any
    individual SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the
    COUNTY and/or any personal property, automobiles, or any portable equipment (e.g., portable
    telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
    COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
    MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
    SHERIFF'S DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it decides, provide
    suitable office space, office equipment, all required utilities and related facilities (e.g., desks, chairs,
    copying machines, fax machines, typewriters, permanently installed telephones, lockers, locker room
    facilities, uniform changing areas, etc.) in MUNICIPALITY-owned or leased buildings to the O.C.S.O.
    for use by SHERIFF'S DEPUTIES assigned to the MUNICIPALITY, which shall be referred to as a
    MUNICIPALITY "Sub-Station". Alternatively, the O.C.S.O. may provide or supplement any existing
    desks, chairs, copying machines, fax machines, etc. located in the MUNICIPALITY Sub-Station with
    O.C.S.O. personal property and equipment.                  The MUNICIPALITY acknowledges that the
    MUNICIPALITY benefits in providing a Sub-Station for O.C.S.O. use by minimizing the time spent by
    SHERIFF'S DEPUTIES assigned to the MUNICIPALITY driving from the main O.C.S.O. Law
    Enforcement Complex in Pontiac, Michigan, to the MUNICIPALITY to perform certain paper and desk
    work and eliminating the "lost drive time" to provide LAW ENFORCEMENT SERVICES within the
    MUNICIPALITY due to the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work
    shift(s) at the main O.C.S.O. Law Enforcement Complex instead of within the MUNICIPALITY. The
    MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station facilities by
    the O.C.S.O. shall be by mutual agreement and consent of the parties. Under no circumstances shall
    the MUNICIPALITY be obligated under the terms of this Agreement to provide any such Sub-Station
    facilities, nor shall the O.C.S.O. be obligated to use any such Sub-Station facilities if offered. If the
    MUNICIPALITY decides it will offer to provide the O.C.S.O. with Sub-Station facilities and the
    O.C.S.O. agrees to use such Sub-Station facilities, the following terms and conditions shall apply:
         a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a revocable,
              nonexclusive License over that portion of such MUNICIPALITY premises for use by the
              O.C.S.O. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
         b. The MUNICIPALITY will be responsible for maintenance of the premises, which includes: any
              necessary repairs, improvements, installation and maintenance of all necessary security
              locks, devices and fire safety devices and safety precautions, reconstruction, custodial
              services, including rubbish and trash removal for the Facility, and also includes the provision
              of utilities required to operate the facility for the purposes of this License, including, but not
              limited to, heat, air conditioning, power, and water (but excluding any monthly telephone
              charges for permanently installed Sub-Station telephone), at no cost to the O.C.S.O.
         c. Use of the Sub-Station License shall end upon the termination or expiration of this Agreement
              as provided herein. Any such Sub-Station License shall also be terminable, at any time and
              for any reason, by the MUNICIPALITY, the COUNTY, or the SHERIFF.
         d. SHERIFF'S DEPUTIES shall use due care in their use of any Sub-Station facilities and
              equipment. The MUNICIPALITY agrees that the MUNICIPALITY and the MUNICIPALITY’s
              Insurance Carrier will waive all rights of subrogation against OAKLAND COUNTY for any loss
              or damage to the Sub-Station premises or property therein which is owned or insured by the
              Municipality. The MUNICIPALITY will provide the COUNTY with a Certificate of insurance
              that contains the following language: “The MUNICIPALITY and the Insurance Carrier named
              herein agree to waive all rights of subrogation against Oakland County for any loss or
              damage to premises or property owned by or insured by the MUNICIPALITY”. The
              MUNICIPALITY will provide this Certificate of Insurance to the Oakland County Sheriff’s
              Office, County Service Center, Building #38 East, 1200 N. Telegraph Road, Pontiac,
              Michigan 48341-1044 prior to January 1, 2010. All Certificates of Insurance are subject to
              approval by the Oakland County Office of Risk Management.
13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this Agreement
    does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the SHERIFF, and/or
    any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of care, or liability
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      associated with any governmental function delegated and/or entrusted to the MUNICIPALITY under
      existing law.
14.   Except as expressly provided for under the terms of this Agreement, no SHERIFF'S DEPUTY while
      acting under the terms of this Agreement shall perform any services directly or otherwise be available
      to perform any other work or assignments, and no SHERIFF'S DEPUTY shall be otherwise employed
      or utilized, in any manner or capacity, by the MUNICIPALITY.
15.   The MUNICIPALITY LIAISON may contact the O.C.S.O. LIAISON, as defined above, to request,
      advise, or otherwise make the O.C.S.O. aware of particular law enforcement needs and services
      within the MUNICIPALITY, or to provide other relevant information which has come to the attention of
      the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to the SHERIFF'S
      attention any concerns that the MUNICIPALITY LIAISON may have regarding the assignment of any
      SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide the MUNICIPALITY
      LIAISON an opportunity to interview and meet any command officers before they are assigned to the
      MUNICIPALITY; however, the SHERIFF'S decision on the assignment of any SHERIFF'S DEPUTY
      shall be final. The O.C.S.O. LIAISON shall, only to the extent that any such communication would not
      interfere in an ongoing criminal investigation or prosecution, keep the MUNICIPALITY LIAISON
      reasonably informed regarding criminal and/or law enforcement activities within the MUNICIPALITY
      and advise the MUNICIPALITY LIAISON, as soon as practicable, of any changes in any SHERIFF'S
      DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES to the
      MUNICIPALITY under the terms of this Agreement. Notwithstanding the above, however, neither the
      MUNICIPALITY nor the MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any
      SHERIFF'S DEPUTY with any job instructions, job descriptions, job specifications, or job duties, or in
      any manner attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the
      performance of any O.C.S.O.'S duty or obligation under the terms of this Agreement.
16.   The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any information that
      may come to its knowledge or possession regarding any act contrary to the terms and conditions of
      this Agreement, or any other questionable act(s) or omission(s), or any allegation of same, by any
      SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall promptly deliver to the SHERIFF
      written notice and copies of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of
      wrongdoing, whether civil or criminal in nature, which the MUNICIPALITY becomes aware of
      regarding any SHERIFF'S DEPUTY. The MUNICIPALITY agrees to cooperate with the O.C.S.O. in
      any investigation conducted by the SHERIFF into the character and/or fitness of any SHERIFF'S
      DEPUTY.
17.   The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S DEPUTIES with all
      necessary tools, automobiles, radios, communications equipment, firearms, and any and all other
      equipment that the O.C.S.O., in its sole judgment, deems required or beneficial for the completion of
      any O.C.S.O.'S duty under the terms of this Agreement. The O.C.S.O. shall also be solely and
      exclusively responsible for any and all SHERIFF'S DEPUTIES' business expenses, licenses, taxes,
      uniform or equipment costs, insurance(s), supplies, etc., except that any stationery, notices, forms,
      MUNICIPALITY ordinance appearance tickets, etc., which are required to bear the name of the
      MUNICIPALITY, shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S
      sole cost and expense. In the event that the MUNICIPALITY wants any special or additional personal
      property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
      computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise,
      to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such
      requests to the O.C.S.O. which shall solely decide whether such personal property or special
      equipment shall be provided. Any and all such additional personal property, portable or individual use
      equipment or property, and/or any special equipment to be provided by the MUNICIPALITY shall be
      provided directly and exclusively to the O.C.S.O., and then ONLY pursuant to a separate written
      lease agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
      elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use thereof,
      shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S DEPUTY,
      except through a written lease as provided for in this paragraph.
18.   Each party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its
      employees and agents under the terms of this Agreement, the costs associated with those acts
      and/or omissions, and the defense of those acts and/or omissions. This Agreement does not, and is
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      not intended to, waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
      other legal right, privilege, power, obligation, duty, or immunity of the Parties.
19.   Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M., January 1,
      2010, and shall remain in effect continuously until it expires, without any further act or notice being
      required by either party, at 11:59 P.M. on December 31, 2010. In addition, any party may terminate
      this Agreement, prior to its December 31, 2009 expiration, upon written notification to all others at
      least ninety (90) days prior to the proposed termination date, which date shall be clearly stated in the
      written notice. Upon the expiration or termination of this Agreement, all further O.C.S.O.'S obligations
      to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY under this Agreement shall end.
20.   This Agreement, and any subsequent amendments, shall not become effective prior to the approval
      by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
      Governing Body. The approval and terms of this Agreement shall be entered in the official minutes
      and proceedings of the COUNTY Board of Commissioners and MUNICIPALITY Governing Body and
      shall also be filed with the office of the Clerk for the COUNTY and the MUNICIPALITY. In addition,
      this Agreement and any subsequent amendments shall be filed with the Secretary of State for the
      State of Michigan by the O.C.S.O. and shall not become effective or implemented prior to its filing
      with the Secretary of State.
21.   In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW ENFORCEMENT
      SERVICES upon the expiration of this Agreement, it will notify the O.C.S.O., in writing, of this intent
      no later than July 31, 2010. If the MUNICIPALITY, as above, notifies the O.C.S.O. of its intent to
      enter into a new agreement, and the O.C.S.O. has a similar interest, the O.C.S.O. shall present the
      MUNICIPALITY with a new proposed agreement for continued LAW ENFORCEMENT SERVICES
      on, or before, August 22, 2010. In no event shall this paragraph be interpreted to obligate the
      O.C.S.O. or the MUNICIPALITY to continue any Agreement for any LAW ENFORCEMENT
      SERVICES beyond the expiration of this Agreement unless a new fully executed contract is executed
      by the parties. In the event that the MUNICIPALITY terminates this Agreement or elects not to enter
      into a subsequent agreement because it decides to establish its own police department, the
      MUNICIPALITY agrees to consider for employment in its police department any SHERIFF'S DEPUTY
      who may be laid off by the O.C.S.O. as a result of this decision, but in no event shall the
      MUNICIPALITY be obligated to hire any such SHERIFF'S DEPUTY.
22.   The parties shall send, by first class mail, all correspondence and written notices required or
      permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office,
      to the addresses shown in this Agreement. Except as otherwise provided for herein, all
      correspondence or written notices shall be considered delivered to a party as of the date that such
      notice is deposited with sufficient postage with the U.S. Postal Service.
23.   This Agreement is neither intended, nor shall it be interpreted, to create, change, modify, supplement,
      supersede, or otherwise affect or control, in any manner or at any time, the terms or conditions of
      employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable O.C.S.O. employment
      and/or union contract, and/or any O.C.S.O. 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 O.C.S.O. and any
      SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S DEPUTY. To illustrate, but
      not otherwise limit, this Agreement does not and shall not be interpreted to limit, modify, control, or
      otherwise affect, in any manner:
           a. The complete and unilateral discretion of the SHERIFF to either continue or revoke the
               deputization of any SHERIFF'S DEPUTY, or any other person who, in the SHERIFF'S sole
               judgment, he does not believe is qualified or otherwise fit to be a SHERIFF'S DEPUTY.
           b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion to employ,
               compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff,
               furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all SHERIFF'S DEPUTY'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 SHERIFF'S DEPUTY
               with the O.C.S.D, subject only to its collective bargaining Agreements.
           c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to determine,
               establish, modify, or implement any and all operational policies, procedures, orders, rules,
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             regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any
             way, governs or controls any activity of any SHERIFF'S DEPUTY, any necessary SHERIFF'S
             DEPUTY'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 SHERIFF'S DEPUTY
             performing any O.C.S.O. duty or obligation under the terms of this Agreement.
24. The SHERIFF and the COUNTY reserve to themselves any rights and obligations relating to the
    provision of any and all police and/or governmental LAW ENFORCEMENT SERVICES, and this
    Agreement does not, and is not intended to, diminish, delegate, divest, impair, or contravene any
    constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity,
    or character of office of either the SHERIFF, the COUNTY, and/or any SHERIFF'S DEPUTY. The
    COUNTY and the SHERIFF further acknowledge and agree that this Agreement is neither intended,
    nor shall it be interpreted, so as to create, grant, modify, supersede, alter, or change, in any manner
    or form, any right, privilege, benefit, or any other term or condition of employment, of any kind or
    nature whatsoever, in, upon, or for any SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s),
    representative(s), union(s), or the successor(s) or assign(s) of any of them.
25. This Agreement is made and entered into in the State of Michigan and shall in all respects be
    interpreted, enforced and governed under the laws of the State of Michigan. The language of all
    parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and
    not construed strictly for or against any party. As used in this Agreement, the singular or plural
    number, the possessive or nonpossessive, shall be deemed to include the other whenever the
    context so indicates or requires.
26. Absent an expressly written waiver, the failure of any party to pursue any right granted under this
    Agreement shall not be deemed a waiver of that right with regard to any existing or subsequent
    breach or default under this Agreement. No failure or delay by any party in exercising any right,
    power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of
    any right, power or privilege preclude any other or further exercise of any other right, power or
    privilege.
27. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the MUNICIPALITY to the
    extent permitted by law, upon their successors and assigns, and all persons acting by, through,
    under, or in concert with any of them.
28. This Agreement, consisting of fifteen (15) pages, including SCHEDULE A, SCHEDULE B, and
    SCHEDULE C (incorporated herein), sets forth the entire Agreement between the O.C.S.O. and the
    MUNICIPALITY with regard to the O.C.S.O.'S provision of LAW ENFORCEMENT SERVICES and/or
    any SHERIFF'S DEPUTY'S services to 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 of this Agreement are contractual and are not mere
    recitals and that there are no other agreements, understandings, or representations between the
    O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
    expressly stated herein. This Agreement shall not be changed or supplemented orally. This
    Agreement may be amended only by concurrent resolutions of the COUNTY Board of Commissioners
    and the MUNICIPALITY Governing Body according to the procedures set forth in this Agreement.
IN WITNESS WHEREOF, BRYAN K. BARNETT, Mayor, for the MUNICIPALITY, hereby acknowledges
that he or she has been authorized by a resolution of the MUNICIPALITY Governing Body (a certified
copy of which is attached) to execute this Agreement on behalf of MUNICIPALITY and hereby accepts
and binds the MUNICIPALITY to the terms and conditions of this Agreement on this ______ day of
_______________, 2009.
                                                          CITY OF ROCHESTER HILLS,
  WITNESSES:                                              a Michigan Municipal Corporation
                                                          BY: ________________________________
  ____________________________________                           BRYAN K. BARNETT
                                                                 Supervisor
  ____________________________________                    BY: ________________________________
                                                                 JANE LESLIE
                                                                  Clerk

