HomeMy WebLinkAboutResolutions - 2006.11.01 - 28265MISCELLANEOUS RESOLUTION 106207 October 19, 2006
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 CITY OF BIRMINGHAM
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 Oakland County Corporation Counsel has drafted an agreement for
the City of Birmingham to utilize the services of the Oakland County Board of
Canvassers; and
WHEREAS the City of Birmingham has agreed 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 agreement from the City of
Birmingham 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.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby directs its Chairperson or his designee to execute the attached
agreement between the County and the City of Birmingham.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
If\A(•pt_
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Patterson absent.
ay of Birmingham
Wakabje Community
BIRMINGHAM CITY COMMISSION
RESOLUTION 10-332-06
At a regular meeting of the Birmingham City Commission held at 151 Martin Street,
Birmingham, Michigan on Monday, October 9, 2006 the commission approved the
following resolution:
Present: Mayor Moore, Commissioners Carney, Hoff McDaniel, McKeon, Plotnik,
Sherman
Absent: None
MOTION: Motion by Carney, seconded by McDaniel:
To enter into an agreement with Oakland County Board of Canvassers for the canvass of
the city ballot question at the election to be held November 7, 2006 in the amount of
$350.00 from account #101-1003-703.20-03.
VOTE: Yeas, 7
Nays, None
Absent, None
I, Nancy M. Weiss, City Clerk of the City of Birmingham, do hereby certify that the above
is a true and correct copy of a resolution adopted by the Birmingham City Commission at
their regular meeting of October, 9, 2006.
Nancy M. Wyss
City Clerk
AGREEMENT BETWEEN THE CITY OF BIRMINGHAM
AND OAKLAND COUNTY
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 "Agreement") is made and entered into
between the City of Birmingham, a Michigan Constitutional and Municipal Corporation
whose address is 151 Martin Street, Birmingham Michigan 48012-3001 (hereafter the
"Municipality"), and the Oakland County, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the "County"). In this Agreement, the County or the Municipality may also be
referred to as a "Party" and jointly as the "Parties".
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501, et. seq., the County and the Municipality enter into this Agreement
to delineate the relationship and responsibilities between the Parties to provide election
canvassing services.
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 Agreement.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 1
marks, or possessive or non possessive, shall be defined, read, and interpreted
as follows.
1.1. Agreement means the terms and conditions of this Agreement and any
other mutually agreed to written and executed modification, amendment,
or addendum.
1.2. County means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, all of its departments, divisions,
the County Board of Commissioners, elected and appointed officials,
directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons'
successors.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59
P.m-
1.4. Legislative Body when referring to Oakland County means the Oakland
County Board of Commissioners. When referring to the City of
Birmingham, it means the Birmingham City Commissioners.
1.5. Municipality means the City of Birmingham, a Municipal and
Constitutional Corporation including, but not limited to, its Council, Board,
any and all of its departments, its divisions, elected and appointed
officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, attorneys,
volunteers, and/or any such persons' successors.
2. COUNTY RESPONSIBILITIES. The Oakland County Board of Canvassers
shall perform all the statutory functions which would otherwise be required to be
performed by the Municipality Canvassers pursuant to MCL 168.30a(2). When
performing services under this Agreement, the County Board of Canvassers shall
have all the powers, duties and functions that would otherwise have been
afforded to the Municipality Canvassers.
3. MUNICIPALITY RESPONSIBILITIES. The Municipality agrees that it shall
provide the necessary information and assistance requested to enable the
Oakland County Board of Canvassers to carry out their legal responsibilities.
4. EFFECTIVE DATE, DURATION AND AMENDMENTS.
4.1. This Agreement and any amendments shall become effective upon the
passage of a resolution by each Party's Legislative Body. An executed
copy of this Agreement shall be filed with the Clerk for the County and the
Clerk for the Municipality. This Agreement and certified copies of the
resolutions, as well as any amendments, shall be filed with the Secretary
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 2
of State by the Oakland County Clerk. Any subsequent amendments shall
only become effective and binding upon the Parties after each Party's
Legislative Body has passed a resolution approving the amendment.
4.2. This Agreement shall only be in effect for the November 7, 2006 election.
The Agreement shall terminate upon the completion of the canvass for
that election.
5. PAYMENT. The Municipality hereby agrees to pay to the County the following
amounts:
5.1. 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 TVVENTY-FIVE ($25.00) DOLLARS for each and every election precinct
within the Municipality.
5.2. The County, through its Department of Management and Budget, 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 Agreement. The Municipality agrees to pay
the full amount shown on any such invoice within thirty (30) calendar days
after the date shown on any such invoice.
5.3. The Parties agree that the Municipality's obligation to pay the County any
and all amounts due and owing under this Agreement 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 Agreement 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. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its
employees, and agents, the costs associated with those acts, and the
defense of those acts.
