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HomeMy WebLinkAboutResolutions - 2005.02.17 - 27831MISCELLANEOUS RESOLUTION #05006 January 27, 2005 BY: General Government Committee, William R. Patterson. 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 TOWNSHIP OF WEST BLOOMFIELD 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 West Bloomfield has agreed to and signed an agreement 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 agreement from the Charter Township of West Bloomfield to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy 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 Committee Vote: Motion carried unanimously on a roll call vote. whL24„, 4 ;.." F !" r3ç Iorn , • Deborah L Mitc.01)%c 74.7i74 n-- Trustee Ilobeft Spector, Tritt". Stwert Brickner a ark David Flaisher Supervisor Sharon A. Law Township Clerk Denise D. Hammond Treasurer ' 4n••••••• C.; LI. 1 C"..7 r-7-1 :).-1 ..... - - ......- f._) ...........,.. December 2, 2004 Ellen Davis Halsey Director of Elections Oakland County Clerk's Office 1200 N. Telegraph Road, Dept. 413 Pontiac, MI 48341-0413 RE: Resolution in Support of Agreement to Utilize the Services of the Oakland ,County Board of Canvassers DearAWHalsey: I am forwarding two (2) original copies of the above referenced resolution and agreement, which indicates that West Bloomfield supports said Resolution adopting the Agreement to Utilize the Services of the Oakland County Board of Canvassers which was approved both at a regular meeting held on 11-15-04 and a special meeting of the West Bloomfield Township Board on 12-02-04. Please obtain the necessary signatures from the Chairperson (Board of Commissioners) and the County Clerk and return a fully executed copy to my attention. We look forward to using your Board of Canvassers. Thanks for all your help. Sincerely, Sharon A. Law, Township Clerk Enclosures /gk 4550 Wahmt Lake Road • West Bloomfield, MI 48325-0130 orTed (248) 4514848 Fax (248) 682-3788 TDD (248) 451-4899 By: By: STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF WEST BLOOMFIELD RESOLUTION IN SUPPORT OF AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS WHEREAS, the Charter Township of West Bloomfield has requested the County's assistance in meeting its obligation to provide all the functions of the board of township canvassers through the Oakland County Board of Canvassers, and the County is agreeable tp provide such services in accord with the terms of said Agreement to Utilize the Services of the Oakland County Board of Canvassers; and WHEREAS, said Contract consisting of a total of five (5) pages constitutes the complete and entire Contract between the Charter Township of West Bloomfield and the County regarding this subject matter in full 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; and IN WITNESS WHEREOF, Sharon A. Law, Township Clerk of the Charter Township of West Bloomfield, hereby acknowledges that she has been authorized by this Resolution of the Charter Township of West Bloomfield Board of Trustees, to execute said Contract on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Contract voted upon at its special meeting on the 2"`I day of December, 2004 as follows: Ayes: Flaisher, Brickner, Hammond, Horn, Law, Macon Nays: Spector Absent: None Motion carried WITNESS: Charter Township of West Bloomfield, a Michigan Constitutional and Municipal Corporation Sharon A. Law Executive Assistant to Clerk Township Clerk IN WITNESS WHEREOF, , Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by this Resolution of the Oakland County Board of Commissioners, to execute this Contract on behalf of the County, and hereby accepts and binds the County to the terms and conditions of the Contract on the day of , 2004. WITNESS: County of Oakland, A Michigan Constitutional and Municipal Corporation By: By: Ruth Johnson Chairperson, Oakland County Board of Commissioners Oakland County Clerk CHARTER TOWNSHIP OF WEST BLOOMFIELD 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 West Bloomfield, a Michigan Constitutional and Municipal Corportion whose address is 4550 Walnut Lake Road, West Bloomfield, Michigan 48325-0130 (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)] 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)] 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)] 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). CHARTER TOWNSHIP OF WEST BLOOMFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 1 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 full amount of any and all actuai County "Expenses° iricucred arid/or paid by tha 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 or 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 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"), CHARTER TOWNSHIP OF WEST BLOOMFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 2 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 r-Solutrui-r. - - 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 right and obligations related to the provision of any and all of each Party's respective government 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, 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. CHARTER TOWNSHIP OF WEST BLOOMFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 3 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 WEST BLOOMFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 4 Title Title By: Sharon Law Executive Assistant to Clak By: , Name GrTI-4 L. IN WITNESS WHEREOF, Sharon A. Law Township Clerk tNeftteJ (Ulttra I.U,J of the Charter Township of West Bloomfield, hereby acknowledges that she/he has been authorized (municipality Name) by a resolution of the Charter Township of West Bloomfield Board of Trustees, a certified copy of (Municipality Legislative ENNIO 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 this2nd day of Dece 1nbc)2004. WITNESS: Charter Township of West Bloomfield, a Michigan Constitutional and Municipal Corporation IN WITNESS WHEREOF, ., 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 the Contract on this day of , 2004. WITNESS: County of Oakland, a Michigan Constitutional and Municipal Corporation By: By: G. William Caddell, . Chairperson Oakland County Clerk Oakland County Board of Commissioners (2004-0667) CHARTER TOWNSHIP OF WEST BLOOMFIELD AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS Page 5 Resolution #05006 January 27, 2005 Moved by Patterson supported by Gershenson the resolution be referred to the Finance Committee. The Chairperson stated there being no objections, so ordered. FISCAL NOTE (MISC. /05006) February 17, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, 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 TOWNSHIP OF WEST BLOOMFIELD TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution establishes an agreement between the Charter Township of West Bloomfield and Oakland County to utilize the services of the Oakland County Board of Canvassers. 2. The Charter Township of West Bloomfield will pay a Board of Canvasser's Service Fee of $25 per precinct, currently 31 precincts, to help defray the cost of election certification. 3. A budget amendment to the FY 2005/2006 budget is recommended as follows: GENERAL FUND Revenue FY 2005 FY 2006 21-101-130100-31000-0316 Canvasser Service Fee $ 0 $ 775 0 $ 775 Expenditures 21-101-230100-31000-2820 Fees/Per Diems 0 $ 775 0 $ 775 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Palmer absent. Resolution #05006 February 17, 2005 Moved by Rogers supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted and appointments being confirmed). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson, Woodward, Bullard. (20) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted and appointments being confirmed). ,10n• I REMY APPROVE THE FOREGOING RESOW11011 z6r7 — — STATE OF MICHIGAN) 21/ 4,7 COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 17, 2005 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 17th day of February, 2005. Ruth Johnson, County Clerk