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HomeMy WebLinkAboutResolutions - 2009.06.11 - 10484r r REPOR1 (KIK . 09002) March 5, 2009 BY: GENERAL GOVERNMENT COMMITTEE — Christine Long. Chairperson RE: MR #09002 — BOARD OF COMMISISONERS — PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on February 23, 2009 recommends that the resolution be amended to insert the following language as the third and fourth BE IT FURTHER RESOLVED paragraphs. BE IT FURTHER RESOLVED that Public Affairs Associates, Inc. (PAA) shall report to the General Government Committee on a quarterly basis. BE IT FURTHER RESOLVED that a Legislative Study Group will be established consisting of two members of the majority party and two members of the minority party and the Board of Commissioners' Chairperson or designee to provide oversight and direction to PAA. Chairperson, on behalf of the General Government Committee, I move the dLueplcilit..e of the foregoing report. GENERAL GOVERNMENT COMMITTEE a L, GENERAL GOVERNMENT COMMITTEE Motion carried on a roil call vote Ayes: Taub, Jacobsen, Potts, Cabello, Runestad, Hatchett. Long Nays: Schwartz, Gershenson, Nash, McGillivray Absent: Potter Miscellaneous Resolution #09002 BY: Commissioners Bradford C. Jacobsen, District #1, Jeff Potter, District #8 RE: BOARD OF COMMISSIONERS — PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen; WHEREAS Miscellaneous Resolution #08106 established a Government Relations Consulting Firm Study Group. comprised of four County Commissioners, to review and evaluate the Request for Proposals (RFPs), in the event that the Oakland County Board of Commissioners chooses to hire a government relations consulting firm; and WHEREAS the Oakland County Purchasing Division sent out notice of the RFP to fifty-three (53) consulting firms throughout the State of Michigan and gave notification of the bid opportunity on the Michigan Inter-governmental Trade Network (MINT); and WHEREAS the county received sixteen (16) proposals, which were reviewed and evaluated by the study group. Six (6) firms were selected for interviews, which were conducted in November 2008: and WHEREAS the Government Relations Consulting Firm Study Group has made the recommendation that Public Affairs Associates, Inc. (FAA), based in Lansing, Michigan, be selected as the government relations consulting firm by the Oakland County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes a professional services contract with Public Affairs Associates, Inc. (FAA), as the government relations consulting firm representing the interests of the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a three (3) year contract, at a monthly fee of Five Thousand ($5,000) Dollars, unless terminated by the parties. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is authorized to execute the professional services contract with Public Affairs Associates, Inc. (FAA), on behalf of the Board of Commissioners. Chairperspn, we move the adoption of the foregoing Resolution. ommlis9l'oner Bradford C. Jacobsen Djstrjot,g1 (14(4-ydat% I /14(4-11,44% issioner Jeff Potter District #8 Commissioner Commissioner District # District # MISCELLANEOUS RESOLUTION #08106 BY: Commissioners Eileen Kowall, District #6, David Coulter, District #26 IN RE: BOARD OF COMMISSIONERS — ESTABLISHING A STUDY GROUP TO RECOMMEND A GOVERNMENT RELATIONS CONSULTING FIRM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the economic downturn in Michigan significantly impacts budgetary and policy issues that come before the Governor and the State Legislature, which have significant impact to local units of government within the State of Michigan; and WHEREAS many such issues, debated at the State level, have far reaching consequences for the citizens of Oakland County; and WHEREAS term limits have caused an historic turnover in the legislature making it more important than ever that the Board of Commissioners retain a new governmental relations consultant in a timely manner; and WHEREAS for several years, the Board of Commissioners has retained a multi-client government relations consulting firm; and WHEREAS the contract for the current government relations consulting firm terminates on August 30, 2008; and WHEREAS a government relations consulting firm that engages in lobbying activities must represent the view of the entire Oakland County Board of Commissione's, and WHEREAS a process needs to be implemented that includes input from all commissioners. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners immediately proceed with the selection of a government relations consultant for the purpose of actively representing the interests of Oakland County, as oeterrnined by the Board of Commissioners, on those issues before the Governor and the State Legislature, including, but not limited to, proposed laws, statutes, public acts, regulations, and executive and administrative orders, that the Board deems appropriate using the following procedure: 1. The purchasing department shall create a Request for Proposal (RFP) and advertise for proposals from qualified government relations consulting firms. 2. Once applications are received, the Study Group shall review and evaluate all of the applications. 3. A study group consisting of Commissioners David Coulter, Tim Greimel, Jeff Potter and Brad Jacobsen will review all applications, interview the recommended applicants and make its recommendation to the full Board of Commissioners. All commissioners will be invited to attend the interviews and Participate. 4. The Study Group recommendation must have the unanimous vote by all four (4) Commissioner members. Chairperson, we move the adoption of the foregoing resolution. EILEEN KOWALL, DAVID COULTER 71- Resolution #09002 January 8, 2009 Resolution #09002 March 5. 2009 Resolution #09002 April 23, 2009 The Chairperson referred the resolution to the General Government Committee. There were no objections. The Chairperson referred the resolution to the Finance Committee. There were no objections, Resolution #09002 March 26, 2009 Moved by Long supported by Middleton the resoIution (with fiscai note attached) be adopted. Moved by Long supported by Middletor the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Middleton the resolution be amended to coincide with the recommendation in the General Government Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Hatchett, Jacobsen, McGillivray, Middleton, Potter, Potts, Runestad, Bullard, Capetle. (10) NAYS: Gosselin, Grelmel, Jackson, Long, Nash, Schwartz, Scott, Woodward, Zack, Burns, Coleman, Coulter, Douglas, Gershenson. (14) A sufficient majority not having voted in favor, the resolution (with fiscal note attacned), as amended, failed. Moved by Woodward supported by Jacobsen to reconsider Miscellaneous Resolution #09002 - BOARD OF COMMISS:ONERS — PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. and postpone until the May 21, 2009 Board of Commissioners meeting. AYES: McGillivray, Nash, Potter, Potts, Schwartz, Taub, Woodward, Zack, Bullard, Bums, Capella, Gershenson, Gingeli, Hatchett, Jackson, Jacobsen. (16) NAYS: Long, Middleton, Scott, Douglas, Gosselia. Greimel. (6) A sufficient majority having voted in favor, the resclution was postponed until the May 21, 2009 Board of Commissioners meeting for reconsideration. PROPOSAL FORM SEALED BID Paoe L BROOKS PATTERSON - OAKLAND COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION grOAKILAND- COUNTY MICHIGAN x 15.17 g SOLICITATION QUOTATION — PROFESSIONAL SERVICES Contact Information: Buyer: Scott N. Guzzy , Oakland County Purchasing Division - Phone: 248.858.5484 Building 41 West - Lower Level 2100 Pontiac Lake Road Fax: 248.858.1677 i Waterford, MI 48328 , Email: ouzzyspoakgov.com I Solicitation Event ID: 000461 Response Due: 09-08-08 By: 3:00 PM Eastern Time Event Title: Oakland County Board of Commissioners Lobbying and Government Consulting Services Category Codes: 96151 The Oakland County Purchasing Division is issuing a Request for Proposal (RFP) seeking bidders to perform services as detailed in Attachment (B). Index: • Proposal Form (This Form) • Attachment (A) - Mailing Label • Attachment (B) - Solicitation Specifications • Attachment (C) - Oakland County Professional Services Contract Boilerplate (for information purposes only) General Submission Information: • This solicitation event can be accessed at the Michigan Inter-governmental Trade Network (MITN) website: www.mitn. info • It's the bidder's responsibility to insure that roblivi*ee eieleueived in the Purchasing Division prior to the date and time specified. Purchasing Division's address, due date and time are listed on the first page of the proposal form. The responsibility rests entirely with the bidder, notwithstanding delays resulting from postal handling or for any other reasons. No late or misdelivered bids will be accepted. The official time clock shall be the date/time stamp machine located at the Purchasing Division main office located at the address listed above. • Sealed bid responses