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IN WITNESS WHEREOF, BILL BULLARD, JR., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners (a certified copy of which is attached) to execute this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and
conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             COUNTY OF OAKLAND, a Michigan Municipal
                                                      Corporation
  ____________________________________                BY: ________________________________
                                                            BILL BULLARD, JR,
                                                            Chairperson, Oakland County Board
                                                            of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the COUNTY OF OAKLAND to the
terms and conditions of the Agreement on this ______ day of _______________, 2009.
 WITNESS:                                             OAKLAND COUNTY SHERIFF, a Michigan
                                                      Constitutional Officer
 ____________________________________                 BY: _______________________________
                                                            MICHAEL J. BOUCHARD,
                                                            Oakland County Sheriff

FISCAL NOTE (MISC. #09313)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
CITY OF ROCHESTER HILLS, JANUARY 1, 2010 – DECEMBER 31, 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 City of Rochester Hills has requested that the Oakland County Sheriff provide law
         enforcement services to this community.
    2. The rates stated in this agreement are consistent with the rates established per Miscellaneous
         Resolution #09256 for calendar year 2010.
    3. The dates of the agreement are January 1, 2009 through December 31, 2010.
    4. The City of Rochester Hills is requesting the addition of one (1) FTE Deputy II position to be
         created in the Contracted Patrol Unit/Rochester Hills, Patrol Services Division, of the Sheriff’s
         Office, increasing the number of contacted positions at this community from 59 to 60.
    5. A budget amendment is recommended as follows:
             GENERAL FUND (#10100)
             Sheriff Patrol Services Revenues                      FY 2010    FY 2011 FY 2012
             4030601-116180-632093 Sher. Spec. Deputy              $112,180 $112,180 $112,180
                                          Total Revenues          $112,180 $112,180 $112,180
             Sheriff Patrol Services Expenditures
             4030601-116180-702010 Salaries                       $ 65,803 $65,803         $65,803
             4030601-116180-712020 Overtime                            5,134     5,134       5,134
             4030601-116180-722790 Social Sec.                         5,034     5,034       5,034
             4030601-116180-722770 Retirement                         20,682   20,682       20,682
             4030601-116180-722780 Hospitalization                    10,704   10,704       10,704
             4030601-116180-722760 Group Life                            197       197         197
             4030601-116180-722750 Workers Comp                        1,715     1,715       1,715
             4030601-116180-722810 Disability                            230       230         230
             4030601-116180-722820 Unemployment                          132       132         132
             4030601-116180-722800 Dental                                698       698         698
             4030601-116180-722850 Optical                                54        54          54
             4030601-116180-750070 Deputy Supplies                       393       393         393

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           4030601-116180-750581       Uniforms                   466     466               466
           4030601-116180-730653       Equip Rental               180     180               180
           4030601-116180-774677       Insurance Fund             595     595               595
           4030601-116180-773535       CLEMIS                     163     163               163
                                       Total Expenditures    $112,180 $112,180         $112,180
                                                       FINANCE COMMITTEE

       Vote on Consent Agenda:
       AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
       Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
       Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
       NAYS: None. (0)

A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted and appointments being
confirmed).

Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance
Committee.

REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS
AND AUTHORITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies for the boards, commissions,
committees and councils herein mentioned, recommends the filling of those vacancies as follows (names
included are of those who would be up for reappointment):
        AIRPORT COMMITTEE (One-Year Term: 1/01/10 - 12/31/10)
        Christine Long, Tom Middleton, John Scott, Tim Burns (minority party member),
        David VanderVeen (Executive Designee)
        AREA AGENCY ON AGING (Two-Year Term: 1/01/10 - 12/31/11)
        Jan Dolan (Older Adult Representative)
        BUILDING AUTHORITY (Three-Year Term: 1/01/10 - 12/31/12)
        Harvey Wedell
        PARKS & RECREATION COMMISSION (Three-Year Term: 1/01/10 - 12/31/12)
        Charles Palmer
        John Scott (Commissioner’s seat)
        RETIREMENT COMMISSION (Four-Year Term: 1/01/10 - 12/31/13)
        D’Arcy A. Gonzales
        SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) (One-Year Term:
        1/01/10 - 12/31/10)
        Delegates                       Alternates
        L. Brooks Patterson             David VanderVeen
        Jeff Potter                     Doug Smith
        Christine Long                  David Potts
        John Scott                      Tim Greimel
        Eric Coleman                    Marcia Gershenson
        Jim Nash                        David Coulter
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                       GENERAL GOVERNMENT COMMITTEE

Copy of Application Form for Appointment to Boards, Committees and Commissions and Letter from Tina
Abbate Marzolf, Chief Executive Officer, Area Agency on Aging 1-B on file in County Clerk’s office.
                                                  996
Commissioners Minutes Continued. December 9, 2009


Moved by Long supported by Middleton the General Government Committee Report be accepted.

A sufficient majority having voted in favor, the report was accepted.

Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none.

Moved by Long supported by Middleton the Appointments to Various Boards, Commissions and
Authorities as presented in the General Government Committee Report be confirmed.

        Vote on appointments:
        AYES: Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Jackson, Jacobsen,
        Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Burns. (18)
        NAYS: Gershenson, Hatchett, McGillivray, Nash, Schwartz, Woodward, Zack. (7)

A sufficient majority having voted in favor, the appointments were confirmed.

REPORT (MISC. #09259)
BY: General Government Committee, Christine Long, Chairperson
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY – MILLAGE REQUEST FOR AUGUST 3,
2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on November 30,
2009, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                      GENERAL GOVERNMENT COMMITTEE

MISCELLANEOUS RESOLUTION #09259
BY: Commissioners John Scott, Bill Bullard, Kim Capello, Sue Ann Douglas, Michael Gingell, Robert
Gosselin, Brad Jacobsen, Christine Long, Tom Middleton, Jeff Potter, Jim Runestad, Shelley Taub
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - MILLAGE REQUEST FOR AUGUST 3,
2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on March 30, 1995, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #95083, Act 196 Public Transportation Authority-Articles of Incorporation, establishing the
Oakland County Public Transportation Authority (OCPTA); and
WHEREAS in accordance with the Articles of Incorporation, as adopted and amended, Article VI, OCPTA
may not place a millage question before its member communities without the prior authorization of the
Oakland County Board of Commissioners; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners supports the
right of voters residing in public transit authority opt-in communities to choose whether or not they wish to
continue their support of public transit; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not
constitute either support or non-support of this particular millage issue; and
WHEREAS 23 Oakland County communities, including the Cities of Auburn Hills, Berkley, Birmingham,
Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak
Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy, and Walled Lake; the Townships of West
Bloomfield, Royal Oak and Bloomfield; and the Villages of Beverly Hills, Bingham Farms and Franklin,
have chosen to retain membership in the OCPTA and have voted to adopt a millage in support of public
transportation services for their communities; and
WHEREAS the millage approved by transit authority area voters in 2006 expires with the 2009 tax year;
and

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Commissioners Minutes Continued. December 9, 2009

WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) has indicated that a
continued rate of .59 mills is needed to fund the needs of the public transit dependent, the senior and the
disabled communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCL
124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the
proposition of establishing a .59 millage rate for the years 2010, 2011, 2012 and 2013, inclusive, to
support public transportation within the OCPTA area.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed
on the August 3, 2010 primary election ballot.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition form reflect
the withdrawal or addition of political subdivisions from or to the Authority if same occurs.
BE IT FURTHER RESOLVED that the County Clerk is directed to do all things and provide all supplies
necessary for the placing of this question on the ballot as required by law.
Chairperson, we move the adoption of the foregoing resolution.
                                                            JOHN SCOTT, JEFF POTTER, CHRISTINE
                                                            LONG, BILL BULLARD, MICHAEL GINGELL,
                                                            KIM CAPELLO, ROBERT GOSSELIN, JIM
                                                            RUNESTAD,            BRADFORD     JACOBSEN,
                                                            THOMAS MIDDLETON, SHELLEY TAUB, SUE
                                                            ANN DOUGLAS

FISCAL NOTE (MISC. #09259)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - MILLAGE REQUEST FOR AUGUST 3,
2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
    1. The resolution authorizes the Oakland County Public Transportation Authority to utilize Section
         18 of the Act 196, MCL 124.468 (Property Taxation), for the purpose of placing before voters
         residing in the OCPTA area the proposition of establishing a .59 millage rate for the years 2010,
         2011, 2012, 2013 inclusive, to support public transportation within the OCPTA area.
    2. The proposition is to be placed on the August 3, 2010 primary election ballot.
    3. There are no financial implications to the County by placing this proposition on the primary
         election ballot for August 3, 2010.
                                                                   FINANCE COMMITTEE

Moved by Long supported by Scott the resolution (with fiscal note attached) be adopted.

Moved by Long supported by Scott the General Government Committee Report be accepted.

A sufficient majority having voted in favor, the report was accepted.

Discussion followed.

Moved by Schwartz supported by Burns to substitute Miscellaneous Resolution #09259 with a new
resolution.

Commissioner Douglas objected stating that the amendment was not germane.

Chairperson Bill Bullard, Jr. declared a brief recess to discuss the issue with Judy Cunningham,
Corporation Counsel.

Chairperson Bill Bullard, Jr. called the meeting back to order at 8:13 p.m.
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Commissioners Minutes Continued. December 9, 2009


Chairperson Bill Bullard, Jr. ruled that the amendment was not germane.

Moved by Schwartz supported by Nash to reverse the decision of the Chair.

        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 motion failed.

Moved by Schwartz supported by Potts to amend the resolution as follows:
       2010, 2011, 2012 and 2013, and to insert 2009 and 2010

Discussion followed.

Commissioner Douglas, as a point of order, stated the amendment is not the same as what is written.

Chairperson Bill Bullard, Jr. declared a brief recess.

Chairperson Bill Bullard Jr. called the meeting back to order at 8:19 p.m.

Commissioner Schwartz withdrew the motion and Commissioner Potts withdrew support.

Moved by Schwartz supported by Potts the resolution be amended in the NOW THEREFORE BE IT
RESOLVED paragraph to strike 2012 and 2013 and to leave the years 2010 and 2011, so it would be a
two year millage.

As a point of order, Commissioner Gingell asked for clarification on the amendment.

Discussion followed.

Gerald Poisson, Deputy County Executive, addressed the Board.

Discussion followed.

        Vote on amendment:
        AYES: Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Potts, Schwartz,
        Woodward, Zack, Burns, Coleman. (13)
        NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Runestad, Scott, Taub,
        Bullard, Capello. (12)

A sufficient majority having voted in favor, the amendment carried.

Moved by Taub supported by Jacobsen to amend the resolution to strike the last WHEREAS paragraph
and change the millage rate in the first NOW THEREFORE BE IT RESOLVED paragraph from .59 to .54.

Discussion followed.

Commissioner Taub withdrew the motion and Commissioner Jacobsen withdrew support.

Moved by Taub supported by Gosselin to add another BE IT FURTHER RESOLVED paragraph to read:
       BE IT FURTHER RESOLVED that all “Opt-In” communities receive double the current
       Community Credits if their total tax millage contribution to SMART is over $1.8 million and
       if they operate their own senior/disabled Community Transportation System.
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Commissioners Minutes Continued. December 9, 2009


Discussion followed.

