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HomeMy WebLinkAboutMinutes - 2007.12.13 - 36234 December 13, 2007 The meeting was called to order by Chairperson Douglas at 9:35 a.m. in Committee Room A, Auditorium Wing, County Service Center, Pontiac, Michigan. PLANNING AND BUILDING COMMITTEE MEMBERS PRESENT: Sue Ann Douglas, David Potts, Jim Nash, Bradford Jacobsen, Michael Gingell, Robert Gosselin, Marcia Gershenson, Dave Woodward, Tim Burns PLANNING AND BUILDING COMMITTEE MEMBERS ABSENT WITH NOTICE: None OTHERS PRESENT: BOARD OF COMMISSIONERS Larry Doyle, Administrative Director Sheryl Mitchell, Senior Analyst Pamela Worthington, Committee Coordinator APPROVAL OF THE PREVIOUS MINUTES Gingell moved approval of the minutes of November 29, 2007, as printed. Supported by Jacobsen. Motion carried on a voice vote. AGENDA ITEMS 1. CONTRACTOR AND LEGAL EMPLOYEE STUDY GROUP – REPORT ON USE OF ILLEGAL IMMIGRANT AND UNDOCUMENTED WORKERS BY COUNTY’S CONTRACTORS, SUBCONTRACTORS OR AGENTS The Contractor and Legal Employee Study Group met several times, and they subm itted a report of their findings to the Planning & Building Committee. Their charge was to consider a County policy for screening employees of contractors, subcontractors or agents doing work on behalf of the County, to make sure they are not using illega l immigrants or undocumented workers. After much discussion, the Purchasing Division developed the following language, which will be incorporated into future Requests for Proposals: All County Contractors are required to comply with all Federal, State, and local laws. The County reserves the right to cancel the contract for services if the contractor has not done so. Failure to comply with all Federal, State, and local laws either currently or historically is a OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48341-0470 Telephone: (248) 858-0100 FAX: (248) 858-1572 PLANNING AND BUILDING COMMITTEE Bradford Jacobsen Michael Gingell Robert Gosselin Marcia Gershenson Dave Woodward Tim Burns SUE ANN DOUGLAS Chairperson DAVID POTTS Vice Chairperson JIM NASH Minority Vice Chairperson Planning & Building Committee Page 2 December 13, 2007 consideration in the bid evaluation proce ss as well. Such compliance shall include, but not be limited to, non-discrimination against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap in violation of State and Federal law; prohibition of use of any copyrighted software contrary to the provisions of any applicable Software license agreement or State or Federal law; compliance with all applicable grant requirements if any part of a contract is supported or paid for with any State or Federal funds granted to the County; compliance with the Immigration Reform and Control Act (IRCA) and I - 9 employment verification requirements. Any and all future Federal, State, and local laws must also be complied with while the contractor is providing services/products to the County. Vendors that have been found guilty or held civilly liable for violation of any Federal, State or local law, or have been barred and/or declared ineligible from consideration in receiving any federal, state or municipal contract, must provide information as part of their proposal of all such violations/barrings/ineligibilities. In addition, Corporation Counsel developed the following language, which will be incorporated into future Professional Services Contracts: Contractor certifies that all statements, assurances, records and materials submitted to County in connection with securing this Contract have been truthful, complete and accurate in all respects. Contractor agrees and understands that any material false statement, representation or omission made in connection with its seeking or obtaining this Contract may be grounds for canceling or terminating this Contract and/or debarring the Contractor from future County contracts. The County’s right to cancel this Contract as provided herein shall be in addition to any other rights the County has to terminate or cancel this Contract. Jacobsen moved to report to the full Board with the recommendation that the report from the Contractor and Legal Employee Study Group be accept ed. Supported by Gingell. Burns moved to report to the full Board with the recommendation that the report from the Contractor and Legal Employee Study Group be amended by adding the following paragraph: The Board of Commissioners takes the problem of employing illegal immigrants in violation of law extremely serious and seeks to ensure that businesses with which the County contracts do not employ illegal immigrants. Accordingly, the County will utilize all appropriate local means to rectify illegal employment practice on the part of County contractors and vendors and will make every reasonable effort not to contract with businesses that hire illegal immigrants. Supported by Gershenson. ROLL CALL VOTE: AYES: Nash, Gershenson, Woodward, Burns (4) NAYS: Potts, Jacobsen, Gingell, Gosselin, Douglas (5) Motion failed. Planning & Building Committee Page 3 December 13, 2007 Gershenson moved to report to the full Board with the recommendation that the report from the Contractor and Legal Employee Study Group be amended by adding the following paragraph: As an incentive for businesses to participate in any joint ICE/Oakland County training seminars on the screening of illegal immigrants, it is recommended that the County provide a preference to businesses that participate in such training over those th at have not in the bidding processes when other factors are equivalent. Supported by Burns. ROLL CALL VOTE: AYES: Nash, Gershenson, Woodward, Burns (4) NAYS: Potts, Jacobsen, Gingell, Gosselin, Douglas (5) Motion failed. Main motion carried unanimously on a roll call vote. OTHER BUSINESS/ADJOURNMENT Commissioner Gershenson indicated her objection to having committee meetings in the morning just prior to Board meetings. There being no further business to come before the Commi ttee, the meeting adjourned at 9:47 a.m. ___________________________________ __________________________________ Pamela L. Worthington Lawrence Doyle Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval .