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HomeMy WebLinkAboutResolutions - 1998.05.07 - 25447MISCELLANEOUS RESOLUTION #98088 April 23, 1998 BY: GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY, CHAIRPERSON IN RE: COUNTY CLERIC/REGISTER OF DEEDS - ELECTION DIVISION - AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF BRANDON, COMMERCE, HIGHLAND, MILFORD AND SPRINGFIELD AND THE CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers' Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Township of Brandon, Charter Township of Commerce, Charter Township of Highland, Charter Township of Milford, Charter Township of Springfield and the City of Novi have all agreed to and signed agreements to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached signed agreements from the Charter Township of Brandon, Charter Township of Commerce, Charter Township of Highland, Charter Township of Milford, Charter Township of Springfield and the City of Novi to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of these agreements by the Oakland County Board of Commissioners, copies of each shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT: Motion carried unanimously on a roll call vote. d2 CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS 01111101111110111MMIMMI This A " N T• TILIZE TH o . 01. 1 n 0 0 kik :0:0 0 CANVASSERS (hereafter this "Contract") is made and entered into between the City of Novi, a Michigan Constitutional and Municipal Corporation whose address is 45175W. Ten Mile Rd., Novi, Michigan 48375-3024 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)1 This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). HIE_OAKLANE CILINDLBOARELC 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 .do . 1 4 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .d2 supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 Tonni L: j Bart?Iolomew City Clerk Kathleen L. McLallen Mayor (Name) (Office title) of By: Nam`erneri5w, 7- - Municipality and Title d- 4-4A Apme parhar4. tto t_f Cif/ -e/ePA' Municipality and Title eaciees eierk By: Na KATHLEEN McLALLEWMeier Title, Name of LegiNative Body or Office By: . Allen OaklOnd County Clerk IN WITNESS WHEREOF, the City of Novi , hereby acknowledges that she/in has been authorized by a (Municipality Name) resolution of the City of Novi Council , a certified copy of which is attached, (Municipality legislative body) to execute this Contract on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Contract on this 22 day of January , lqqR . WITNESS: City of Novi, a Michigan Constitutional and Municipal Corporation By: - Name TONNI L BARTHOLOMEVV-CITY CLERK Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 County, and hereby ,accepts and binds the County to the terms and conditions of this Contract on this 1411" day of /71--etzi, , /rn" . WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: John P. Chairpers Commissi c ulloch, I , : Oakland County Board of ers CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Brandon, a Michigan Constitutional and Municipal Corporation whose address is 395 Mill Street, Ortonville, Michigan 48462 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 A . shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 WITNESS: By: Ii-D/ Allen Oakland County Clerk IN WITNESS WHEREOF, Sally Jo Swayne Clerk of (Name) (Office title) tga rter Township ofBrileecan rm] acknowledges that she/he has been authorized by a (Municipality Name) resolutionofthe Brandon Township Board (Municipality legislative body) , 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 on this 15thday of Dec-ember. 1997 WITNESS: Charter Township of Brandon, a Michigan Constitutional and Municipal Corporation Municipality and Title APOPP'-- ' Title, Name of Legislative Body Office IN WITNESS WHEREOF, John P. McCulloch, 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 County hereby accepts and binds the County to the terms and conditions of this Contract on this 771-- day of ----P1-4.21 /971 . COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: John P. jicCulloch, Chairpe on, Oakland County Board of Commi ioners CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 . sA CHARTER TOWNSHIP OF COMMERCE fzrCF "I F!)FILING AGREEMENT TO UTILIZE THE SERVICES OF THkg rim _2 R9 :41 OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT 1.0112LUZF—T.LEASSIVICES_OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Commerce, a Michigan Constitutional and Municipal Corporation whose address is 2840 Fisher Avenue, Commerce Township, Michigan 48390 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)1 This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)1 Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). .d.2 • • 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and snail not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 •••• . 0 . shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 d2 LA supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 IN WITNESS WHEREOF, Sandra S. Abrams (Name) , Clerk (Office title) of Charter Township of Commerce (Municipality Name) the , hereby acknowledges that sheen has been authorized by a COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation WITNESS: Lynffp. -Allen Oakl#nd County Clerk By: John P. Chairperso Commissi och, ; Oakland County Board of ers By: resolution of the Township Board , a certified copy of which is attached, (Municipality legislative body) to execute this Contract on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Contract on this 25th day of February 1998 WITNESS: By: 1-Ogf-cii-n•,---)11 t UJ Akune Sharon McClelland Deputy Clerk, Charter Twp. of Municipality and Title Commerce Charter Township of Commerce, a Michigan Constitutional and Municipal Corporation By: ,d-et-x--e6t_iL Name Sandra S. Abrams Clerk, Charter Twp. of Commerce Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 Countyliand hereby accepts and binds the County to the terms and conditions of this Contract on this 1 T--a- day of . CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 .d2 1 I,C-) ..... ......,,, ,., 7- ........ ..5 -3 CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE - -5 2: OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Highland, a Michigan Constitutional and Municipal Corporation whose address is 205 N. John Street, Highland, Michigan 48357-0249 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland Ccunty Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). .d2 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .d2 • LECEIVET FOR 1-1t_i CHARTER TOWNSHIP OF MILFORMKI,:-.Nn T Y AGREEMENT TO UTILIZE THE SERVICES OF THE 23 A10 :06 OAKLAND COUNTY BOARD OF CANVASSERS PEPUTY COUN1Y Ct_LHe; This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Milford, a Michigan Constitutional and Municipal Corporation whose address is 1100 Atlantic, Milford, Michigan 48381 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). •-• 4 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 .d2 0 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 4 t. supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 WITNESS: 4 • .1 f IN WITNESS WHEREOF, COLLEEN SCHWARTZ CLERK of (Name) (Office title) TOWNSHIP BOARD resolution of the , a certified copy of which is attached, (Municipality legislative body) to execute this Contract on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Contract on this 18th day of December WITNESS: Charter Township of Milford, a Michigan Constitutional and Municipal Corporation By: Ivw...0 4.71,1A. By: N1t,e James F.Caswell Name Colleen' Schwartz Si4€rvisor, Charter Township of Milford Clerk, Charter Township ofUllilford unicipality and Title Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 Countyjnd hereby accepts and binds the County to the terms and conditions of this Contract on this 1 day of ---21,4-(Ly , COUNTY OF OAKLAND, a Michigan Constitutional qnd Municipal Corporation By: By: Lynn . len John P.f McCulloch, Oakland County Clerk Chairp r on, Oakland County Board of Cornmi ioners CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 CHARTER TOWNSHIP OF MILFORD the , hereby acknowledges that she/he has been authorized by a (Municipality Name) ..d2 • • 4 r .1 r rn CHARTER TOWNSHIP OF SPRINGFIELD "c's•,' — AGREEMENT TO UTILIZE THE SERVICES OF rrIE OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Springfield, a Michigan Constitutional and Municipal Corporation whose address is 650 Broadway, Davisburg, Michigan 48350-1038 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)1 The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter. "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). .d2 • • : 4 r tio 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF SPRINGFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 MISCELLANEOUS RESOLUTION #98088 April 23, 1998 BY: GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY, CHAIRPERSON IN RE: COUNTY CLERK/REGISTER OF DEEDS - ELECTION DIVISION - AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF BRANDON, COMMERCE, HIGHLAND, MILFORD AND SPRINGFIELD AND THE CITY OF NOW To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers' Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Township of Brandon, Charter Township of Commerce, Charter Township of Highland, Charter Township of Milford, Charter Township of Springfield and the City of Novi have all agreed to and signed agreements to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached signed agreements from the Charter Township of Brandon, Charter Township of Commerce, Charter Township of Highland, Charter Township of Milford, Charter Township of Springfield and the City of Novi to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of these agreements by the Oakland County Board of Commissioners, copies of each shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT: Motion carried unanimously on a roll call vote. .d2 • • CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THF ("MK! AtILLCiallaymealaUmQg CANVASSERS (hereafter this "Contract") is made and entered into between the City of Novi, a Michigan Constitutional and Municipal Corporation whose address is 45175W. Ten Mile Rd., Novi, Michigan 48375-3024 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 .d2 • 1 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CITY OF NO VI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .e12 supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 Tonni L: 'Bartholomew Kathleen L. McLallen (Name) City Clerk Mayor (Office title) IN WITNESS WHEREOF, of WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: John P. Alulloch, Chairpers , Oakland County Board of Commissi ers By: . Allen Oaklpfnd County Clerk the City of Novi , hereby acknowledges that she/4 has been authorized by a (Municipality Name) resolution of the City of Novi Council (Municipality legislative body) 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 on this 22 day of January , 1998 . WITNESS: Municipality and Title By:_,71i/?lort (Wirre4.0 Name f , n yrA744 C 4 (Mi.,/ s - Municipality and Title City of Novi, a Michigan Constitutional and Municipal Corporation By: Na KATHLEEN McLALLE14-1Weitr Title, Name of Legislative Body or Office ByNk7C-7-4-, fo'NNawnil.. BARTHOLOMEW-CITY CLERK Title, Name of Legislative Body or Office 9et IN WITNESS WHEREOF, John P. McCulloch, 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 County, and hereby aQcepts and binds the County to the terms and conditions of this Contract on this '1'4' day of 721.4.7 , /Yid' . CITY OF NOVI AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY ROARII OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Brandon, a Michigan Constitutional and Municipal Corporation whose address is 395 Mill Street, Ortonville, Michigan 48462 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 •d2 supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 arter Township of (Municipality Name) 1-6dan, reuy acknowledges that she/he has been authorized by a tq WITNESS: By: ?ID/ Allen Oaklarid County Clerk IN WITNESS WHEREOF, Sally Jo Swayne , Clerk of (Name) (Office title) resolution of the Brandon Township Board (Municipality legislative body) , 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 on this 15thday of Derember . 1997 . WITNESS: Charter Township of Brandon, a Michigan Constitutional and Municipal Corporation ') ; ' 'i Y By: I a4y 6, 2,6i6J__ ,e,e-/d_iLZ.,(.; By: LN-ome(T l j,') A92te-ie-X----c- / a,--0--26.ii=1) 4 .,/..e.; Municipality and Title / /.-. , .11 --A.A.Lar5rAL_ C67C --e,---- ,...,.. AU -,n_., Aran 0 Title, Name of Legislative Body fr Office IN WITNESS WHEREOF, John P. McCulloch, 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 County hereby accepts and binds the County to the terms and conditions of this Contract on this TW' day of -741-4.21 , 19ff . COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: John P. j7cCulloch, Chairpe on, Oakland County Board of Commi ioners CHARTER TOWNSHIP OF BRANDON AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 .d2 . CHARTER TOWNSHIP OF COMMERCE P r CF"IF1) ri-7- FILING IV 41 AGREEMENT TO UTILIZE THE SERVICES OF THkg -2 A 9 : OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT ZGULTIUZF—T.HE_SEEVICE&OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Commerce, a Michigan Constitutional and Municipal Corporation whose address is 2840 Fisher Avenue, Commerce Township, Michigan 48390 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). sd • 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shah i not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .d2 . LA supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 eV IN WITNESS WHEREOF, Sandra S. Abrams (Name) , Clerk (Office title) of WITNESS: By: 7-gr-4.)44.-r--)'m t LU By: LyruTp. -Allen Oakl#nd County Clerk WITNESS: 0 . Charter Township the of Commerce (Municipality Name) , hereby acknowledges that she has been authorized by a resolution of the Township Board (Municipality legislative body) , a certified copy of which is attached, to execute this Contract on behalf of the Municipality, Municipality to the terms and conditions of this Contract on 1998 and hereby accepts and binds the this 25 th day of February Charter Township of Commerce, a Michigan Constitutional and Municipal Corporation jtt__t_i4__40_ • By: /1. Mune Sharon McClelland Akune Sandra S. Abrams Deputy Clerk, Charter Twp. of Clerk, Charter Twp. of Commerce Municipality and Title Commerce Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 Countyli nd hereby accepts and binds the County to the terms and conditions of this Contract on this day of . COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: John P. M ulloch, clit Chairperso , Oakland County Board of Commissi ers CHARTER TOWNSHIP OF COMMERCE AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 , CHARTER TOWNSHIP OF HIGHLAND .d2 Ti, Ti ri 7.* '1 C.:. < AGREEMENT TO TO UTILIZE THE SERVICES OF THE 7, •• OAKLAND COUNTY BOARD OF CANVASSERS 4101111111111000Nfiga+MSONMENNONANNOS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Highland, a Michigan Constitutional and Municipal Corporation whose address is 205 N. John Street, Highland, Michigan 48357-0249 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). F 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 .d2 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .d2 .d2 ha By: John P. Chairper Commis Culloch, n, Oakland County Board of oners By: Lynn D. 'Allen Oakland County Clerk IN WITNESS WHEREOF, William E. Brian , Clerk (Name) (Office title) the Township of Highland hereby acknowledges that the/he has been authorized by a (Municipality Name) resolution of the Board of Trustees , a certified copy of which is attached, (Municipality legislative body) to execute this Contract on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Contract on this 25 t h day of February 1998 WITNESS: Charter Township of Highland, a Michigan. Constitutional and Municipal Corporation By: ,aziA-- W4-4-A--"a-r By: -elYije,e_ev,1' Name Dawn Hurst Name William E. Brian Deputy Clerk-Highland Township Clerk - Highland Tnwnahip Municipality and Title Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 County, and hereby accepts and binds the County to the terms and conditions of this Contract on this 1 tik" day of , / /ffi . _ WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation CHARTER TOWNSHIP OF HIGHLAND AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 of LECEIVEP FOR Pi iSi] CHARTER TOWNSHIP OF MILFORW! , , AGREEMENT TO UTILIZE THE SERVICES OF THE 23 A10 :06 OAKLAND COUNTY BOARD OF CANVASSERS 3Y t'EF'UTY COLNI Y Clitr; NtItItIMtIgtlit; This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Milford, a Michigan Constitutional and Municipal Corporation whose address is 1100 Atlantic, Milford, Michigan 48381 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). 