Chairperson Bill Bullard, Jr. reopened Public Comment.

Gerald Poisson, Deputy County Executive, and Steve Brown, Interim Director of SMART, addressed the
Board.

Discussion followed.

        Vote on amendment:
        AYES: Gosselin, Jacobsen, Taub. (3)
        NAYS: Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Long, McGillivray, Middleton,
        Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello,
        Coleman, Coulter. (22)

A sufficient majority not having voted in favor, the amendment failed.

Moved by Taub supported by Gosselin to add another BE IT FURTHER RESOLVED paragraph to read:
       BE IT FURTHER RESOLVED that an “Opt-In” community operating its own Community
       Transportation system can request of SMART to operate both their current system and the
       SMART mini-transit bus system.

Discussion followed.

        Vote on amendment:
        AYES: Gershenson, Gosselin, Jacobsen, Runestad, Taub, Douglas. (6)
        NAYS: Gingell, Greimel, Hatchett, Jackson, Long, McGillivray, Middleton, Nash, Potter, Potts,
        Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (19)

A sufficient majority not having voted in favor, the amendment failed.

Discussion followed.

        Vote on resolution, as amended:
        AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
        Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Capello,
        Coleman, Coulter, Douglas, Gershenson. (24)
        NAYS: Zack. (1)

A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.

REPORT (MISC. #09261)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SB 750 AND HB 5213
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on November 30,
2009, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                      GENERAL GOVERNMENT COMMITTEE




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Commissioners Minutes Continued. December 9, 2009

MISCELLANEOUS RESOLUTION #09261
BY: Commissioner Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SB 750 AND HB 5213
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS drug-related crime remains a serious problem in the State of Michigan, including Oakland
County; and
WHEREAS existing law allows law enforcement agencies to seize real property, including buildings and
other structures, that is used by criminals in connection with drug-related crime; and
WHEREAS the forfeiture of real property used in connection with drug-related crime provides an
important disincentive to the selling and trafficking of drugs, while simultaneously providing an additional
resources to law enforcement agencies; and
WHEREAS under existing law, forfeiture proceedings can take a very long time, thereby lessening the
disincentive to the selling and trafficking of drugs and delaying the delivery of needed resources to law
enforcement agencies that combat the drug trade; and
WHEREAS state Senator John Pappageorge has introduced Senate Bill 750, and state Representative
Marie Donigan has introduced House Bill 5213; and
WHEREAS SB 750 and HB 5213 would allow seizing agencies to expedite forfeiture proceedings after
obtaining the approval of county prosecutors or the state attorney general on the basis that the forfeited
building/structure presents a health or safety risk; and
WHEREAS SB 750 and HB 5213 would continue to ensure that those who own or have another legal
interest in real property are still provided with adequate due process protections; and
WHEREAS SB 750 and HB 5213 would specify that an seizing agency could dispose of forfeited property
by: (a) preserving it for historic purposes; (b) converting it to a park or natural area; (c) demolishing it; or
(d) conveying it to the state, a local unit of government, or a non-profit entity to: (i) use as a facility in
which to provide substance abuse treatments and rehabilitation services, (ii) use as a facility in which to
provide drug resistance education or crime prevention education; (iii) use as a facility in which to provide
job training skills to members of the community; or (iv) use as a facility to provide housing to individuals
within the community who are displaced due to drug crime; and
WHEREAS SB 750 and HB 5213 would consequently strengthen the ability of law enforcement agencies
to enforce our state and nation’s drug laws and stymie the selling and trafficking of drugs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports SB 750 and HB 5213, encourages the state Senate and state House of Representatives to pass
them, and encourages Governor Jennifer Granholm to sign such a bill.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners asks the Oakland
County Clerk to send copies of this resolution to all members of the Michigan Legislature and to Governor
Jennifer Granholm.
Chairperson, we move the foregoing resolution.
                                                            TIM GREIMEL, GARY McGILLIVRAY, MATTIE
                                                            HATCHETT, DAVID COULTER, MARCIA
                                                            GERSHENSON, HELAINE ZACK, DAVID
                                                            WOODWARD, TIM BURNS, JANET JACKSON,
                                                            STEVEN SCHWARTZ, DAVID POTTS

Moved by Long supported by Greimel the resolution be adopted.

Moved by Long supported by Greimel the General Government Committee Report be accepted.

A sufficient majority having voted in favor, the report was accepted.

Discussion followed.




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Commissioners Minutes Continued. December 9, 2009

        Vote on resolution:
        AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
        Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
        Coleman, Coulter, Douglas, Gershenson, Gingell. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution was adopted.

REPORT (MISC. #09282)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR PROTECTING SECTION 20J FUNDS FOR
OAKLAND COUNTY SCHOOL DISTRICTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on November 30,
2009, hereby recommends that the resolution be amended as follows:
    1. Amend the BY: line to include: “Steve Schwartz, District #14; Jim Runestad, District #6; Kim
        Capello, District #9; Gary McGillivray, District #24
    2. Strike the 7th WHEREAS paragraph and insert the following two WHEREAS paragraphs:
            WHEREAS “20J” School Districts received an additional reduction in State funding, in excess
            of the $165 per pupil and $127 per pupil reductions; and
            WHEREAS in Oakland County these reductions for “20J” School Districts include:
            Birmingham ($957,520), Royal Oak ($1,347,794), Southfield ($1,282,239), Avondale
            ($1,117,251), Bloomfield Hills ($614,201), Clarenceville ($563,293), Novi ($1,695,421), Troy
            ($2,961,023), West Bloomfield ($1,738,614), Farmington ($2,205,325), Lamphere ($455,738)
            and Walled Lake ($4,479,393); and
    3. Insert the following as the 1st BE IT FURTHER RESOLVED:
            BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests
            that the State Legislature and Governor Granholm adopt a budget process that allows public
            school districts to know what their State funding is prior to June 1 of each year.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                            GENERAL GOVERNMENT COMMITTEE

MISCELLANEOUS RESOLUTION #09282
BY: Shelley Taub, District #16, Marcia Gershenson, District #17, Christine Long, District #7, David Potts,
District #20, David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR PROTECTING SECTION 20J FUNDS FOR
OAKLAND COUNTY SCHOOL DISTRICTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in Fiscal Year 1994-95, Michigan’s school finance system was revamped, and the “foundation
allowance” became the basic mechanism used to distribute state funding in school districts. A foundation
allowance is a per-pupil amount that is allocated to each school district and is used to pay for school
operations; and
WHEREAS 15 years ago when voters approved Proposal A, they were assured that those school districts
which had shown strong financial support for their schools would not be penalized – they would be “held
harmless”. The intention was to close the school funding gap; and
WHEREAS the State School Aid Act first included Section 20j in P.A. 119 of 1999, to take effect in
Fiscal Year 1999-2000. The hold harmless school districts have a foundation allowance above the State
Maximum Foundation Alliance and must levy local millages to make up the difference between their
maximum and foundation allowance; and
WHEREAS since 1994, approximately two-thirds of Michigan’s school districts have received a 125%
increase in funding, while “hold harmless” districts have been held to an increase of approximately 17%;
and

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Commissioners Minutes Continued. December 9, 2009

WHEREAS Section 1211(3) of the Revised School Code prohibits “hold-harmless” districts from collecting
more than an inflationary increase in their per-pupil State and local revenue from one year to the next
year. This means that if the dollar increase in the basic foundation allowance exceeds the inflation rate
when applied to a hold harmless district’s previous year foundation allowance (not when applied to the
basic foundation allowance itself), the district cannot by law levy the number of mills necessary to receive
the full dollar increase given in the basic foundation allowance; and
WHEREAS in October, Governor Granholm’s vetoed $52 million in 20j funding, leaving 40 school
districts, which adopted their annual budgets in June, abruptly without adequate funding; and
WHEREAS there are 40 “hold harmless” school districts in Michigan, and 12 are located in Oakland
County: Avondale School District, Birmingham City School District, Bloomfield Hills School District,
Clarenceville School District, Farmington Public School District, Lamphere Public Schools, Novi
Community Schools, School District City of Royal Oak, Southfield Public School District, Troy Public
School District, Walled Lake Consolidated School District and West Bloomfield School District; and
WHEREAS the Michigan House has recently passed a K-12 supplemental bill for Fiscal Year 2009-10
(HB 4860) which reduces the governor’s proration of $212 million by appropriating $184 federal stimulus
funds. This reflects reducing the cut from $127 per student to $10 by tapping these federal funds set
aside to cover the budget hole in 2010-11.
WHEREAS the supplemental amendments in House Bill 4860, restored half of the 20j school district
funding of $25.7 million (which represents only one-half of FY 2009-10 funding level); and
WHEREAS the $59 million in total funding for Section 20j, Section 20l, and Section 32d is from the
Michigan Future Fund – currently an unfunded revenue source; and
WHEREAS the continuous effort to cut 20j funding would be devastating to these school districts and will
have a detrimental impact on their ability to provide quality education.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges
Governor Granholm and the Michigan Legislature to preserve and protect the 20j funding for our local
schools.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan Legislature,
the school districts in Oakland County, Oakland Schools, the Michigan Association of Counties and
Oakland Counties Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
                                                            SHELLEY TAUB, MARCIA GERSHENSON,
                                                            ERIC COLEMAN, CHRISTINE LONG, ROBERT
                                                            GOSSELIN,      DAVID       POTTS,     MICHAEL
                                                            GINGELL, THOMAS MIDDLETON, JANET
                                                            JACKSON, BRADFORD JACOBSEN, TIM
                                                            GREIMEL, MATTIE HATCHETT, DAVID
                                                            WOODWARD, JIM RUNESTAD

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.




