HomeMy WebLinkAboutResolutions - 2010.11.03 - 10255MISCELLANEOUS RESOLUTION #10279 October 21, 2010
BY General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS - ELECTIONS DIVISION - AGREEMENT FOR
BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL
MUNICIPALITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Urban Cooperation Act of 1967 permits local governments to enter
into interlocal agreements to provide services; and
WHEREAS Oakland County Corporation Counsel has drafted an agreement for the
cities, villages and townships in Oakland County to utilize the services of
the Oakland County Elections Division for Ballot Layout and Programming
Services at a cost of $300 per election; and
WHEREAS the proposed cooperative agreement between Oakland County and local
municipalities will result in an estimated $60,000 biennial savings to local
municipalities and $144,000 biennial savings to Oakland County; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves and authorizes the attached Agreement to govern the
relationship and responsihilities between the County and the following local
municipalities for ballot layout and programming services:
City of Auburn Hills
City of Berkley
City of Birmingham
City of Bloomfield Hills
City of the Village of Clarkston
City of Clawson
City of Farmington
City of Farmington Hills
City of Ferndale
City of Hazel Park
City of Huntington Woods
City of Keego Harbor
City of Lake Angelus
City of Lathrup Village
City of Madison Heights
City of Northville
City of Novi
City of Oak Park
City of Orchard Lake Village
City of Pleasant Ridge
City of Pontiac
City of Rochester
City of Rochester Hills
City of Royal Oak
City of South Lyon
City of Southfield
Township of Addison
Charter Township of Bloomfield
Charter Township of Brandon
Charter Township of Commerce
Township of Groveland
Charter Township of Highland
Township of Holly
Charter Township of Independence
Charter Township of Lyon
Charter Township of Milford
Township of Novi
Charter Township of Oakland
Charter Township of Orion
Charter Township of Oxford
Township of Rose
Charter Township of Royal Oak
Township of Southfield
Charter Township of Springfield
Charter Township of Waterford
Charter Township of West Bloomfield
Charter Township of White Lake
Village of Bingham Farms
Village of Franklin
Village of Lake Orion
Village of Milford
Village of Oxford
GENERAL GOVERMENT COMMITTEE
Motion carried unanimously on a roll call vote with Capello absent.
City of Sylvan Lake
City of Troy
City of Walled Lake
City of Wixom
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or his designee to execute the attached Agreement and
all other related documents between the County and the municipalities listed
above.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
AGREEMENT FOR BALLOT LAYOUT AND PROGRAMMING SERVICES
BETWEEN
OAKLAND COUNTY
AND
«MUNICIPALITY&
This Ballot Layout and Programming Services Agreement (the "Agreement") is made between
Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac,
Michigan 48341 ("County"), and the <<Municipalityo, oStreetAddress», oCity_State», «ZipCode»
("Municipality"), In this Agreement the County shall be represented by the Oakland County Clerk, in
her official capacity as a Michigan Constitutional Officer. The County and the Municipality may also
be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501, et seq., the County and the Municipality enter into this Agreement for the purpose of
providing the ballot layout and programming required to enable electronic voting machines to read
election ballots.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other mutually
agreed to written and executed modification, amendment, or addendum.
1,2. AutoMARK Programming File means a computer program that, when placed on a Flash
Card, will enable to the AutoMARK Voter Assist Terminal to function and properly mark
a voter's ballot.
AutoMARK. Voter Assist Terminal means an optical scan ballot-marking device that
provides voter privacy and accessibility to voters who are visually-impaired, or have
physical impairments.
1.4. Claim means include any and all losses, complaints, demands for relief, damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and
expenses, including, but not limited to, reimbursement for reasonable attorney fees,
witness fees, court costs, investigation, litigation expenses, amounts paid in settlement,
and/or any other amount for which either Party becomes legally and/or contractually
obligated to pay, 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.
BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT
Page 1
3. MUNICIPALITY RESPONSIBILITIES.
3.1, No later than sixty (60) days prior to each election in which there are County, Statewide or
Municipal issues to be voted upon, the Local Clerk shall complete and return to the
County:
3,1.1. The Pre-Election Questionnaire prepared by County.
3.1.2. A listing or verification of a listing, per precinct of each office to be elected on
the form provided by County.
3.1.3. Notification of any boundary changes made by Municipality since the previous
election.
3.2. Within three (3) business days of receipt from the County of an electronic version of the
ballots for each Municipal precinct, advise the County of any corrections that are needed
for any of the precinct ballots. This process will continue until a final version of the ballot
is approved by the Local Clerk.
3.3. Once a final version of the ballots are approved by the Local Clerk, the Local Clerk shall
immediately complete and return to County the Ballot Layout Sign Off Form provided by
County.