may only be delivered to the Oakland County Purchasing Division. O Package must be sealed. O Package must have the provided mailing label affixed to the outside of the package. O Package must list the submitting company's name, contact person and address. o Deliver to: Oakland County Purchasing Division Building 41 West— Lower Level 2100 Pontiac Lake Road Waterford, MI 48328 REV 04/15/2008 Event U00461 cloc Page 2 o Bid responses shall be accepted at the Oakland County Purchasing Division any time during the normal course of business only; said hours being 8:30 A.M. to 5:00 P.M. Eastern Time, Monday through Fridays, excluding legal holidays. • All questions regarding this solicitation should be submitted in writing or email (preferred) to the buyer listed on page one of the proposal form. Subject line must include the solicitation event number listed on page one of the proposal form. Submissions: - • This proposal form must be signed by a person authorized to bind and commit the company to provide such goods and /or services offered to the County should their bid be accepted by the County. • The bidder acknowledges that the County is a public entity and therefore is subject to public disclosure laws. Modifications: • Prior to opening the solicitations, clarifications, modifications, or amendments may be made to the solicitation at the discretion of Oakland County Purchasing Division. Should any such changes be made, an addendum will be issued and posted on the Michigan Inter-governmental Trade Network (MITN) website. www.mitn info • It's the responsibility of the bidder to check the website for addendums. Contract Requirement: • A copy of the County's Professional Services Contract boilerplate is enclosed as Attachment (C) (for information purposes only). Bidder is encouraged to review the attached boilerplate contract with the proposed terms and conditions. Review the insurance requirements in Exhibit I "Contractor Insurance Requirements". The successful bidder will be required to comply with same. Awarded bidder shall provide required insurance documentation upon notice of award. Alternatives to Specifications: • Bidders may offer alternatives from the expressed specifications described by the County. The County reserves the right to consider and accept or reject such alternatives. Alternatives must clearly describe all variances from the specifications herein. Provide product literature, specification sheets and drawings with bid if providing an alternate. Withdrawal: • Responses may be withdrawn by writing or electronic notice provided such notice is received by the Purchasing Division prior to the time set for the opening of the responses. Specifications: • Specification response requirements must be submitted with signed proposal form. • Failure to include in the response all information outlined in this RFP may be cause for rejection of the response. Award information: • Organizations may be requested to submit a completed, signed Federal W-9 form prior to an award of a contract or purchase order. • Awarded bidder shall provide required insurance documentation upon notice of award. Terms and Conditions: No late or misdelivered proposals will be accepted. REV 04/161200e Event 400461..doc Page 3 The official time clock shall be the date/time stamp machine located at the Purchasing Division main office located at the address listed above. The Respondent shall be responsible for all costs incurred in the development and submission of this response. Oakland County assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a response by a Respondent, the evaluation of an accepted response, or the selection of finalists. Oakland County shall not be contractually bound until Oakland County and the successful Respondent have executed a written contract for performance of the work. Submission is a conclusive presumption that the bidder is familiar with the RFP, Contractual Requirements, and Specifications and that the bidder undei eierrcle Geld dal ees to abide by each and all of the stipulations and requirements contained herein. Any exceptions to the stipulations should be submitted separately. Each response should be prepared simply and economically, providing a straightforward concise description of the proponent's approach and ability to meet the County's needs, as stated in this RFP. All prices shall be quoted in U.S. dollars. Unless Respurideas specifically note otherwise, any and all quoted prices will be firm. If the vendor's consumer pricing is reduced during the term of the contract, the lower price will apply. In case of error in the extension of prices in the response, the unit prices shall govern. The County of Oakland reserves the right to reject any or all solicitation responses, awarding the solicitation to other than the lowest priced solicitation response and to waive any irregularities and for formalities. Also to accept any solicitation response which, in its judgment, best serves the County's interest. The County of Oakland reserves the right to request any additional information which might be deemed necessary after the submission of this document to bidder, and after responses from bidder have been received by the County. The County of Oakland reserves the right to conduct interviews, reference checks, and any other due diligence deemed necessary to select the successful bidder. The County of Oakland reserves the right to split or abstract any or all bids and award multiple contracts from the same solicitation based on price, availability, and services when in its judgment best serves the County. All County Contractors are required to comply with all Federal, State, or 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, or Local laws either current}, or historically is a consideration in the bid evaluation process 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 1-9 employment verification requirements. Any and all future Federal, State, or Local laws must also be complied with while the contractor is providing services/products to the County. REV 04/15/2008 Event 040461..doc Page 4 Vendors that have been found guilty or held civilly liable for violation of any federal or state law, or have been barred and/or declared ineligible from consideration in receiving any federal, state or municipal contact, must provide information as part of their proposal on all such violations / barrings I ineligibilities. All work shall be performed in a professional manner and shall be consistent with Ue practioeb of the trade. The Contractor shall be responsible for any permits and inspections. All labor and materials shall be in accordance with applicable building, safety, and fire codes. Shipping terms are to be F.O.B Destination unless otherwise stated in the solicitation specifications. Pursuant to Act 167 of the Public Acts or 1933, the County of Oakland, a Michigan Constitutional Corporation, is exempt from the sales tax provisions of this Act. In addition, the Michigan Department of Treasury has promulgated General and Specific Sales and Use Tax Rules which provide that the County of Oakland is not required to have a sales tax exemption number. (R205.79: Rule 29) For reporting purposes — County of Oakland ID. #38-6004876W. Bidder Signature (person authorized to bind and commrt the company) Print Bidder Name Date I 000461 uompany Name Solicitation Event Number Proposal Form (pages 1-4) must be returned with this signature page. REV 0411512008 Event 000461 _deo A Solicitation Event Number 000461 Buyer Initials ATTACHMENT (A) Bid Solicitation Check Sheet: E Original plus number of additional hard copies or CDs (As per Solicitation Specifications) n Signed Proposal Form E Complete Solicitation Specification Requirements fli Affix your company address, contact person and phone number on the exterior of package E Affix label below to exterior of package if mailing or shipping FROM: Company Name: Contact Person: Phone Number: Solicitation Event Title Oakland BOC Lobbying & Consultina Services snu Due Date: 09-08 -08 Time: 3:00 PM E.T. ammairácibri: DELIVER TO OAKLAND COUNTY PURCHASING DIVISION EXECUTIVE OFFICE BUILDING 41W — LOWER LEVEL 2100 PONTIAC LAKE ROAD WATERFORD MI 48328 REV D4/15/2008 Event 000461..doc Page 6 Attachment B Oakland County Purchasing is issuing this SEALED Request for Proposal (RFP) to interested and qualified vendors who can actively represent the interests of the Oakland County Board of Commissioners -before the Michigan Legislature and the Governor on those issues deemed appropriate and authorized by the Board of Commissioners, including, but not limited to proposed laws, statutes, public acts, regulations, and executive and administrative orders. Overview The Oakland County Board of Commissioners is seeking proposals from qualified government consulting firms to provide a range of services to assist the Board in developing a comprehensive government relations strategy. In addition to the Scope of services outlined in this Attachment B, the Board encourages prospective vendors to be creative in developing and influencing legislation, monitoring proposed legislation in its formative phase, to allow timely influence on the language, provisions, and for ultimate passage, securing grant opportunities, and participating in other endeavors that will benefit the residents of Oakland County, The proposed budget for the requested services shall be $5,000.00 per month. Interested vendors are to list and describe the services that they are proposing. In reviewing the proposals, the Board will consider information provided by the vendor on benchmarking, measurable performance standards expected to be met, the return on investment the County should realize in selecting updates, analysis, and other work products provided by clients, which will be considered in evaluating the proposals. General Specifications The awarded vendor is expected but not limited to perform the following services: 1. Provide lobbying services for the Board of Commissioners as described above with a budget of $5,000 per month. 