HomeMy WebLinkAboutResolutions - 1993.07.15 - 22712July 15, 1993
MISCELLANEOUS RESOLUTION f93115
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CENTRAL SERVICES/RADIO COMMUNICATIONS - SETTLEMENT C 800
Mhz RADIO COMMUNICATION SYSTEM MOTOROLA FLU, CING
AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #92191 directed the Board of
Commissioner's legal counsel, Mr. William P. Hampton, and Oakland
County's Corporation Counsel negotiate an agreement regarding the
financing of the 800 Mhz Radio Communication System that is
consistent with the requirements of the County's Request For
Proposal (REP) and the project contract with Motorola; and
WHEREAS the total 800 Mhz Radio System contract with Motorola
was $6,191,293.74, and the County has made principal payments of
$2,056,214.11 leaving a balance of $4,135,079.63; and
WHEREAS Miscellaneous Resolution #93081 authorized refinancing
the Radio System from the Delinquent Tax Revolving Fund and a
payment of $3,747,611.88 to Motorola leaving a $387,467.75 balance.
The balance is comprised of $173,636.75 for certain items to be
completed by Motorola and $213,831.00 of interest charges which the
County disputed; and
WHEREAS Miscellaneous Resolution #93081 authorized an escrow
amount of $387,467.75 and that a negotiated settlement be approved
by the Board of Commissioners; and
WHEREAS a Settlement Agreement between the County and Motorola
has been reached where Motorola will accept $75,000.00 as payment
in full for the $213,831.00 disputed interest charges and a payment
of $58,477.75 for additional items which Motorola has completed for
a total payment to Motorola of $133,477.75 due July 15, 1993 and an
escrow balance of $115,159.00 for items remaining to be complc:ted.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners
approves the attached Settlement Agreement with Motorola and
authorizes the Chairperson of the Board to execute the Settlement
Agreement which will resolve the dispute regarding the financing
agreement.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves a payment to Motorola in the amount of the
$133,477.75 consistent with the agreement and a remaining escrow
balance of $115,159.00 for items to be completed.
BE IT FURTHER RESOLVED the Board of Commissioners finds that
funds were provided by Miscellaneous Resolution #93081 for this
settlement so no budget amendments are necessary at this time.
Chairperson on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
I:\DAVE\RADIO\MOTAGR.MR
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day
of July, 1993, by and between the COUNTY OF OAKLAND, a Michigan
constitutional corporation ("County"), and MOTOROLA COMMUNICATIONS
AND ELECTRONICS, INC., an Illinois corporation, Motorola, Inc. and
their affiliates, subsidiaries and divisions (hereinafter referred
to as "Motorola") together with their respective shareholders,
attorneys, successors and assigns.
WITNESSETH:
WHEREAS, the County and Motorola entered into a
Communications System Agreement ("Agreement") dated March 25, 1991
for the County's purchase of an 800 MHz Trunked Simulcast Radio
Communications System to be designed and constructed by Motorola;
and
WHEREAS, a dispute arose between the parties to the
agreement with regard to the financing for the County's purchase
of said system and the amount of interest to be paid by the County
to Motorola pursuant to the Financing Agreements executed in
relation to same; and
WHEREAS, the County and Motorola have amicably negotiated
a settlement and resolution of the dispute between them regarding
the County's payment of interest to Motorola pursuant to the
Financing Agreements; and
WHEREAS, the County and Motorola now wish to reduce the
terms of their negotiated settlement to writing:
6 . Ai 4 By: By:
Its: Chairperson Its: Vice President
P-3 Dated: 7 Dated:
warranties with respect to the Radio Communications System),
rights, and remedies thereunder are hereby reaffirmed.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in counterpart by their duly authorized
representatives as of the last day and year written below.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC., an
Illinois Corporation
[4480/062593 INIKWW0 RK2]
Resolution #93115 July 15, 1993
Moved by McCulloch supported by Powers the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 cluly 15,1993 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 15th. 1923
14.se
inn D. Allen, County Clerk