HomeMy WebLinkAboutResolutions - 2007.10.18 - 9325MISCELLANEOUS RESOLUTION #07230 October 4, 2007
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS — ELECTIONS 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 or 1954, as amended; and
WHEREAS the City of Birmingham is requesting to utilize the services of the
Oakland County Board of Canvassers for the November 6, 2007 election; 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.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the attached agreement with 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 City of Birmingham.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
CLLc(0,4,
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Gingell and Hatchett absent.
11#,Qty of Birmingham
p.
A Walkable Community
151 Martin, PO Box 3001
Birmingham, MI 48009
248-644-1800
ci.birmingham.mi.us
September 4, 2007
Oakland County Elections
Joe Rozell
1200 N. Telegraph
Pontiac, Michigan 48341
Dear Mr. Rozell:
I would like to request that the Oakland County Canvassing Board conduct the canvass
for the local Birmingham candidates for the November 6, 2007 election.
At this time, this request is being made for this election only. Any future local elections
will be canvassed by the City of Birmingham Canvassing Board unless otherwise
requested.
Thank you for your consideration.
Sincerely,
h.) f
City Clerk
111114,_Q of Birmingham
A Walkable Community
BIRMINGHAM CITY COMMISSION
SEPTEMBER 101 2007
Present: Mayor McDaniel
Mayor Pro Tern Carney
Commissioner McDaniel
Commissioner McKeon
Commissioner Moore
Commissioner Plotnik
Commissioner Sherman
Absent: None
MOTION: Motion by Carney, seconded by Sherman:
To enter into an agreement with Oakland County Board of Canvassers for the canvass of
the dty ballot for the election to be held November 6, 2007 in the amount of $250.00
from account 101-1003-703.20-03.
VOTE: Yeas, 7
Nays, None
Absent, None
I, Nancy M. Weiss, 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 September 10, 2007.
Nancy M. eliss
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 ThF OAKI ANn CUE JNITY RnARn_Dif
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, P.O. Box 3001, Birmingham, Michigan 48012-3001 (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 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 marks, or possessive
or nonpossessive, shall be defined, read, and interpreted as follows.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 1
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. Count means Oakland Count a • 0. -es es • •81. egos •io
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. Expenses 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 Agreement as provided under the applicable state statutes and/or
as otherwise allowed or authorized by the Oakland County Board of
Commissioners.
1.5. 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 Council.
1.6. 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 required 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
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 2
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 of State by the Oakland
County Clerk. Any subsequent amendments shall only become effective and
bindint u.on h • - -1- ' - •' ' ,)•-• —has—passed—a
resolution approving the amendment.
4.2. This Agreement shall only be in effect for the November 6, 2007 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 TWENTY-FIVE
($25,00) DOLLARS for each and every election precinct within the Municipality.
5.2. 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 actual County "Expenses" incurred and/or paid by
the County in providing any and all such Oakland County Board of Canvassers
services under this Agreement.
5.3. 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 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.
5.4. 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.
5.5. 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
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 3
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
Agreement 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-r-Pduce, get-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
Agreement.
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.
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 ninety (90) 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.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 4
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
141unicipaiity or me uounty to any otner 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 Clerk, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and
Chairperson of the Oakland County Board of Commissioners, 1200 North
Telegraph, Pontiac, Michigan 48341.
11.2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk, City of
Birmingham, 151 Martin Street, P.O. Box 3001, 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 complete and entire
agreement between the Municipality and the County regarding this subject matter and
supersedes any and all prior agreements, representations or understandings related to
the subject matter of this Agreement.
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 5
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, Ibien f)icaar)fil
(Name) ffice Title)
of the City of Birmingham, hereby acknowledges that she/he has been authorized by a
(Municipality Name)
resolution of the City of Birmingham Council, a certified copy of which is attached,
(Municipality Legislative Body)
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 day of , 2007.
WITNESS: City of Birmingham, a
Michigan Conitutional and Municipal Corporation
By:
Name
&1 74-1 66(4-A—.
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 , 2007.
• WITNESS: County of Oakland, a Michigan
Constitutional and Municipal Corporation
By: By:
Ruth Johnson Bill Bullard, Chairperson
Oakland County Clerk Oakland County Board of Commissioners
(2007-0662)
CITY OF BIRMINGHAM
AGREEMENT TO UTILIZE THE SERVICES OF THE
OAKLAND COUNTY BOARD OF CANVASSERS
Page 6
Resolution #07230 October 4, 2007
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #07230) October 18, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS - ELECTIONS 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 Clerk Register of Deeds - Elections Division is authorized to
establish 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.
2. The City of Birmingham is requesting to utilize the services of
the Oakland County Board of Canvassers for the November 6, 2007
election.
3. The approval and exercise of this agreement will generate an
estimated $250 of general fund revenue in the Board of Canvasser
Services Fee line item for FY 2008, with corresponding operating
expense increases of the same amount in the Fees Per Diems line
item.
4. A budget amendment is recommended for the FY 2008 Adopted Budget
to authorize the exercise of this agreement and increase revenues
and expenses as follows:
General Fund 10100 FY 2008
Revenue
2010301-185010-630147 Bd. Of Canvasser Svc. Fee $ 250
Total Revenues $ 250
Expenditure
2010301-185010-730709 Fees-Per Diems $ 250
Total Expenditures $ 250
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack, Crawford and Woodward absent.
Resolution #07230 October 18, 2007
Moved by Long supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted.
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel,
Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
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 October 18, 2007,
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 18th day of October, 2007.
Johns, County Clerk -