4 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 . v 0 shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the Municipality. The approval and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 , 4 a' supplemented, or amended except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract. 11. This Contract, consisting of a total of five (5) pages, constitutes the complete and entire Contract between the Municipality and the County regarding this subject matter and fully supersedes any and all prior agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this Contract. It is further agreed that the terms and conditions herein are contractual and are not mere recitals and that there are no other agreements, understandings, contracts, or representations between the Municipality and the County in any way related to the subject matter hereof, except as expressly stated herein. 12. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Contract, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 of CLERK By: Lynn 1. len Oakland eounty Clerk 4 • A i• IN WITNESS WHEREOF, CHARTER TOWNSHIP OF the MILFORD (Municipality Name) COLLEEN SCHWARTZ (Office title) , hereby acknowledges that she/he has been authorized by a (Name) resolution of the TOWNSHIP BOARD (Municipality legislative body) , 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 on this 18th day of December 199-T WITNESS: By: A. _ . . N e James F.Caswell S p-rvisor, Charter Township unicipality and Title Charter Township of Milford, a Michigan Constitutional and Municipal Corporation By: ) 4 4.4_1_ L. L. Name Colleen Schwartz of Milford Clerk, Charter Township ofailford Title, Name of Legislative Body or Office IN WITNESS WHEREOF, John P. McCulloch, 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 Countyjnd hereby accepts and binds the County to the terms and conditions of this Contract on this 1' day of --21,4--(zy , 7‘/7f . WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional pd Municipal Corporation By: John P. ii McCulloch, Chairp r on, Oakland County Board of Cornmi ioners CHARTER TOWNSHIP OF MILFORD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 4 r .n :d2 • r - CHARTER TOWNSHIP OF SPRINGFIELD AGREEMENT TO UTILIZE THE SERVICES OF TM OAKLAND COUNTY BOARD OF CANVASSERS - 1/46 c-) co , rrp — -p -‹ -17 3=• CO This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this "Contract") is made and entered into between the Charter Township of Springfield, a Michigan Constitutional and Municipal Corporation whose address is 650 Broadway, Davisburg, Michigan 48350-1038 (hereafter the "Municipality"), and the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the "County"). In this Contract, the County or the Municipality may also be referred to as a "Party" and jointly as the "Parties". INTRODUCTORY STATEMENTS Current Michigan election law provides that: "A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary." [MCL § 168.30a(1), MSA § 6.1030(1)] This statute further provides that: "The city council or the township board of any city or township having more than 5 precincts may contract with the board of supervisors of the county in which all or the greater portion of the city or township's population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers." [MCL § 168.30a(2), MSA § 6.1030(2)] Finally, this statute provides that: "Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work." [MCL § 168.30a(2), MSA § 6.1030(2)] The Municipality has requested the County's assistance in meeting the Municipality's obligation to provide all the functions of the board of city or township canvassers (hereafter, "Municipality Canvassers") through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Contract. NOW THEREFORE, in consideration of these premises and the promises, agreements, representations, and acknowledgments contained in this Contract, the Parties mutually agree as follows: 1. Upon the effective date of this Contract, and continuing thereafter until this Contract is canceled, as expressly provided herein by either Party, the Oakland County Board of Canvassers shall perform all the statutory functions (i.e., "all the functions of the board of city or township canvassers") which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL § 168.30a(2). .d2 • 4 r 2. The Parties agree that in performing any and all such services for the Municipality that the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers but for this Contract. 3. In consideration of any and all such services pursuant to this Contract by the County, through and by the Oakland County Board of Canvassers, the Municipality hereby agrees to pay to the County the following amounts: 3.1 For any and all such County services associated with any general, primary, or county-wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 3.2 For any and all such County services associated with any Municipality or local ballot issue or election, which is not part of any general or primary election and/or which involves no county-wide, state or federal election or ballot question, the Municipality agrees and shall pay to the County an amount equal to the full amount of any and all actual County "Expenses" incurred and/or paid by the County in providing any and all such Oakland County Board of Canvassers services under this Contract. "Expenses" as defined and used in this paragraph shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Contract as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 4. 