2. Provide minimum of monthly written reports on legislative issues relevant to Oakland County, and be available to meet with Commissioners at least monthly to discuss the issues. 3. Provide expedited written reports on special legislation that could affect Oakland County. 4, The Contractor shall disclose to the Chairperson of the Board the names of all clients which hold a substantially different view on issues from the Board of Commissioners within ten (10) days of being discovered, and also notify the Chairperson of potential conflicts with current or future clients. The selected vendor shall enter into a three (3) year Professional Services Contract, November 1, 2008 through December 31, 2011, that may be renewable for an additional two years of services, Vendors are encouraged to review the attached boilerplate contract, Attachment 'IC", and designate any area of disagreement or concern with the proposed terms and conditions. Vendors are to review the insurance requirements listed in the attached contract boilerplate, Attachment C. REV 04/15/2008 Even/ 000461..doc Page 7 The selected vendor shall be responsible for disclosing to the County Board of Commissioners the names of all past and current clients prior to entering into contract negotiation. RFP Format: 1, An overview or Executive Summary of the firm. This shall include names of person(s) and phone numbers to contact. 2. A detailed section out-lining all services that shall be provided for the allotted budget amount. Vendor to propose a "monthly" cost for the services outlined above. Vendors may propose more than one "monthly" cost with various degrees of services allotted. 3. Present experience outiining projects with County or local governments of similar size and stature. This shall include, but is not limited to: contract length, contract amount, types of projects, name of entity, and name and phone number of current contact. 4. Resume and experience of staff that would be workilly end dssiy, led with Oakland County 5. An electronic copy of the entire RFP response to be included. The County is requesting that one (1) original RFP response and four (4) copies be submitted for a TOTAL of Five (5) RFP responses. REV 04/15/2008 Event 030461..doc Page 8 Proposals shall be evaluated on the followina criteria: 1. Completeness of submitted proposal. (AU Proposals are to be submitted in t1i aiiie bi idt ab the above listed specifications. Proposal sections are to be tabbed; all pages must be numbered. Poorly organized proposals may cause a lower evaluation.). 2. Executive Summary of Firm 3, Services offered with the proposed monthly budget and any additional services. 4. Experience with County and Local government entities. 5. Successful projects completed for similar County and Local governments. 6. Resume (s) of staff that would be assigned to Oakland County, All questions are to be directed to Scott Guzzy, in writing by fax to 248-858-1677 or e-mail to ouzzysQoakdov.corn. Questions that may clarify the proposal specifidtiuu libwers will be shared to all vendors through a RFP Amendment. REV 04/1512008 Event OD0461..doc C.) C") 0 MITIow CA_ j Solicitation Responses Report CompanyName 481 8/27/2008 1 . 11:34 AM THE FARHAT GROUP INC 9/6/2008 10:44 AM ERASER CONSULTING LAC 9/512008 12:32 PM SCOFES a ASSOCIATES CONSULTING INC ' 9/5/1600 -7—{:60-Phi PUBLIC AFFAIRS ASSOCIATES -••.4/i_Lk-1 r g4Arb eV. ?eta r - 9/5/2008 2:35 PM WIENER ASSOCIATES 1 ./../?' p.A, r 9/5/2008 3:50 PM GOVERNMENTAL. CONSULTANT SERVICES INC iwtp /7 ifi_ voe y 9/8/2008 7:37 AM MIDWEST STRATEGY GROUP 9/8/2008 10:09 AM KHEDER & ASSOCIATES itsIC 918/2008 . 10:23 AM CAPITOL SERVICES INC . 91812008 10:34 AM CAPITOL AFFAIRS LLC qr.-c.f.i./1D t //Zs/4 7 9/8/2008 11:37 AM THE FREDERICK GRC1UP 9/812008 11:37 AM CUSMANO XANDLER & REED INC • 9/8/2008 .11:38 AM NORTH CAPITOL VIEW ASSOC — 9/8/2008 11:52 AM kilbiVATTER & ASSOCIATES INC . 9/812008 1:27 PM KELLEY CAWTHORNE .,..f Itac 4iiliatZk 1 efAC P 7e74,,,--. 918/2006 168 PM CLARK HILL PLC 1-../ it...e4i;te..pi(l) /i/e+97.0 R . Comments SolicitattonEvent# Date lYme Monday,. September 08, 2008 Page 1 41 7-7— EXECUTIVE SUMMARY The mission of Public Affairs Associates, Inc. is to serve each client as if it is our only client. PAA provides the highest quality lobbying and policy management services while maintaining the utmost ethical standards. Experience. Knowledge. Innovation. These critins1 elpmpritq fif-i-ve as the cornerstone of our business at Public Affairs Associates, Inc. Founded in 1971 by Francis J. Coomes and Emil Lockwood, CPA, a former State Senate Majority Leader, FAA has earned the confidence and trust of clients seeking governmental relatiors counseling. FAA is a full-service governmental relations firm serving corporations, trade. csneintinns, public entities, and individual professionals in manufacturing, health care, insurance, finance, entertainment, education, and other iqNtle gpecialtips. For over thirty-five years, FAA is consistently recognized as one of the State 's top lobbying firms. We take pride in this honor, because we believe it validates our commitment to our mission: to be the best and most effective governmental consulting firm in Michigan. From battling for or against legislation in the hall 's of the Capitol, to negotiating with departments over regulations and policies, PAA offers creative strategic approaches to meet our client 's needs. FAA has brought together a team of professionals who access every corner of state government. Our bi- partisan approach ensures that our clients have strong working relationships with leaders from both sides of the aisle and key members of the Executive Branch of government. PAA also prides itself in our ability to keep our clients informed on issues of importance to them, as well as breaking news that affects the climate in Lansing. Using Pi ,iPTivery, PA-A supplies bill -tracking and information services, special reports on major issues, specific activity reports, and a weekly newsletter 'to our clients. These services can be tailored to meet your specific iriformatim and timing needs. We also understand that face to face communication with the client is critical. We urge our clients to establish a routine meeting schedule to ensure that the targets and objectives are clear, and that the action plan is being followed. Our client communication plan also includes attending any and all meetings to report on activities associated with the client 's government affairs activities. PAA also maintains relationships with Michigan's Congressional delegation. When called for we can assist our clients in communicating with our Washington delegation on our issues of importance. Our Lansing office is located in the. heart of the capitol city. Our convenient location to the Capitol, Executive office, and state departments makes for an efficient meeting place for our clients before beginning a day in Lansing. CLIENT SERVICES PAA pledges to serve each client as Wit is our only client. And while that may seem idealistic, it's a commitment we take as seriously as the issues we confront. PAA believes in a team approach to problem solving. Each client is assigned a IrliIth1111111 of two professionals to develop and manage the clients action plan, and Whi'n TifMed Etarll client has available the fa resources of our professional staff which represents over 100 years of political experience. PAA takes pride in its comprehensive issues-management approach to client service. Whether it's a special project requiring immediate attention OT the development and implementation of a long-term plan, FAA considers the full array of actions for a client. This involves everything from research to strategic planning to implementation. Furthermore, close working relationships with the state's top public relations and law firms allow us to seek additional expertise on critical issues, as the need arises. As part of our ongoing service, clients receive weekly and monthly customized reports about legislative changes and