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Commissioners Minutes Continued. December 9, 2009

        Vote on resolution, as amended:
        AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
        Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
        Douglas, Gershenson, Gingell, Gosselin. (25)
        NAYS: None.

A sufficient majority having voted in favor, the resolution, as amended, was adopted.

REPORT (MISC. #09283)
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCATION OF STATE AND
FEDERAL TRANSPORTATION FUNDS BY POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on November 30,
2009, hereby recommends that the resolution be amended as follows:
    1. Title: BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCATION OF STATE AND
        FEDERAL TRANSPORTATION FUNDS BY POPULATION
    2. 6th WHEREAS: WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles of
        incorporation set forth the allocation between the city and the authority representing the counties
        of any grants applied for state and/or federal funds distributed by the RTCC; and
    3. 8th WHEREAS: WHEREAS the continued application of the 65/35 allocation formula has resulted
        in a net loss to SMART and its member counties of over $115 million since 1993 when compared
        to the amount of grants funds SMART would have qualified for had its share been determined
        using the state and federal statutes and regulations applicable at the time of distribution as if the
        designated subrecipients or direct recipients were allowed to and did apply for federal and state
        formula funds independently of each other and the RTCC; and
    4. 12th WHEREAS: Insert “Senate Bill 988” following the words “House Bill 4608.”
    5. NOW THEREFORE: Insert “SB 988” following the words “HB 4608.”
    6. 1st BE IT FURTHER: Insert “SB 988” following the words “HB 4608.”
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
                                                         GENERAL GOVERNMENT COMMITTEE

MISCELLANEOUS RESOLUTION #09283
BY: Shelley Taub, District #16
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCATION OF STATE AND
FEDERAL TRANSPORTATION FUNDS BY POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the Metropolitan Transportation Authorities Act of 1967, 1967 PA 204, as
amended, (Act 204), Oakland County is a member of the corporation known as the Regional Transit
Coordinating Council (RTCC) and is a member of the Suburban Mobility Authority for Regional
Transportation (SMART); and
WHEREAS membership in the RTCC also includes the City of Detroit, Wayne County outside of the City
of Detroit, Macomb County and Monroe County; and
WHEREAS Act 204 established the RTCC as the “designated recipient” to apply for federal and state
transportation and operating assistance grants in support of public transportation on behalf of its
members; and
WHEREAS section 4a (5) of Act 204 requires the RTCC’s annual grant application to designate the
distribution of all capital and operating funds which shall be paid directly to the city with a population over
750,000 and the authority representing the counties; and
WHEREAS SMART is the “authority representing the member counties” described in section 4a (5) of Act
204 and the City of Detroit (DDOT) is the city with a population over 750,000 while the remaining RTCC
area serviced by SMART has a population of 3 million; and

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Commissioners Minutes Continued. December 9, 2009

WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles of incorporation set forth the
allocation between the city and the authority representing the counties of any grants applied for by the
RTCC; and
WHEREAS the allocation between the city and the authority representing the counties established at the
inception of the RTCC in 1989 was 65% to the City of Detroit and 35% to SMART; and
WHEREAS the continued application of the 65/35 allocation formula has resulted in a net loss to SMART
and its member counties of over $115 million since 1993 when compared to the amount of grants SMART
would have qualified for had its share been determined using the state and federal statutes and
regulations applicable at the time of distribution as if the designated subrecipients or direct recipients
were allowed to and did apply for federal and state formula funds independently of each other and the
RTCC; and
WHEREAS Act 204 mandates that the RTCC act only by a unanimous vote of it membership entitled to
vote; and
WHEREAS the City’s representatives have been unwilling to modify the 65/35 allocation formulas that
has unfairly benefited the City by over $115 million since 1993, with some $73.8 million of the unfair
benefit having accrued between 2005 and 2009 alone; and
WHEREAS continuing such blatant inequity likely mortally injures both ongoing and future support for
public transportation and makes future development of a coordinated regional mass transportation
system in southeast Michigan unlikely; and
WHEREAS SMART is seeking passage of House Bill 4608, remedial legislation that would require the
RTCC’s designated distribution of federal and state formula funds, regardless of what entity is the
subrecipient or direct recipient of the funds, to be determined using the state and federal statutes and
regulations applicable at the time of distribution as if the designated subrecipients or direct recipients
were allowed to and did apply for federal and state formula funds independently of each other.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State
Legislature to pass, and asks the Governor to sign, HB 4608, giving the same immediate effect.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its lobbyist to undertake all
reasonable efforts to facilitate the speedy adoption of HB 4608.
BE IT FURTHER RESOLVED that the Clerk is directed to forward copies of this resolution to their
lobbyist, the State Legislature, Governor’s Office, the SMART Board of Directors and the members of the
RTCC.
Chairperson, we move the adoption of the foregoing resolution.
                                                          SHELLEY TAUB, TOM MIDDLETON, ROBERT
                                                          GOSSELIN, CHRISTINE LONG, MICHAEL
                                                          GINGELL, BRADFORD JACOBSEN, DAVID
                                                          POTTS, JIM RUNESTAD, JOHN SCOTT, SUE
                                                          ANN DOUGLAS

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.

        Vote on resolution, as amended:
        AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
        Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
        Douglas, Gershenson, Gingell, Gosselin, Greimel. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution, as amended, was adopted.
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MISCELLANEOUS RESOLUTION #09314
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2004 - 2010 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFFS’
ASSOCIATION (OCDSA)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the OCDSA, have been negotiating a contract for approximately
365 Sheriff’s Office employees covered by the Corrections and Court Services bargaining unit; and
WHEREAS a seven year agreement based on the attached fact finder’s recommendation has been
reached for the period October 1, 2004, through September 30, 2010; and
WHEREAS this agreement provides for a 2% increase for Fiscal Year 2004; a 3% increase for Fiscal
Year 2005; a 2% increase for Fiscal Year 2006, a 2% increase for Fiscal Year 2007, a 1% increase for
Fiscal Year 2008, a 2% increase for Fiscal Year 2009 and a 2.5% decrease for Fiscal Year 2010; and
WHEREAS effective with the ratification of this agreement employees in this bargaining unit’s health care
contribution shall be the same as the 2009 bi-weekly health benefit contribution provided for in
Miscellaneous Resolution #07216; and
WHEREAS new hires to this bargaining unit, after the ratification of this agreement, will no longer be
eligible for a retiree health care, but will be covered by a Health Savings Account with an annual County
contribution of $1,300 as provided for in Miscellaneous Resolution #05258; and
WHEREAS the agreement based on the fact finder’s recommendation has been reviewed by your Human
Resources Committee, which recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed
agreement between the County of Oakland and the OCDSA covering the period of October 1, 2004,
through September 30, 2010, and that the Board Chairperson on behalf of the County of Oakland, is
authorized to execute said agreement as attached.
Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution.
                                                            HUMAN RESOURCES COMMITTEE

Copy of State of Michigan Department of Consumer and Industry Services Michigan Employment
Relations Commission Fact Finding on file in County Clerk’s office.