4. DURATION OF INTERLOCAL AGREEMENT.
41 The Agreement and any amendments hereto shall be effective when executed by both
Parties with concurrent resolutions passed by the governing bodies of each Party. The
approval and terms of this Agreement and any amendments hereto shall be entered in the
official minutes of the governing bodies of each Party. An executed copy of this
Agreement and any amendments shall be filed by the County Clerk with the Secretary of
State.
4.2. Unless extended by mutual, written agreement by both Parties, this Agreement shall
remain in effect for three (3) years from the date the Agreement is completely executed by
all Parties or until cancelled or terminated by any of the Parties pursuant to the termination
or cancellation of Agreement Section herein.
5. PAYMENTS. The Municipality hereby agrees to pay to the County the following amounts:
5.1. For all such County services associated with an election the Municipality shall pay to the
County an amount equal to THREE HUNDRED ($300.00) DOLLARS for each election.
5.2. The County, through its Department of Management and Budget and upon such frequency
as deemed appropriate by the County, shall prepare and forward to the Municipality an
itemized invoice for such Ballot Layout and Programming Services provided to the
Municipality pursuant to this Agreement. The Municipality agrees to pay the full amount
shown on any such invoice within thirty (30) calendar days after the date shown on any
such invoice.
BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT
Page 3
6.3. Except as otherwise provided in this Agreement, neither Party shall have any right under
any legal principle to be indemnified by the other Party or any of its officers or employees
in connection with any Claim.
6.4. This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party,
6.5. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
6.6. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
7. LIMITATION OF LIABILITY. In no event shall either Party be liable to the other Party or any
other person, for any consequential, incidental, direct, indirect, special, and punitive or other
damages arising out of this Agreement.
8• TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate or
cancel this Agreement upon ninety (90) days written notice, if: (i) the other Party defaults in any
obligation contained in this Agreement and within the ninety (90) day notice period the Party
failed to cure such default or failed to take a course of action to cure such default or (ii) for any
reason, including convenience. Any notification concerning default must be in writing and clearly
state the specific default(s). The effective date of termination and/or cancellation shall be clearly
stated in the written notice. Either the County Clerk or the Board of Commissioners is authorized
to terminate this Agreement for the County.
9. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional. statutory, and/or other legal right, privilege,
power. obligation, duty, or immunity of the Parties.
10. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or
rights under the Agreement without the prior written consent of the other Party.
11. FORCE MAJEURE. Notwithstanding any other term or provision of this Contract, neither
Party shalt be liable to the other for any failure of performance hereunder if such failure is due to
any cause beyond the reasonable control of that Party and that Party cannot reasonably
accommodate or mitigate the effects of any such cause. Such cause shall include, without
limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or
request of the United States government or of any other government, national emergencies,
insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties.
Reasonable notice shall be given to the affected Party of any such event.
BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT
Page 5
IN WITNESS WHEREOF, hereby acknowledges that
he/she has been authorized by a resolution of the «Municipality», a certified copy of which is
attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Agreement.
EXECUTED: DATE:
WITNESSED: DATE:
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of
Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this
Agreement.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
IN WITNESS WHEREOF, Ruth Johnson, in her official capacity as the Oakland County Clerk, a
Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this
Agreement.
EXECUTED:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
WITNESSED:
DATE:
DATE:
21:110-0575/Templatefirtalba11ot4oc
BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT
Page 7
Resolution #10279 October 21. 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #10279) November 3, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS — ELECTIONS DIVISION - AGREEMENT FOR
BALLOT LAYOUT AND PROGRAMMING SERVICES BETWEEN OAKLAND COUNTY AND LOCAL
MUNICIPALITIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Clerk Register of Deeds — Elections Division is responsible to manage all state and federal
elections and report the election results.
2. The Elections Division is qualified to provide ballot layout and election machine programming
services to local municipalities and the Oakland County Corporation has drafted an agreement for
the cities, villages and townships (CVT's) in Oakland County to utilize the services of the Oakland
County Elections Divisions for ballot layout and programming services at a cost of $300 per
election.
3. This is a contract renewal. and the proposed funding for this project and ongoing operating cost
are derived from the proposed cooperative agreement, which will result in an estimated $60,000
biennial savings to local municipalities and $144,000 biennial savings to Oakland County,
4. Revenues (Reimbursement General) and expenditures (Overtime and Election Supplies)
associated with these services are incorporated in the Adopted Budget for FY2011, 2012 and
2013, and therefore, no budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
I HEREBY APPROVEPIE FO G RESOLUTION
if/51 /12
Resolution #10279 November 3, 2010
Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Bullard, Burns, Coleman. Coulter, Douglas, Gershenson, Gingeil, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
3, 2010. with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 3'd day of November, 2010.
eat
Ruth Johnson, County Clerk