updates on state legislation and regulatory activity. Another service we prmide to clients is a weekly newsletter—the PAAdvisory. This publication offers a quick view of major issues, key legislative announcements, staff changes and various other items of interest that have occurred during the week. Lobbying An effective lobbyist can provide an essential link in the. making of law and the administration of government. FAA's extensive knowledge of state and local political climates have yielded a solid tack record of client success. Today's legislative and public policy environment requires a comprehensive political, educational and public relations plan responsive to the ever-changing relationship between government and those seeking to impact it. The kind of lobbying strategy that has become PAA's specialty. FAA believes that successful lobbying requires careful analysis of the client's goal and all public policy issues related to that goal. This includes evaluating potential allies and opponents, as well as other policy options available to attain the client's objective. The evaluation process also includes a risk/benefit analysis of client objectives as they relate to public policy development. This comprehensive approach enables the client and FAA to conduct a final review of the client's goals and objectives, culminating in the development of an action plan, to achieve the desired outcome. Finally, FAA and the client form a working partnership to execute the action plan. "Once PAA agrees to serve a client, the client's goal becomes PAA's goal." Direct Advocacy Lobbying The old approach to lobbying, based almost exclusively on purely personal friendship, is becoming obsolete—a trend accelerated by the new legislative and executive term limits. Within this new environment, FAA has built and maintains a comprehensive set of relationships with all facets of government. PAA provides direct advocacy lobbying of legislators and executive personnel. This includes contact with the House and Senate leadership and committee chairs, who have significant influence over the fate of legislative issues. Frequently, a client matter requires attention at the highest levels of government. PAA maintRins regular contact with department directors, the Governor and her key staff to ensure that our client's interests are heard and understood by those who have direct control over the outcome. Grass-Roots Lobbying At times, a lobbying strategy may require a client to reach "the masses" or targeted audiences in order to influence public policy or legislation. At PAA, we design and implement grass-roots programs which .focus on consensus building and action. Grass-roots lobbying may often include coordinating visits with legislators, newspaper editorial boards, the circulation of petitions, direct mailings, and organizing phone banks to influence public policy action. Additionally, using PAA's web site we can deliver timely information to the grass-roots network on issue development, palhicaLstrategies rand timing of contacts, For example, when a coalition of non-profit organizations needed a tax credit for contributions, FAA designed and implemented a grass-root lobbying strategy aimed at meeting the coalition's goal by gaining the support of the media, legislature and Governor. Following extensive research. FAA developed a series of documents, including a "white paper' to help influence target audiences and organized petition drives to mobilize local citizens. This effort, combined with the procurement of editorials and meetings with legislators and the Governor, added the necessary energy to achieve success. Issues Management/Strategy Development A sound issues management strategy is one that's proactive, anticipating the myriad of events, activities and obstacles that may influence a client's issue. Comprehensive strategy development begins with an in depth discussion of the client's role and relationship with government and includes an assessment of the client's goals in relation to public policy. This vital information exchange forms the basis of a communication and action plan which manages the full speclrum of interests among the client, the public and government. For example, an international manufacturer sought PAA 's service after experiencing a significant breakdown in its relationships with state regulators. After an extensive audit of the client's governmental contacts and regulators attitudes toward the client, FAA devised and implemented a comprehensive strategy to improve relations with state and federal regulators, F Today, the client maintains a strong relationship with the state's regulatory arena and is recognized as one of Michigan's leading corporate citizens. This relationship has allowed the corporation to propose and execute new approaches to environmental problem solving, which has reduced costs and increased efficiency for both the company arid the state agency. Research A little homework can often go a long way. That's why PAA strongly emphasizes ongoing research to ensure the client and public policy makers are attuned to an issue. Research can include everything from gathering information in order to help craft effective legislation to the development of fact sheets and other materials for key legislators, community leaders, media and special audiences. Examples of PAA 's research management range from producing academic papers concerning tax policies to conducting public policy polling to move an issue forward. Using PAA 's internal staff and external relationships with the state's best public relation firms and think tanks, we are able to assemble the data necessary to generate the right information to move a policy debate in the right direction, Public Relations The media, community leaders, special-interest groups and other key audiences can play a critical role in how an issue or policy is perceived and ultimately accepted. Our ongoing relationchip with the state's top public relations firms complements our efforts in providing comprehensive public and media relations plans to support a client's particular position or issue. This may include everything from gaining community and government support for a hospital's proposed Certificate of Need (CON) to developing a communication plan for a corporation interested in gaining state and local support for it objectives. Crisis Management Any sound government affairs plan anticipates the need for crisis management. PAA urges our clients to create an internal team to react to fast moving issues, which may affect the clients goals. Additionally, our professional team has the ability to move quickly to impact a crisis situation and manage our client's exposure. For example, an industry group approached FAA for assistance after the House of Representatives had already approved a substantial tax increase package. After canvassing key leaders in both Rouses of the legislature and developing a position paper and media program, FAA was able to impact the process and enable the industry to negotiate a reasonable and balanced conclusion to tile legislative debate, Coalition Management The growth of special interests has strengthened the need to coordinate efforts in order to impact public policy. Coalition management has become a necessary component of legislative strategy development. PAA has successfully developed and managed coalitions to benefit our client's activities. Our efforts include recruiting members, managing information, and directing legislative activities of coalitions. For example, when a 25-year-old assessment valuation tax table for high-technology equipment became ineffective, PM worked with a coalition of industry groups to persuade the Michigan Department of Treasury and the Tax Commission that a change in assessment rates was necessary. Through a series of hearings and meetings, one-on-one discussions and correspondence, the coalition was highly influential in the State Tax Commission's favorable vote for new assessment rates, Additionally, FAA was involved, along with the Michigan State Chamber of Commerce, in leading a coalition of business and professional interests in changing the state's product liability standard, similar coalition was successful in changing the state 's single business tax formula in 1996 allowing for significant savings for _Michigan's industrial community. Political Consultation Most industries and associatinns that have a substantial executive and legislative presence either already have or endeavor to establish a political action committee (PAC). PAA's services include advising clients on how to create, operate and maintain PACs. This includes assistance with fund raising, and compliance with all campaign finance laws and filings. Compliance PAA is strongly committed to conducting our business using the highest ethical and legal standards. To that end, PAA has dedicated a staff position to ensure that we and our clients strictly conform to all Michigan Lobby law requirements. Issues Monitorin.garacking With its broad, in-depth