6.2. This Agreement does not create any direct or indirect obligation or right to
be indemnified (i.e., contractually, legally, equitably or by implication) nor
any right to be subrogated to any rights in this Agreement.
6.3. The Parties have taken all actions and secured all approvals necessary to
authorize and complete this Agreement. The persons signing this
Agreement on behalf of each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained
herein.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 3
6.4. Each Party shall comply with all federal, state, and local ordinances,
regulations, administrative rules, and requirements applicable to its
activities performed under this Agreement.
7. LIMITATION OF LIABLITY. In no event shall the County be liable to the
Municipality or any other person, for any consequential, incidental, direct,
indirect, special, and punitive or other damages arising out of this Agreement.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may
terminate or cancel this Agreement upon thirty (30) days written notice, without
incurring a penalty or additional liability, for any reason, including convenience.
The effective date of termination and/or cancellation shall be clearly stated in the
written notice. The Party desiring to cancel this Agreement shall provide the
Clerk of the other Party's Legislative Body with a resolution passed by the
canceling Party's Legislative Body, which indicates the clear desire of that Party
to cancel this Agreement.
9. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to
waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation, duty, or immunity of the Parties.
10. LIMITATION OF LIABILITY/RESERVATION OF RIGHTS. Except as expressly
provided otherwise herein, this Agreement 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. The Parties
further agree, notwithstanding any other term or condition in this Agreement, that
no provision in this Agreement 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.
11 NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will
be deemed given on the date when one of the following first occur: (1) the date of
actual receipt; (2) the next business day when notice is sent express delivery
service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland
County Department of Economic Development and Community Affairs,
Director, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and
Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph, Pontiac, Michigan 48341.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 4
11.2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk,
City of Birmingham, 151 Martin Street, Birmingham Michigan 48012-3001.
11.3. Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
12. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State
of Michigan. Except as otherwise required by law or court rule, any action
brought to enforce, interpret, or decide any Claim arising under or related to this
Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as dictated
by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the Municipality and the County regarding this subject matter and
supersedes any and all prior agreements, representations or understandings
concerning the subject matter of this Agreement.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 5
WITNE
By:
am
014YOg-.
Title
For and in consideration of the mutual promises, acknowledgments, and
representations set forth in this Agreement, 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.
IN WITNESS WHEREOF,
(Name) (Office Title)
of the City of Birmingham, hereby acknowledges that she/he has been authorized by a
(Municipality Name)
resolution of the City of Birmingham Commissioners, a certified copy of which is
(Municipality Legislative Body)
attached, to execute this Agreement on behalf of the Municipality, and hereby accepts
and binds the Municipality to the terms and conditions of this Agreement on this
94-Clay 046414 2006.
City of Birmingham, a
Michigan Constitutional and Municipal Corporation
to rAics
BY: 4----11‘14-4-c.,111
Name
Title
IN WITNESS WHEREOF, Bill Bullard, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of
the Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behalf of the County, and hereby accepts and binds the
County to the terms and conditions of the Agreement on this day of
, 2006.
WITNESS: County of Oakland, a Michigan
Constitutional and Municipal Corporation
By: By:6:1-0_,-QH g utO-26t4),.
Ruth J. on Bill Bullard, Chairperson
Oakland County Clerk Oakland County Board of Commissioners
(2006-0775)
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 6
APPROVED:
THOMAS M7MARKUS, CITY MANAGER
(APPROVED AS TO SUBSTANCE)
rldlinTIN3fIRCTOR OF FINANCE
(A ROVED AS TO FINANCIAL OBLIGATION)
TIMO CURFUEY, -ATTORNEY
(AP- D AS TO FORM)
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 7
FISCAL NOTE (M.R. #06207) November 2, 2006
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 CITY OF
BIRMINGHAM
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 City of
Birmingham and Oakland County to utilize the services of the
Oakland County Board of Canvassers.
2. The City of Birmingham will pay a Board of Canvasser's Service
Fee of $25 per precinct, currently 14 precincts, to help defray
the cost of election certification.
3. A budget amendment to the FY 2007/2008 budget is recommended as
follows:
GENERAL FUND #10100
Revenue FY 2007 FY 2008
2010301-185010-630147 Canvasser Service Fee $ 350 $ 350
Total General Fund Revenue $ 350 $ 350
Expenditures
2010301-185010-730709 Fees/Per Diems $ 350 $ 350
Total General Fund Expenditures $ 350 $ 350
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton absent.
Resolution #06207 October 19, 2006
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #06207 November 2, 2006
Moved by Moss supported by Coleman the resolutions (with fiscal notes attached) on the amended
Consent Agenda , , be adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall,
Long, Melton, Moss, Nash, Palmer, Potter, Rogers, Suarez, Wilson, Woodward, Zack,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda, , were adopted (with accompanying reports being accepted).
or AIMii MEM 1110:41111
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 2, 2006,
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 2nd day of November, 2006.
Ruth taiggio , County Clerk