FISCAL NOTE (MISC. #09314)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT– FISCAL YEAR 2004 – 2010 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFFS’ ASSOCIATION
(OCDSA)
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 County of Oakland and the Oakland County Deputy Sheriff’s Association (OCDSA)
            representing approximately 365 Sheriff’s Office employees covered by the Corrections and
            Court Services, Bargaining Unit #009 have agreed to a contract agreement covering the six
            (6) year period of October 1, 2004 through September 30, 2010.
         2. The agreement provides essentially the same wage and benefit agreement as non-union
            employees which includes a 2.5% wage reduction for Fiscal Year 2010, effective October 1,
            2009, and eliminates the $300 deferred compensation match effective January 2010.
         3. The impact of an additional 1% wage and fringe benefits increase for FY 2009 is
                                                                                                st
            approximately $349,826 a budget amendment will be offered with the FY 2010 1 Quarter
            Forecast report to adjust for this and other union settlements.
         4. The 2.5% wage and benefit reduction for FY 2010 equals approximately $896,989 in salaries
            and fringe benefits; of which salaries is $545,183 and fringe benefits is $351,806.

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Commissioners Minutes Continued. December 9, 2009

        5. The 2.5% wage and deferred compensation reduction is included in the FY 2010 Budget, and
           therefore, no budget amendment is recommended at this time.
                                                    FINANCE COMMITTEE

Moved by Douglas supported by Middleton the resolution (with fiscal note attached) be adopted.

Discussion followed.

        AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
        Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas,
        Gershenson, Gingell, Gosselin, Greimel, Hatchett. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.

MISCELLANEOUS RESOLUTION #09315
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE
TO THE DETROIT EDISON COMPANY – SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield
Township; and
WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of
Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to
place telecommunication antennae and related equipment on the water tower at Springfield Oaks County
Park; and
WHEREAS various utilities including electric service are required to make the antenna operational; and
WHEREAS the Detroit Edison Company has requested that the County of Oakland grant a 12-ft. wide
easement for underground electric service; and
WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have
agreed upon a route for the said underground electric service, which will provide electric service to the
base of the water tower at Springfield Oaks County Park; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for underground electric service and related
appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                          PLANNING AND BUILDING COMMITTEE

Copy of Request to Grant Easement to Detroit Edison Company Springfield Oaks County Park and Grant of
Non-Exclusive Underground Easement in Gross on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.




                                                    1007
Commissioners Minutes Continued. December 9, 2009

MISCELLANEOUS RESOLUTION #09316
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION
UTILITY SERVICE TO THE AT&T CORPORATION – SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield
Township; and
WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of
Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to
place telecommunication antennae and related equipment on the water tower at Springfield Oaks County
Park; and
WHEREAS various utilities including telephone line service are required to make the antenna operational;
and
WHEREAS the AT&T Corporation has requested that the County of Oakland grant a 12-ft. wide
easement for underground communication utility service; and
WHEREAS the Oakland County Parks and Recreation staff and the AT&T Corporation have agreed upon
a route for the said easement, which will provide underground communication utility service to the base of
the water tower at Springfield Oaks County Park; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground communication utility
service and related appurtenances to the AT&T Corporation 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 document.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                         PLANNING AND BUILDING COMMITTEE

Copy of Request to Grant Easement to AT&T Corporation Springfield Oaks County Park and Grant of
Non-Exclusive Underground Easement in Gross on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09317
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES
MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION
UTILITY SERVICE TO NEW PAR, A DELAWARE PARTNERSHIP, d/b/a VERIZON WIRELESS, LLC –
SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield
Township; and
WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of
Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to
place telecommunication antennae and related equipment on the water tower at Springfield Oaks County
Park; and
WHEREAS various utilities including telephone line service are required to make the antenna operational;
and




                                                  1008
Commissioners Minutes Continued. December 9, 2009

WHEREAS New Par, a Delaware Partnership, d/b/a Verizon Wireless, LLC has requested that the County
of Oakland grant a 12-ft. wide easement for underground communication utility service; and
WHEREAS the Oakland County Parks and Recreation staff and New Par, a Delaware Partnership, d/b/a
Verizon Wireless, have agreed upon a route for the said easement, which will provide underground
communication utility service to the base of the water tower at Springfield Oaks County Park; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for underground communication utility
service and related appurtenances to New Par, a Delaware Partnership, d/b/a Verizon Wireless, 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 document.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                          PLANNING AND BUILDING COMMITTEE

Copy of Request to Grant Easement to New Par, a Delaware Partnership, d/b/a Verizon Wireless, LLC
Springfield Oaks County Park and Grant of Non-Exclusive Underground Easement in Gross on file in
County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09318
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 06-
34-327-001, VACANT MUNGER ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the
Oakland County Parks and Recreation Commission and the Department of Facilities Management, with
the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the
attached Purchase Agreement with the Highland Equestrian Conservancy, for the purchase of
approximately 4.0-acres of vacant land located on the south side of Munger Road adjacent to the north
property line of Highland Oaks County Park; and
WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland
shall pay the Highland Equestrian Conservancy the sum of $10,000 via a cash sale for the purchase of
said property conditioned upon the County performing its required due diligence investigation of the
subject property; and
WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation
Land Acquisition Fund; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County
of Oakland, as purchaser, and the Highland Equestrian Conservancy, seller, via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents,
which may be required to complete the purchase of said property.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                         PLANNING AND BUILDING COMMITTEE


                                                 1009
Commissioners Minutes Continued. December 9, 2009

Copy of Approval and Acceptance of Purchase Agreement Highland Equestrian Conservancy Property
and Purchase Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09319
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KATHY RENAUD, GLEN
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Glen Oaks County Park; and
WHEREAS a one bedroom apartment identified as second floor 30500 Thirteen Mile Road is located on
the grounds of Glen Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said
apartment located at 30500 Thirteen Mile Road to Ms. Kathy Renaud for a period of five years
commencing January 1, 2010; and
WHEREAS under the terms and conditions of the attached Lease Agreement Ms. Renaud will pay rent in
the amount of $343.00 per month during the first year with annual increases as described in the lease,
pay all utility costs and provide after hours security, coordinate all emergency activities with local police
and fire agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement.
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Ms. Kathy Renaud.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Kathy Renaud, 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 Approval and Acceptance of Lease Agreement Glen Oaks County Park, PR09-012 Resolution and
Residential Lease Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09320
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH PATRICK T. OGG,
INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and
WHEREAS a ranch-style, three bedroom house, identified as 9489 Sashabaw Road, is located on the
grounds of Independence Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 9489 Sashabaw Road to Patrick T. Ogg for a period of five years commencing January 1,
2010; and
                                                   1010
Commissioners Minutes Continued. December 9, 2009

WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ogg will pay rent in the
amount of $880.00 per month during the first year with annual increases as described in the lease, pay all
utility costs and provide after hours security, coordinate all emergency activities with local police and fire
agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Patrick T. Ogg.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Patrick T. Ogg, 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 Approval and Acceptance of Lease Agreement Independence Oaks County Park, PR09-012
Resolution, and Residential Lease Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09321
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ADAM VOGEL AND
RYAN ERNST, WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS a ranch style two bedroom house identified as 1580 Scott Lake Road is located on the
grounds of Waterford Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 1580 Scott Lake Road to Adam Vogel and Ryan Ernst for a period of five years commencing
January 1, 2010; and
WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Vogel and Mr. Ernst will
pay rent in the amount of $682.50 per month during the first year with annual increases as described in
the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with
local police and fire agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Mr. Adam Vogel and
Mr. Ryan Ernst.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Adam Vogel and Ryan Ernst, which may be required.

                                                    1011
Commissioners Minutes Continued. December 9, 2009

Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
                                                     PLANNING AND BUILDING COMMITTEE

Copy of Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR09-012
Resolution, and Residential Lease Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09322
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ILA ROWLAND,
WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS a ranch style two bedroom house, identified as 2866 Watkins Lake Road, is located on the
grounds of Waterford Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 2866 Watkins Lake Road to Ila Rowland for a period of five years commencing January 1,
2010; and
WHEREAS under the terms and conditions of the attached Lease Agreement Ms. Ila Rowland will pay
rent in the amount of $703.00 per month during the first year with annual increases as described in the
lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local
police and fire agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Ms. Ila Rowland.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Ila Rowland, 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 Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR09-012
Resolution, and Residential Lease Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09323
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH STEVEN ERNST, WATERFORD OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and

                                                   1012
Commissioners Minutes Continued. December 9, 2009

WHEREAS an older barn is located easterly of 1580 Scott Lake Road on the grounds of Waterford Oaks
County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said barn
and a small plot of land located at 1580 Scott Lake Road to Steven Ernst for a period of five years
commencing January 1, 2010; and
WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ernst will pay rent in the
amount of $75.00 per month during the term of the lease; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Mr. Steven Ernst.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Steve Ernst, 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 Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR09-013
Resolution, and Lease on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

MISCELLANEOUS RESOLUTION #09324
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT –
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH BRIAN RATLEDGE,
WHITE LAKE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of White Lake Oaks County Park; and
WHEREAS a ranch style two bedroom house, identified as 1540 Orchard Street, is located on the
grounds of White Lake Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 1540 Orchard Street to Brian Ratledge for a period of five years commencing January 1, 2010;
and
WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ratledge will pay rent in
the amount of $405.00 per month during the first year with annual increases as described in the lease,
pay all utility costs and provide after hours security, coordinate all emergency activities with local police
and fire agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Brian Ratledge.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and
Recreation Rental House Revenue Fund line item.