knowledge of state and federal legislative issues, PAA provides a monitoring service offering immediate and factual information to help track policy issues or trends so clients are able to make sound decisions_ This service involves a continuous process of information gathering and analysis on all legislation that might affect the client's interest. Reports are tailored for each of OUT clients to ensure that accurate, timely, and important information is available for review. This includes bi-weekly legislative tracking reports, Friday flash reports of all legislative introductions of interest, and reports on analysis and rules of importance to the client. FAA Management A board of directors made up of PA.A shareholders and directors governs PAA's strategic direction, in addition to directors, PAA has formed a "board of advisors" rPri-craitiiag (tiverse group of business. political and community leaders, who consult on a variety of strategic issues affecting the state's political climate and the future directions of PAA, One Michigan Avenue Building 120 N. Washington Sc.. Ste 1050 Lan-int p 517-37a-38QC 5r"3`P•::"if,1 PUBLIC AFFAIRS ass2ciates Discover a New Level in Government Relations THOMAS J. HOISING TON Inside Michigan Politics, the state's leading political trade journal, recently recognized Tom Hoisington for -outstanding-Terformance by naming him one of the top five lobbyists in Michigan, an accolade which appropriately reflects Tom's presence and expertise as a key lobbyist strategist and advisor. Additionally, Inside Michigan Politics rated Public Affairs Associates, Inc., of which Tom is President, the most effective multi-ehent firm in Lansing. Tom has been a veteran of the Lansing political scene for over 30 years, having held staff positions in both the Michigan Senate and House of Representatives. He also served two years as director of local programming for the Michigan Energy Administration and served as an elected official on the Ingham County Board of Commissioners from 1976 to 1982. He was elected chairperson of this board in 1980. Tom joined Public Affairs Associates, Inc. in 1981, where his primary areas of expertise include legislative and political strategy. Since joining PAA, he has served as public policy advisor and lobbyist for some of Michigan's largest companies and trade associations including: Shell Oil Company, Michigan Association of Certified Public Accountants, Health Care Association of Michigan, Michigan Manufactured Housing Association, Pfizer, Inc., DTE Energy, Dow Chemical USA, EDS, General Motors Corporation, the Michigan Health & Hospital Association and Michigan Infrastructure & Transportation Association. Tom currently serves as a member of the Olivet College Board of Trustees and the Ingham Health System Board of Directors. In addition, he has served on the advisory boards of a number of Lansing-area organizations including: BoarsHead Theater, Impression 5 Museum and the Council for Prevention of Child Abuse and Neglect Tom, a native of Lansing, received his Bachelor's Degree in Political Science and English History from Michigan State University. He is married to Louise Alderson, a Lansing District Judge, Their three children, Joshua, Lindsay and Jeff, are all attending Michigan colleges. PUBLIC' AFFAIRS associates Discover a New Level in Government Relations JAMES R. RYAN Former State Representative James R. Ryan joined Public Affairs Associates, Inc. in 2002. Jim's skill, talent, and integrity as a lobbyist have been recognized by his peers with his inclusion in Michigan's Best Lobbyists Top 20 by "Inside Michigan Politics." He has been similarly recognized by "America's Best Lobbyist" for several years. His election to the Michigan House of Representatives marked the first time in 30 years that the 16th district was represented by a Republican. Ryan was appointed by the Speaker of the House as Vice-Chair of the Public Utilities Committee, as well as, to the powerful Judiciary Committee. Mr. Ryan has made significant contributions as a legislator, resulting in him being named "Legislator of the Year" in 1995 by the Michigan Association of Chiefs of Police, and in 1996 he was chosen "Outstanding Legislator" by the Fraternal Order of Police. Elected a Majority Whip by the Republican caucus, Ryan was also appointed by the Speaker to attend the Darden School for Emerging Political Leaders at the University of Virginia. Mr. Ryan later served as a Deputy Director of Governor John Engler's executive office. As such. Mr. Ryan served as liaison for Governor Engler with elected and non-elected leaders of southeast Michigan. In addition, he was responsible for developing and implementing policy reforms and iaitiatives. Mr. Ryan has committed a great deal of time to community activities and service. He is active in a number of clubs and organizations such as Kiwanis, Goodfellows, Knights of Columbus, both local and state Chambers of Commerce, and the Greater Detroit Regional Chamber. Mr. Ryan's family has deep roots in Michigan politics. His father, James L. Ryan, appointed by President Reagan, is a judge of the U. S. Sixth Circuit Court of Appeals, and a former member of the Michigaa Supreme Court. His brother. Daniel Ryan, is a judge on the Wayne County 3rd Circuit Court. Prior to serving in the Michigan House, Mr. Ryan was a high school teacher and coach for seven years at Detroit Catholic Central High School. He and his wife, Terri reside in Novi with their two children, Sean and Jimmy. Terri is a Michigan PGA golf professional and small business owner. One Michigan Avenue Building p 517-371-3300 120 N.. Washington Sq., St t 105.2 517-371.3363 kiichiga 4F .77 wrovve.oaanalir car: One Michigan Avenue Building 120 N. Wa.$hington Sq, 51:c 105r..; Lansin;. p 517-371-3800 f 5177 .371.356:' www.l...laaordin:._ 7MT PUBLIC AFFAIRS associates Discover a New Level in Government Relations TYRONE D. SANDERS, JR., Esq. Tyrone D. Sanders Jr. was born and raised in Detroit, Michigan. He attended Detroit Renaissance High School graduating in 1987, and thereafter received his undergraduate degree in Telecommunications from Michigan State University in 1992. During his matriculation at Michigan State, Tyrone began serving his country as a member of the United States Army Reserve from which he was honorably discharged in 1997. After graduation, Tyrone spent four years serving as the Legislative Aide to State Senator Virgil Clark Smith. While under the tutelage of this respected legislator, Sanders developed a passion for politics. Also while with Senator Smith, Sanders pursued his law degree from Thomas M. Cooley Law Scbocl in Lansing. There, he distinguished himself as a member of the National Moot Court Team, and was elected to represent his classmates in the Student Senate and on the Alumni Board of Governors. After completing his law school studies, Tyrone successfully passed the Michigan Bar Earn and was admitted to the practice of law. That same year, Sanders was hired by SBC Communications to work ix its Government Affairs Department as a corporate lobbyist. After a series of promotions, Tyrone assumed responsibilities as Vice- President of External Affairs where he was responsible for planning and directing the company's legislative, civic and community involvement activities throughout the state. In February 2004, Tyrone joined Lansing-based, multi-client lobbying firm, Public Affairs Associates (PAA), as a partner. Tyrone's political experience, corporate management background, and legal training make him an invaluable asset in representing PAA's vast array of clients in the legislative process. In his free time, Tyrone does pro bono legal work and actively participates in other worthvthile causes, including business, civic, social and political organizations. Currently. Sanders is the Vice-Chair of the Detroit Workforce Development Board and Board Chair of the Southfield Community Foundation. In additiom. he serves on other boards and commissions. Tyrone is an active member of Hope United Methodist Church in Southfield. In 2000, Sanders was honored by the Black Caucus Foundation of Michigan's Civic and Humanitarian Award recipient Date through Da Contract - NOT TO AM6LENT This "Contract" is made between the CO Corporation, hereinafter called "County" following Table. In this Contract, either Co individually as a "Party" or jointly as the "P F OAKLAN tractor" as punty ichiFan Constitutional described in the also be referred to COUNT 210 Waterfo rein, the This conven SECTION SECTION 2. C r VENDOR NAME Contact Person Address 1 Vendor I. D. No. (herein the ''Contractor") he following "Section" or "Sections" for the UMENTS AND DEFINITIONS FECT1VE DATE AND TERMINATION CT ND ad __-__=.