Title
Resolution 2020-228 To Amend Great Lakes Water Authority Settlement Policy
Body
Agenda of June 24, 2020
Item No. 2020-228
GREAT LAKES WATER AUTHORITY
RESOLUTION 2020-228
TO AMEND GREAT LAKES WATER AUTHORITY
SETTLEMENT POLICY
By: Member Gary Brown
WHEREAS, the Regional Water System Lease, the Regional Sewage Disposal System Lease and the Water and Sewer Services Agreement ("the Lease Documents") require the Great Lakes Water Authority (GLWA) and the City of Detroit to designate representatives to resolve disputes; and
WHEREAS, the Lease Documents require the parties to settle a matter by arbitration if the representatives are unable to resolve a dispute; and
WHEREAS, the GLWA and City of Detroit are currently arbitrating disputes and have engaged in extended negotiations; and
WHEREAS, on February 28, 2018, the GLWA Board authorized and adopted a Settlement Policy requiring a proposed settlement amount greater than $125,000.00 be referred by the GLWA CEO or General Counsel to the Board's Legal Committee for consideration; and
WHEREAS, the Settlement Policy requires the Legal Committee to return one of the following recommendations to the Board within 30 days of the Proposed Settlement Amount referral: (i) recommended for approval, (ii) not recommended for approval, or (iii) referred without recommendation; and
WHEREAS, the Settlement Policy allows GLWA's CEO to refer a time-sensitive Proposed Settlement Amount directly to the Board at a regularly scheduled or Special Meeting for approval; and
WHEREAS, on February 18, 2020, the GLWA's CEO and General Counsel conveyed a Proposed Settlement to City of Detroit to resolve the pending arbitrations without first presenting the Proposed Settlement to the Legal Committee and/or Board and on June 18, 2020, the City of Detroit conveyed a Counter-Proposal Settlement to GLWA, which has not been presented to the Board;
NOW, THEREFORE, BE IT RESOLVED THAT the GLWA ...
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