                                                   1013
Commissioners Minutes Continued. December 9, 2009

BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Brian Ratledge, 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 Approval and Acceptance of Lease Agreement White Lake Oaks County Park, PR09-012
Resolution, and Residential Lease Agreement on file in County Clerk’s office.

The Chairperson referred the resolution to the Finance Committee. There were no objections.

REPORT (MISC. #09256)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES AND CONTRACT APPROVAL – JANUARY 1, 2010 THROUGH DECEMBER 31,
2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09256 on November 4, 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 #09256
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2010 THROUGH DECEMBER 31,
2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to
enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services;
and
WHEREAS new contract rates have been developed for the 12-month period commencing January 1,
2010, through December 31, 2010, consistent with the attached schedule; and
WHEREAS a proposed agreement has been developed and is attached; and
WHEREAS Corporation Counsel has reviewed the agreement.
NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law
Enforcement Services for the period January 1, 2010, through December 31, 2010:
     Contract                    2010
     Captain                     $167,385
     Lieutenant                   146,874
     Patrol Sergeant              132,481
     Det. Sergeant                136,088
     Dep II (w/fill)              140,928
     Dep II (no-fill)             118,413
     Dep II (no-fill/no vehicle)  112,180
     Patrol Inv.                  122,020
     Dep I (no-fill)               94,406
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board
and the Sheriff to sign agreements for Law Enforcement Services at these established rates with the
following communities:
     City of Rochester Hills
     Addison Township
                                                    1014
Commissioners Minutes Continued. December 9, 2009

   Brandon Township
   Commerce Township
   Highland Township
   Independence Township
   Lyon Township
   Oakland Township
   Orion Township
   Oxford Township
   Royal Oak Township
   Springfield Township
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                       PUBLIC SERVICES COMMITTEE

Copy of Oakland County Sheriff’s Office 2010 Law Enforcement Services Agreement, Schedule A –
Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B – Holiday Pay, and
Schedule C – Hourly Rates on file in County Clerk’s office.

FISCAL NOTE (MISC. #09256)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2010 THROUGH DECEMBER 31,
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. Miscellaneous Resolution #03264 authorized the establishment of Law Enforcement Services
         contract rates for the period January 1, 2004 through December 31, 2008.
    2. This resolution establishes Law Enforcement Services contract rates for the twelve (12) month
         period January 1, 2010 through December 31, 2010.
    3. The proposed contract rates cover direct operational costs.
    4. The FY 2010 Adopted Budget reflects estimated costs and revenues associated with these rates.
         Therefore, no budget amendment is recommended at this time.
                                                           FINANCE COMMITTEE

Moved by Runestad supported by Schwartz the resolution (with fiscal note attached) be adopted.

Moved by Runestad supported by Schwartz the Human Resources Committee Report be accepted.

A sufficient majority having voted in favor, the report was accepted.

Moved by Runestad supported by Schwartz the resolution be amended as follows:
       Strike the words “and contract approval” from the title and the third and fourth WHEREAS
       paragraphs.

A sufficient majority having voted in favor, the amendment carried.

        Vote on resolution, as amended:
        AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
        Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson,
        Gingell, Gosselin, Greimel, Hatchett, Jackson. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.

                                                   1015
Commissioners Minutes Continued. December 9, 2009

REPORT (MISC. #09257)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09257 on November 4, 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 #09257
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office
to enter into contractual agreements with various communities and organizations for the purpose of
providing deputies for traffic and security assignments for various activities and events; and
WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the
appropriate overtime rate and will invoice the requesting agency at rates established by the Board of
Commissioners; and
WHEREAS overtime rates have been developed for the period January 1, 2010 through December 31,
2010; and
WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement
Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry,
and rates which conform to estimated costs for all non-Oakland County communities and organizations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the
following hourly overtime rates for the period January 1, 2010, through December 31, 2010, for each
officer for the purpose of providing contracted traffic and security services:
     Contract     2010
     Lieutenant $83.50
     Sergeant $75.91
     Deputy II $66.01
     Deputy I     $49.11
BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and
events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol
Services, may be entered into at the prevailing, established contract overtime rates, upon the review and
approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will
be provided to the Public Services Committee on a semi-annual basis.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
                                                            PUBLIC SERVICES COMMITTEE

FISCAL NOTE (MISC. #09257)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT
OVERTIME RATES - JANUARY 1, 2010 THROUGH DECEMBER 31, 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. Miscellaneous Resolution #03265 authorized the establishment of Law Enforcement Services
         contract overtime rates for the period January 1, 2004 through December 31, 2008.

                                                  1016
Commissioners Minutes Continued. December 9, 2009

    2. This resolution establishes Law Enforcement Services contract overtime rates for the twelve (12)
       month period January 1, 2010 through December 31, 2010.
    3. The FY 2010/FY 2011/FY 2012 Adopted Budget reflects estimated costs and revenues
       associated with these rates and is subject to unknown variables. Therefore, no budget
       amendment is recommended at this time.
                                                     FINANCE COMMITTEE

Moved by Runestad supported by Coleman the resolution (with fiscal note attached) be adopted.

Moved by Runestad supported by Coleman the Human Resources Committee Report be accepted.

A sufficient majority having voted in favor, the report was accepted.

        Vote on resolution:
        AYES: Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
        Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell,
        Gosselin, Greimel, Hatchett, Jackson, Jacobsen. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.

Motion to Discharge MR #09129 – Board of Commissioners – Authorizing Intergovernmental Transfer to
Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s
Indigent Hospitalization Program with Oakland Health Plan, Inc. from the General Government and
Finance Committees as requested by Commissioner Dave Coulter.

Commissioner Dave Coulter withdrew his motion and gave notice that he plans to discharge the
resolution at the next regular Board Meeting on January 20, 2010.

MISCELLANEOUS RESOLUTION #09325
BY: Commissioners Michael Gingell and Tim Greimel
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 977 – LOCAL JURISDICTION
OF SPEED LIMITS ON GRAVEL ROADS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #06257 indicated that the Oakland County Board of
Commissioners did not support legislation that would amend the Michigan Vehicle Code (MCL 257.628
and 257.629) which established that if a speed limit sign is not present on residential gravel and dirt
roads, the “general speed limit” of 55 miles per hour applies; and
WHEREAS many Oakland County communities, comprising up to 283 gravel roadways, had previously
established 25 mile per hour speed limits on residential gravel roads. These communities are negatively
impacted when inappropriate increases in the speed limits on roadways are mandated; and
WHEREAS Senate Bill 977 proposes to restore lower speeds on gravel roads, unless local officials
request county road agencies for higher speed limits.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the enactment of Senate Bill 977 and providing local units of government with the ability to
establish the most appropriate speed limits on local gravel roads and urges Governor Granholm to sign
this legislation allowing for its immediate implementation.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer Granholm, Senator Nancy Cassis, Senator Michael Bishop,
Senator Deborah Cherry, the Senate Transportation Committee, the Oakland County delegation to the
Michigan legislature, the Road Commission for Oakland County and Oakland County's Legislative
Lobbyists.




                                                    1017
Commissioners Minutes Continued. December 9, 2009

Chairperson, we move the adoption of the foregoing resolution.
                                                       MICHAEL GINGELL, TIM GREIMEL, JIM
                                                       NASH,   GARY    McGILLIVRAY,  MARCIA
                                                       GERSHENSON, ERIC COLEMAN, STEVEN
                                                       SCHWARTZ,    MATTIE   HATCHETT,  TIM
                                                       BURNS, DAVID POTTS, JANET JACKSON,
                                                       JOHN SCOTT, SUE ANN DOUGLAS,
                                                       BRADFORD       JACOBSEN,     THOMAS
                                                       MIDDLETON, JEFF POTTER, CHRISTINE
                                                       LONG, KIM CAPELLO, DAVID WOODWARD

Moved by Greimel supported by Gingell to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09325 - BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 977 – LOCAL
JURISDICTION OF SPEED LIMITS ON GRAVEL ROADS.

        Vote on motion to suspend the rules:
        AYES: McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
        Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
        Greimel, Hatchett, Jackson, Jacobsen, Long. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09325 - BOARD OF COMMISSIONERS – SUPPORT FOR SENATE
BILL 977 – LOCAL JURISDICTION OF SPEED LIMITS ON GRAVEL ROADS carried.