-__•_ -_-_-_- dr OAKLANDT--- COUNTY MICHIGAN L. BROOKS PA I iERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASE% DIVISION BUYER/Department Attachment C OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET PURCHASING DIVISION PROFESSIONAL SERVICE CONTRACT MMBER: SECTION 3. SCOPEWCONTRACTOR'S SERVICES COUNTY PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES CONTRACTOR ASSURANCES AND WARRANTIES CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 2005105/30 Page 1 SECTION 4. SECTION 5. SECTION 6. L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION OAKLAND? COUNTY MICHIGAN SECTION 7. GENERAL TERMS AND CONDITIONS In consideration of the mutual promises, obligations, representations, and assurances in this Contract, the Parties agree to the following: §1. CONTRACT DOCUMENTS AND DEFINITIONS The following words and expressions when printed with the firs, -tter capitalized as shown herein, whether used in the singular or plural, posses..; or in-possessive and/or either within or without quotation marks, shall be defined,*'. interpreted as follows: "Contractor Employee" means without limitati members, managers, trustees, volunteers, a Contractor, and also includes any Contr subcontractors, independent contractq ventures or partners, and/or any su employees, (whether such persons act d official capacities), and/or any and all per concert with any of the a ve. "Contractor who was a Contractor Em at anytime dur ointed, or e 1.1. any reason, is no longer em ffensees, conce "contractor's suppliers, ssors or predec ,-W. .‘personal, repr;iEntative or ing by, through, under, or in ee" shall also include any person term of this contract but. for that capacity. ns, su tied in ees, officers, directors, tatives of ires, contractors, lades, joint osts, and c onable atto enses, anto hich are im 1,2. "Claims" means any alleged I damages, suits, causesof action penalties. e liabilities expe county, or fo mplain4 demands for relief or ents, deficiencies, liability, Ses, g, but not limited to, y fees, witness fees, court costs, investigation p4id in settlement, and/or other amounts or on, incurred by, or asserted against the ecome legally and/or contractually obligated upon a statute, ru whether any and/or whethe nst, wHEMINTirect, indirect or consequential, whether based on of the federal or the state constitution, any federal or state * lati 1 y alleged violation of federal or state common law, claim brought in law or equity, tort, contract, or otherwise, mmenced or threatened. 1.3. Cd Agen ty" me ration, he County of Oakland, a Municipal and Constitutional departments, divisions, authorities, boards, committees, and "County ned below. 1.4, "Count"gent" means all elected and appointed officials, directors, board members. council members, commissioners, employees, volunteers, representatives, and/or any such persons' successors (whether such person act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them. "County Agent" shall also include any person who was a "County Agent" anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as an Agent. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 2 REV 2005/05130 L. BROOKS Pk! lERSON-COUNTY EXECUTIVE COAKIANDV-= OAKLAND COUNTY COUNTY MICHIGAN PURCHASING DIVISION 1.5. "Day" means any calendar day, which shall begin at 12:00:01 a.m. and end at 11:59:59 p.m. 1.6. "Contract Documents" This Contract includes and fully incorporates herein all of the following documents: 1.6.1. Exhibit I: Scope of Contractor's Services 1.6.2. Exhibit II: Contractor Insurance Requiremen 1.7. "Intellectual Property" means any developments, and materials that may be the subject of a trade patent, trade secrets or Proprietary Informat eats, designs, innovation, ark, copyright or eeptf,'inventions au ter softwqre and systems asswo cesses related to assource 1.8. "Proprietary Information" means ideas, the development and operation of co code, object code, security procechat §2. CONTRACT EFFECTIVE DATE AND TE 2.1. The effective date of this t act shall be as s - on the first page of this Contract, and unless othe' ated or cane - : p,ovided below, it shall end at 11:59:59 p.m. on the "Con., . ion Date" sY on the first page of this Contract, at which time this Cs • ,ithout y further act or notice of either Party beir_Ig_required. Th are •ii: obligation to renew or extend ntract Expir. n Date. Ne ithstanding the above, under no Contract b. 'ifective and binding and no payments to the or owing forituv Contractor services until and unless: this Contraffligia eircumst4es sha Contras ri all be 2.1.1. Thi bind trfaliontrad b_y Ate-ontractor Employee, legally authorized to 2.1.2. dalTi mat to tractor Certificates of Insurance and any other conditions tract have been submitted and accepted by the County. 1.1.3. This V.)tract is signed by an authorized agent of the Oakland County Purch-', g Division, as provided for on the signature page of this Contract, who I be the final signatory to this Contract. 2.2. The e -ay terminate and/or cancel this Contract (or any part thereof) at any time dur the term, any renewal, or any extension of this Contract, upon ninety (90) days written notice to the Contractor, for any reason, including convenience without incurring obligation or penalty of any kind. Notwithstanding the above, if the County is being reimbursed for any cost or expenses incurred under this Contract by any third party, including any Federal, State or local governmental agency, and any such third party funding is terminated. the County may terminate, end or cancel OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 2008/05/30 Page 3 ----...-= ft OAKLAND COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION this Contract immediately upon written notice to the Contractor. The effective date for termination or cancellation shall be clearly stated in the written notice. 2.3. The County's sole obligation in the event of termination is for payment for actual services rendered by the Contractor before the effective date of termination. Under no circumstances shall the County be liable for any future loss of income, profits, any consequential damages or any loss of business oppo i,Zties, revenues, or any other economic benefit Contractor may have realized "‘r • termination and/or cancellation of this Contract. The County shall not .4-%,.•ligated to pay Contractor any cancellation or termination fee if this Contr led or terminated as 2.4. Contractor may terminate and/or cancel t'act (or anyI7.1ti hereof) at anytime upon one hundred and eighty days (18!; .ays written notice to sunt•, if the County defaults in any obligation co•-2'- d her& and within the ,;:;-t:•;:o.„ dred and eighty days (180) notice period the 0 ' faio,orr has not atte 6 ed to cure any such default. The effective date of te an. or cancellation and the specific alleged default shall be clearly state. Olc written notice. 2.5. Under no circumstances sh. - County be to pay the contractor for any Services rendered or Goods o • -- which have nvoiced, as required herein, within sixty (60) days fir .= h Goods actually delivered to the County or Services were actua ', rend., - a t o this Contract. §3. SCOPE OF CONIMWOR'S SER 3.1. The Co: tor shi dorm all se 'ces identified and itemized in Exhibit It "Scope of Con" 's Servt o,r,” which is athd hereto and incorporated and made part of this Conn. §4. COLIMMILYNIE "44 Except a financial o13 shall be: Az1. In no aftnt, shall the County's amount due and owing the Contractor for any ai-.11 services rendered exceed the amount identified as the ' NOT TO XD AMOUNT" on the first page of this Contract. In the event the ractor can reasonably foresee the total billings for its services will ceed this ''NOT TO EXCEED AMOUNT", the Contractor shall provide the County with notice of this contingency at least fifteen (15) Days before this event. 4.1.2. No more than once a month, the Contractor shall submit an invoice to the County which shall itemize all amounts due and/or owing by the County under this Contract, as the date of the invoice. The invoices shall be submitted in the form requested by the County. The County shall have no OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 201:18105/30 Page 4 provided herein. provided herein. FOR CONTRACTOR'S SERVICES provided for in this Contract, the County's sole ntractor for any Contractor services under this Contract BROOKS PATTERSON-COUNTY EXECUTIVE • L. fro OAKLAND COUNTY COUNTY MICHIGAN PURCHASING DIVISION obligation to make payment until a proper invoice of service is submitted. The County reserves the right to make partial payments on account of the amount due the Contractor as the work progresses. 4.2. Under no circumstances shall the County be responsible for any cost, fee, fine, penalty, or direct, indirect, special, incidental or consequential damages incurred or suffered by Contractor in connection with or resulting froAthe Contractor's providing any services under this Contract. 4.3. The County has the right to offset any amounts du: ;;ei. ing to the Contractor should the County incur any cost associated wite p` is Ct that is the obligations of Contractor under this Contract This incl nes ' yment in the amount of any County provided equipment, suppli.: e ification es that are not returned by Contractor upon completion ,; the services provide* .2,,.ner this Contract. 