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HomeMy WebLinkAboutResolutions - 1996.12.12 - 24692REPORT (Misc. #96178) BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON IN RE: M.R. #96178, BOARD OF COMMISSIONERS--NEGOTIATION POLICY FOR CONTRACTUAL OBLIGATIONS IN EXCESS OF $1,000,000 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed M.R. #96178, on September 30, 1996, reports with the recommendation that the resolution be amended as follows: In the NOW THEREFORE BE IT RESOLVED paragraph, line 6, delete the sum of "$1,000,000" and insert --$500,000--; same paragraph, delete the last sentence which reads, "Should a conflict develop between parties, other legal counsel may be retained by either the Department of Corporation Counsel or the Board of Commissioners." Add the following new paragraph: --BE IT FURTHER RESOLVED that Corporation Counsel report back to the General Government Committee in six months with an analysis and recommendation for adjusting the $500,000 to a $200,000 level.-- Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing Report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #96178) BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS - NEGOTIATION POLICY FOR CONTRACTUAL OBLIGATIONS IN EXCESS OF $1,000,000 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance and Personnel Committee, having reviewed the above referenced resolution on December 5, 1996, reports with the recommendation that the resolution be adopted with the amendments recommended by the General Government Committee. The Finance and Personnel Committee further recommends the resolution be amended to add: BE IT FURTHER RESOLVED that copies of this resolution be distributed to all Oakland County Division Managers, Department Directors, Elected and Appointed Officials. Chairperson, on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE 12/5/96 MISCELLANEOUS RESOLUTION # 96178 BY: Commissioner Shelley Taub IN RE: BOARD OF COMMISSIONERS--NEGOTIATION POLICY FOR CONTRACTUAL OBLIGATIONS IN EXCESS OF $1,000,000 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as amended by Public Act 100 of 1980), the Unified Form of County Government Act,the Board of Commissioners may "establish policies to be followed by the government of the county in the conduct of its affairs and exercise all powers and duties vested in the board of county commissioners not inconsistent with this act.. .adopt and enforce rules establishing and defining the authority, duties and responsibility of county departments and offices... enter into agreements with other governmental entities for the performance of service jointly...accept gifts and grants- in-aid from a government or private source", and WHEREAS during the course of business and in relation to the performance of their duties, various employees, boards, commissions, and authorities are entering into negotiations for grants-in-aid, funding, purchase and sale of equipment, supplies, property, and services, and WHEREAS many of these negotiations require special skills, experience and expertise in the area of the negotiation as well as legal and financial expertise, and may involve considerable amounts of funds or create substantial debt or liability for the County. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby establish a policy that any negotiation undertaken by any County employee, department, board, commission, authority or agency which has the potential to incur expenditures, costs or contractual liability to the County of Oakland in an amount of $1,000,000 or more, be undertaken with a negotiating team which shall include the Department of Corporation Counsel. Should a conflict develop between parties, other legal counsel may be retained by either the Department of Corporation Counsel or the Board of Commissioners. Chairman, I move the adoption of the foregoing resolution. LL Cstist10 • THE FOREGOING RESOLUTION /21/, /74 Date erson, County Executive I HEREB L. Brooks—p- Resolution #96178 December 12, 1996 Moved by Schmid supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Taub the Finance and Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Schmid supported by Taub the resolution be adopted. Moved by Schmid supported by Taub the resolution be amended to coincide with the recommendation of the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Schmid supported by Taub the resolution be amended to coincide with the recommendation of the Finance and Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, 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 December 12, 1996 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 12th day of Decembp.4_1996. Sa‘Mn"- Lynd D. Allen, County Clerk