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 Oakland County Board of Canvassers services provided to the Municipality pursuant to this Contract. 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. 5. The Parties agree that the Municipality's obligation to pay the County any and all amounts due and owing under this Contract shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party's default of any term or condition of this Contract nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 6. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Contract still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund ("DTRF"), the County CHARTER TOWNSHIP OF SPRINGFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 • shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund ("DTRF"), any amount then still due and owing the County from the Municipality pursuant to this Contract. 7. Either Party, upon a minimum of a ninety (90) calendar days "Written Notice," may cancel this Contract for any reason and without incurring any additional or further penalty or liability to the other Party after the effective date of any such cancellation. "Written Notice," as defined herein, shall consist of the delivery by the Party desiring to cancel this Contract of a certified copy of the resolution of that Party's "Legislative Body" to the Clerk of the other Party's "Legislative Body" which resolution indicates the clear desire of that Party to cancel this Contract and which also clearly states the effective date (a minimum of ninety (90) calendar days after the date of the resolution) that the Party intends that this Contract be canceled. "Legislative Body" as defined and used in this Contract when referring to the County shall mean the Oakland County Board of Commissioners, when referring to a Municipality that is a city, it shall mean the City Council, and when referring to a Municipality that is a Township it shall mean a Township Board. Cancellation of this Contract by either Party shall not effect or modify any contractual right or obligation of either Party that accrued or occurred prior to the effective date of any such cancellation as stated in the Legislative Body resolution. 8. 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, or authority of either the Municipality or the County to any other person or Party. Except as expressly provided otherwise herein, 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. 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 by either Party for that Party and/or any of that Party's agents as provided by statute or applicable court decisions. 9. This Contract shall not become effective or binding upon either Party prior to the approval of this Contract by concurrent resolutions of the County Board of Commissioners and the Legislative Body of the rylunicipaiity. The approvai and terms of this Contract shall be entered in the official minutes and proceedings of each Party's Legislative Body and shall also be filed with the office of the Clerk for the County and the Municipality. In addition, this Contract, together with copies of the certified resolutions of each Party's Legislative Body authorizing this Contract and/or any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the County Clerk. Notwithstanding the above, this Contract, and any subsequent amendments thereto, shall only become effective and binding upon the Parties after this Contract and certified copies of the resolutions of each Party's Legislative Body approving this Contract, or any amendment thereto, have been filed with the Secretary of State. 10. Except as expressly provided herein, this Contract may be amended only by concurrent resolutions of each Party's Legislative Body. This Contract shall not be changed, CHARTER TOWNSHIP OF SPRINGFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 .d2 • eir i• Resolution #98088 April 23, 1998 The Chairperson referred the resolution to the Finance Committee. There were no objections. 4-11 , 44 t FISCAL NOTE (M.R. #98088) May 7, 1998 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY CLERK/REGISTER OF DEEDS - ELECTIONS DIVISION - AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF BRANDON, COMMERCE, HIGHLAND, MILFORD AND SPRINGFIELD AND THE CITY OF NOVI TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Townships of Brandon, Commerce, Highland, Milford, Springfield and the City of Novi have signed agreements in order to utilize the services of the Oakland County Board of Canvassers. 2. MR #97232 authorized the establishment of a $25.00 service fee per precinct to help defray costs of election certification. 3. Funds are currently budgeted in the Elections Division and no budget amendment is needed. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. 2 7 owararaimarmworMINESINNIIININIIMIMMININIMINM91 1 HRIEBY,--; ib lOr:" FOREGOING RESOLUTIC -15 /5V L. Brooks PatterfOrk County Executive Data Resolution #98088 May 7, 1998 Moved by Dingeldey supported by Schmid the resolution be adopted. AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Huntoon. (23) 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 May 7, 1998 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 7th day of May 199;14._ (20:kC Lynn D. Allen, County Clerk