Moved by Greimel supported by Gingell the resolution be adopted.

        AYES: Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
        Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
        Hatchett, Jackson, Jacobsen, Long, McGillivray. (25)
        NAYS: None. (0)

A sufficient majority having voted in favor, the resolution was adopted.

MISCELLANEOUS RESOLUTION #09326
BY: Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY CITIZEN ACADEMY STUDY GROUP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS across our nation, counties have recognized the benefit of establishing a “Citizens Academy”
to support the community as a whole by enabling interested residents to become more involved in local
government by educating them about county government policies and procedures; and
WHEREAS by establishing a Citizens Academy, county governments develop a partnership with citizens;
encourage citizens to take a more active role in government; meet and interact with other community-
minded citizens; and foster an atmosphere for discussion and questions; and
WHEREAS many county-sponsored Citizens Academies offer a curriculum that involves seminars and
workshops featuring topics, such as: elections, growth management, community service, public
protection, emergency services, the correctional system, property assessments, budgets, information
technology, parks, personnel and courtroom watching; and
WHEREAS an Oakland County Citizen Academy would provide a unique opportunity for citizens to
develop a better understanding about Oakland County government and create an appreciative learning
experience and understanding that participants can take back to their communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the concept of establishing an Oakland County Citizens Academy program designed to engage
community members in participation, communication, mutual learning and understanding of the
operations of Oakland County government.
                                                   1018
Commissioners Minutes Continued. December 9, 2009

BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a Citizens
Academy Study Group, with membership comprised of representatives from the offices of the County
Executive, County Clerk/Register of Deeds, County Sheriff, County Prosecuting Attorney, County
Treasurer, Circuit Court Judges, Parks and Recreation Commission, Road Commission for Oakland
County, and any county department or division that is interested in participating.
BE IT FURTHER RESOLVED that at least two (2) Oakland County Commissioners shall be appointed to
serve on the Citizen Academy Study Group, with a minimum of one (1) Commissioner from the majority
party and one (1) Commissioner from the minority party to be recommended by the General Government
Committee to the full Board of Commissioners.
BE IT FURTHER RESOLVED that the Citizen Academy Study Group shall submit its recommendations to
the Board of Commissioners through its appropriate committees no later than March 30, 2010.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Oakland County’s Executive, Clerk/Register of Deeds, Sheriff, Prosecutor Attorney,
Treasurer, Circuit Court Judges, Parks and Recreation Commission, Water Resources Commissioner,
and Road Commission for Oakland County.
Chairperson, we move the adoption of the foregoing resolution.
                                                          ERIC COLEMAN, JANET JACKSON, TIM
                                                          GREIMEL,        DAVID    COULTER,       GARY
                                                          McGILLIVRAY,         JIM  NASH,      MARCIA
                                                          GERSHENSON, HELAINE ZACK, MATTIE
                                                          HATCHETT, STEVEN SCHWARTZ, TIM
                                                          BURNS, KIM CAPELLO, DAVID POTTS

The Chairperson referred the resolution to the General Government Committee.            There were no
objections.

MISCELLANEOUS RESOLUTION #09327
BY: Eric Coleman, District #23
IN RE: BOARD OF COMMISSIONERS – SMART TRANSPORTATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan Public Act 204 of 1967, created SEMTA (Southeastern Michigan Transportation
Authority) which was responsible for public transportation services and facilities for the Southeastern
Michigan region; and
WHEREAS In 1989, Public Act 204 was amended and SEMTA was renamed SMART (Suburban Mobility
Authority for Regional Transportation); and
WHEREAS regular and timely information is not being received from SMART relative to budgetary
projections or anticipated changes in transportation service; and
WHEREAS transparency is government is encouraged because it promotes accountability and provides
information for citizens and decision-makers; and
WHEREAS government and public agencies should be participatory and collaborative. Public
engagement enhances the effectiveness and improves the quality decisions. Knowledge is widely
dispersed in society, and public officials benefit from having access to that knowledge; and
WHEREAS the Oakland County Board of Commissioners, as the duly elected representatives of the
citizens of Oakland County, should have current access to information relative to regional transportation
that is supported by our local taxpayers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
requests the Executive Director and/or Board of Directors of SMART to provide the Oakland County
Board of Commissioners, through the General Government Committee, with the following information:
      By-laws and Rules and Procedures (and any subsequent updates)
      Annual Financial Report
      The Annual Report
      Minutes from Board of Director’s Meetings
      Minutes from all Committee Meetings
      Updates of any budgetary changes
      Updates of any changes in service
                                                      1019
Commissioners Minutes Continued. December 9, 2009

      Updates of any changes in fares
      Updates of any deficit reduction plans
      Copies of Press Releases
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests
that at least once a year, that the Executive Director of SMART make a formal presentation on the status
of transportation service in Oakland County and the region.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Executive Director and each member of the Board of Directors of SMART.
Chairperson, we move the adoption of the foregoing resolution.
                                                  ERIC COLEMAN, JANET JACKSON, TIM GREIMEL,
                                                  DAVID COULTER, GARY McGILLIVRAY, MARCIA
                                                  GERSHENSON, JIM NASH, HELAINE ZACK, TIM
                                                  BURNS, STEVEN SCHWARTZ, MATTIE HATCHETT,
                                                  KIM CAPELLO

The Chairperson referred the resolution to the General Government Committee.            There were no
objections.

MISCELLANEOUS RESOLUTION #09328
BY: David Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – AUTHORIZATION OF THE OPERATION OF THE OAKLAND
COUNTY FLEA MARKET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS for more than 40 years, Oakland County has operated a farmers market and a flea market.
The farmers market offers fresh farm, garden, orchard, and greenhouse products, while antiques,
collectibles, and other miscellaneous items are available at the flea market; and
WHEREAS the farmers market closed for the season on October 25, and the flea market, which typically
is open year-round, also closed in October due to concerns that Michigan law does not allow counties to
run flea markets; and
WHEREAS Senate Bill 935 was introduced by Senator Deborah Cherry and House Bill 5525 was
introduced by Representatives Marie Donigan, Gail Haines, Eileen Kowall, Tim Melton, Ellen Cogen
Lipton, Vincent Gregory, Lisa Brown, and Vicki Barnett; and
WHEREAS Senate Bill 935 has passed the Michigan State Senate and the Michigan House of
Representatives as of Tuesday, December 9, 2009 and now awaits the signature of Governor Jennifer
Granholm; and
WHEREAS upon enactment, this legislation grants county’s with the authority to establish and operate
flea markets; and
WHEREAS the legislation provides that if a county board of commissioners of a county that has adopted
an optional unified form of county government (under Public Act 139 of 1973) establishes a market, then
the county executive or county manager of that county would have control of the market, and could issue
regulations for the use and operation of the market.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
officially authorizes the establishment of the Oakland County Flea Market, immediately upon the
enactment of the enabling legislation in the State of Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests the
Oakland County Executive to issue regulations for the use and operation of the flea market and forward a
copy to the Board of Commissioners.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners expresses their
appreciation to the State of Michigan Senators and Representatives from Oakland County and their
efforts to expedite the consideration and adoption of these bills.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm, the Oakland County delegation to the Michigan
Legislature, Oakland County Executive L. Brooks Patterson, the Michigan Association of Counties and
Oakland Counties Legislative Lobbyists.

                                                 1020
Commissioners Minutes Continued. December 9, 2009

Chairperson, we move the adoption of the foregoing resolution.
                                                       DAVID WOODWARD, JOHN SCOTT, MICHAEL
                                                       GINGELL, JIM NASH, ROBERT GOSSELIN,
                                                       DAVID COULTER, DAVID POTTS, HELAINE
                                                       ZACK, JIM RUNESTAD, ERIC COLEMAN, SUE
                                                       ANN DOUGLAS, TIM GREIMEL, SHELLEY
                                                       TAUB, MATTIE HATCHETT, CHRISTINE
                                                       LONG, JANET JACKSON, BILL BULLARD,
                                                       MARCIA     GERSHENSON,      BRADFORD
                                                       JACOBSEN, GARY McGILLIVRAY, TOM
                                                       MIDDLETON, TIM BURNS, JEFF POTTER

The Chairperson referred the resolution to the Planning and Building Committee.           There were no
objections.

The Board adjourned at 9:49 p.m. to the call of the Chair or January 20, 2010, at 7:00 p.m.

RUTH JOHNSON                                                                         BILL BULLARD, JR.
Clerk                                                                                Chairperson




                                                  1021

				
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