4.4. This Contract does not authorize . - id servièm by either 11: ess expressly provided herein. §5. CONTRACTOWS ANTIWAROMIlifIES ts, assurancesM2rds and materials submitted is Contract ee'e *een truthful, complete and unders , ds that any material false de r ction with its seeking or 'els for canf mg or terminating this Contract future County contracts. The County's right to shall be in addition to any other rights the ntract. 5.2. WEAr.1,'.e ,‘ . ts that all set-vices performed hereunder will be that comp les with all applicable laws, statutes, regulations. nal standards. fession‘PLiconses. The Contractor will obtain and maintain at all rm ofthis Contract all applicable business and professional to provide the contracted services. 5.4. E. at an u. *lies. The Contractor is responsible for providing equipment and suppliz7rn: pressly required to be provided by the County herein. 5.5. Taxes. t. e Contractor shall pay, its own local, state and federal taxes, including without limitation, social security taxes, and unemployment compensation taxes. The County shall not be liable to or required to reimburse the Contractor for any federal, state and local taxes or fees of any kind. 5.6. Contractor's Incidental Expenses. Except as otherwise expressly provided in this Contract, the Contractor shall be solely responsible and liable for all costs and expenses incident to the performance of all services for the County including, but not OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 200W05/30 Page 5 5.1. Contractor certifies that all to County in connection with accurate in all respects. Contr statement, representation or omi obtaining 1 may be gi and/or d -,;t. 'ng sntractor frO canes]; ontraet • rovIded he County ha •• ig:: : or cancel thi ordinanC Business an mes during t ses necess 111 cOAKLAM COUNTY MICHIGAN L. BROOKS PATTER SON-COUNTY EXECUTIVE OAKLAND COUNTY PURCLIAS11% DIVISION n-n•••- limited to, any professional dues, association fees, license fees, fines, taxes, and penalties. 5.7. Contractor Employees. 5.7.1. Contractor shall employ and assign qualified Contractor Employees as necessary and appropriate to provide the services under this Contract. ye all the necessary TM the required rtificates, and Contractor shall ensure all Contractor Employe knowledge, skill, and qualifications necessa services and possess any necessary Li governmental authorizations as may re Contractor r this Contract. he conduct and 5.7.2. Contractor shall solely control, dire Employees with respect to all C Contractor will be solely res supervision of any Contra 5.7.3. All Contractor Employees shall provided identification at all times Contractor shall t.„.._rn all County pro of the last day of s;•1 .rovided unde lay appropriatecounty- working on County premises. identification upon completion Contract. superv obligation ible for and fully liabl oyee‘ 5.7.4. All Contractor Empl County's discretion, Cou, 5.8. Contractoteirt emplo240,,Lthe Co insura-nce),4 the C comply with federal' Contractor federal or '' ,-4.VOClaims again k-.:- `for hire or emp ctor Em disa elated Explreses. All Contractor Employees shall be ctor's sole ex nse (including employment-related taxes and tractor warran ".)• It all Contractor Employees shall fully f th-. -rms of this Contract. Contractor shall be and all applicable Contractor Employee's gyrnent withholdings or contributions and/or any and all ension or welfare benefits plan contribution under Ctor shall indemnify and hold the County harmless for all Counly by any Contractor Employee, arising out of any contract er-employee relationship between the Contractor and any yee, including, but not limited to. Worker's Compensation, other insurance of any kind. ed to work *For this Contract may. at the bibubje ,0"'L''.,*),17,11ftel-teck and clearance by the 5.9. Full Knognedge of Service Expectations and Attendant Circumstances. Contractor warrants that before submitting its Proposal and/or entering into this Contract, it had a full opportunity to review the proposed services, and review all Coun:y requirements and/or expectations under this Contract. The Contractor is responsible for being adequately and properly prepared to execute this Contract. Contractor has satisfied itself in all material respects that it will be able to perform all obligations under the Contract as specified herein. REV 2008/051n OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 6 ra IIIKIV4E10 COUNTY MICHIGAN L. BROOKS PATTER.SON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASLNG DIVISION • 5,10, The Contractor's Relationship To The County Is That Of An Independent Contractor. Nothing in this Contract is intended to establish an employer-employee relationship between the County and either the Contractor or any Contractor Employee. A:: Contractor Employees assigned to provide services under this Contract by the Contractor shall, in all cases, be deemed employees of the Contractor and not employees, agents or sub-contractors of the County. §6. CONTRACTOR PROVIDED INSURANCE AND INDEIVIACATfON 6.1. Indemnification. eicCll. Contractor shall indemnify and hold th minty -,1;i.^.ess from any and all Claims which are incurred by or . -`°.4" against ainst th -° c.'k...,,. nty by any person or entity, alleged to have been ,41ised or found to arise,L.r , the acts, performances, errors, or o ,:i ..: ,, s of C• ',tractor or Con Employees, including, wi oil -,1; *talon ;„, Claims relatinVrinjury or death of any person or damage t 6.1.2. The indemnification rights contained : Contract are in excess and over and above any val , 2 ollectible insu 'A-ifi.,.-„rights/policies, During the term of this Contra°, "dity or coil -1 etv of the Contractor's insurance is disputed 1 , the - e comp.d.t .the Contractor shall indemnify the County all i against the County and if the ins ompany pre the Cont T or shall indemnify the County for mi 'one . accounts. I have no rig ,..ainst the County for any indemnification uitable, .y implication), contribution, subrogation, eimbursecl by the COUI1137 except as expressly . _ d releases all actions, liabilities, loss and damage any $ rogated rights it may have against the County based upon brought against the County suffered by a Contractor Employee. 6.2. Ciiracto? ProMorl Insurance. :46141 1 6.2.1 times during this Contract Contractor shall obtain and maintain urance according to the specifications indicated in Exhibit II. §7. GENERAL TERMS AM) CONDITIONS 7.1. Access To County Facilities. While the Contractor retains the right to perform services at any time. the Contractor must obtain prior permission by the County for access to County facilities after the County's regular business hours. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHAS1NG DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 7 REV 200a/05130 "Dama "Audit"; "Severability"; 'Governing Law/Consent To Jurisdiction "Survival of Terms And Conditions". L. BROOKS PAFIERSON-COUNTY EXECUTIVE grOAKLAND OAKLAND COUNTY COUNTY MICHIGAN PURCHASING DIVISION 7.2. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 73. Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination and/oArfAelldtion of this Contract (or any part thereof) until the terms and conditions are lisfied or expire by their very nature: "CONTRACTOR'S ASSURANCES AND WARMNIMIU.' "CONTRACTOR PROVIDED INSURANCE ANID INDEMNIFICATION": 7.4. County Right to Suspend S._ .., ... Upon written - ,_,. e, the County may suspend performance of this Contract ' ... , ,... or has faile. . %....! ' ply with Federal. State, iiio it or Local laws, or any require .• n ,,...,.,_1 in this C4 tract. The right to suspend services is in addition to the Co. - , ';' ' .'- • te and/or cancel this Contract. , The County -4-.,,..k,11. ur no penal , -' pense, or ,ility to Contractor if the County suspendslirviee ,:.--',,,-r this Secti 7.5. NoT Contract ctual ep iaries. Exce r s ovided for the benefit of the Parties. this ot intended create any obligation, duty, promise, indemnified, right to be subrogated to the ontraetcniror any other right, in favor of any other person or ntractor shall comply with all federal, state, and local tvis, statutes, If • inanceg, regulations, insurance policy requirements, and uirements 'cable to its activities under this Contract. ses, Contractor shall be responsible for obtaining and maintaining throui .0 , 'term of this Contract all licenses, permits, certificates and govern I authorizations necessary to perform all of its obligations under this Contrac and to conduct business under this Contract. Upon request by the County, Contractor shall furnish copies of any permit, license, certificate or governmental authorizations necessary to provide services under this Contract. 7.8. Discrimination. Contractor shall not discriminate against any employee or applicant for employment because of sex. race, religion, color, national origin, or handicap in violation of State and Federal law. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 2008/05/30 Page 8 OAKLAND= COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND CO-LINTY PURCHASING DIVISION 7.8.1. Contractor shall promptly notify the County of any complaint or charge filed and/or determination by any Court or administrative agency of illegal discrimination by Contractor. 7.8.2. The County, in its discretion, may consider any illegal discrimination described above as a breach of this Contract and may terminate or cancel this Contract immediately with notice. 7.9. Reservation of Rights. This Contract does not, and is intaled to impair, divest, delegate, or contravene any constitutional, statuto , or other legal right, privilege, power, obligation, duty, or immunity a:: e ‘: 7.10. Force Majeure. Notwithstanding any other provisi thi s Contract, neither Party shall be liable to the other fa :,'lure of per cc hereunder if such failure is due to any cause beyond .7 e reasonable control o °arty arid that Party cannot reasonably accommod--; itigate ie effects of ,-tause. Such cause shall include, without limita -'")1 . cts t ;ad, fire, explos,A, vandalism, any law, order, regulation, direction, a•tio ,I.''auest of the Llnited States government or of any oth- !ovemment, natio ergeneies, insurrections, riots, wars, strikes, lockouts, wo • a .ages, or other r. difficulties. Reasonable notice shall be given to the a of any su . The Contractor is expected, through insurance o -mporary rnergency service arrangements, to continue its oi...!atio ,.n contract in the event of a reasonably a 7.ted, insurable' ess as business interruption and/or any insur! •Iq' or loss. 7.11, Confiiiffatainterest.•rsuant to Pu.c Act 317 and 318 of 1968, as amended (NICL 15.321. et no i'2'.tracts shall be red into between the County, including all agencies an. . • any County Agent. To avoid any real or ctor shall identify' any Contractor Employee or mployees who are presently employed by the County. ty notice if there are any County Agents or relatives of sently employed by Contractor. 7.12Wilkamaat Cleanto County Property and/or Premises. Contractor shall be y unexpected and/or unnecessary damage to any County property. its .ses, County Agent that is caused by Contractor or Contractor's Empl damage occurs, Contractor shall make necessary repairs and/or replace to the damaged property to the satisfaction of the County. If the damage cannot be completed to the County's satisfaction, Contractor shall reimburse the County the actual cost for repairing or replacing the damage property. The Contractor shall be responsible for assuring that all County and municipal sites are restored to their original condition. 7.13, Contractor Use of Confidential Information, The Contractor and/or Contractor Employees shall not reproduce, provide, disclose, or give access to Confidential relatN Contract° County Age ave OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 9 REV 2008/0Z,31:1 grOAtaAND.:7 COUNTY MICHIGAN L. BROOKS PAT-JERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION •nn•n111•Mir Information to any third party, or to any Contractor Employee not having a legitimate need to know any such information and data, and shall not use the Confidential Information for any purpose other than performing its services under this Contract. Notwithstanding the foregoing, Contractor may disclose the Confidential Information if required by law, statute or other legal process: provided that Contractor (i) gives County prompt written notice of a impending disclosure, (ii) provides reasonable assistance to County in opposinl ,.-i, iting the disclosure, and (iii) makes only such disclosure as is compelled P, -quire 7,13.1. This Contract imposes no obligation up , °- o•- or with respect to any Confidential Information which Co tra's ,ir can - 'sh by legally sufficient evidence: (i) was in the„ott.z..: ss on of or ,11 own by Contractor, prior to its receipt Pj thelounty, witho ',-.T„,pbligation to maintain its confidentiality; is obtained by Contrac71,,,, s a third• party having the right to disc t with obligation to -p such information confidential. 7.13.2. As used in this C: Confidential ation means all information that the County is -c -d or permitted 2:w to keep confidential. t Contractor Use of County Lifr s- , are. In ors r;. the Contractor to perform pe• Contractor or Contractor SOTRIOreensed to the County, `shall not: transfer, remove, use, copy, or y such copyrighted Software or nay, for any purpose, without the prior icensor. Furthermore, neither the all produce a source listing, decompile, ise rev—eiNFngineer any copyrighted Software. Neither the r Employee shall use any copyrighted software contrary to le Software license agreement or state or federal law, part of this Contract is supported or paid for with any e or federal Npds granted to the County, the Contractor shall comply with all ble graquirements. 7.16. ProietWanafirs. Each Party shall designate an employee or agent to act as a Project'N-pager, The Project Managers shall serve as a contact point for all matters related to the services to be performed under this Contract. The Contractor's Project Manager shall coordinate with the County's Project Manager, the Contractor shall provide the name and qualifications of its Project Manager and an alternate. 7.17. Contract Administrator. Each Party may designate an employee or agent to act as Contract Administrator, The County's Contract Administrator shall be responsible for such activities as monitoring deliverables and funding addressing the quality of services provided by the Contractor, reviewing invoices and submitting requests to 7.14. Contractor Use of County Li its services under this Contrac cess certain cop tor Employ ake availab ther person unty and/or Employees to Contractor a otherwi - • Mr° Docunl- written coati Cpritractor no rd ; C REV 2008/05/3D OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 10 le0A1(LAND7-- COUNTY MICHIGAN L. BROOKS PATTERSON-COUNFY EXECU1WE OAKLAND COUNTY PURCHASING DIVISION 7.20. Audit. Contractor shall al auditor hired by the Conn authority to access all pertin throughout the term of this Cd payment. 7.20.1 C '1 contract an Capra of the hall explain audit firg, questionable costs, or other liance defi ncies to the County within thirty (30) business ing the draft it eport Contractor's written response shall sary docum and information that refute the draft audit resolve the audit findings. A copy of the resporaVirl be included in the final report. Failure by the spond in writing within 30 business days shall be deemed 'aft audit report, and will be noted in the final report. 'Assignment Contractor shall not delegate, assign, or ligations or rights under this Contract without the prior written nty. the County's A form contract and intervie a period Division, or an independent iance audits with the ontractor Employee hree years after final the County's procurement authority for any contract modification in accordance with Section 7,27 of this Contract. 7.18. Dispute Resolution, All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Contract involving or affecting the Parties may first be submitted to the respective Project Managers and Contract Administrators for possible resolution. The Proj Administrators may promptly meet and confer in an e the Project Managers cannot resolve the dispute in may be submitted to the signatories of this Cont The signatories of this Contract may meet pro such dispute. Managers and Contract solve such dispute. If business days, the dispute successors in office, in an effort to resolve 7.19. Access and Records. Contractor will connection with the services provid after end of this Contract, and prove book and records. thin accurate books ards in er this kritract for thi 6) months reasonable ac s to such 7.211 —ghts and obligations under this Contract shall not be diminished in manner by assignment, delegation or subcontract. 7.21.2. Any assignment, delegation, or subcontract by Contractor and approved by the County. must include a requirement that the assignee. delegee, or subcontractor will comply with the rights and obligations contained in this Contract. 7.21.3. The Contractor shall remain primarily liable for all work performed by any subcontractors. Contractor shall remain liable to the County for any REV 2008/05130 OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 11 OAKLAND; COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION obligations under the Contract not completely performed by any Contractor delegee or subcontractor. 7.21.4. Should a Subcontractor fail to provide the established level of service and response, the Contractor shall contract with another agency for these services in a timely manner. Any additional costs associated with securing a competent subcontractor shall be the sole resporgibility of the Contractor. 7.21.5. This Contract cannot be sold. 7.21.6. In the event that a Petition in Bankruptcy ..4 and there is an assignment of this Contract by a Court, the Countyt - this Contract null and void. F,crelltSg 7.22. Non Exclusive Contract. No provision i in any way the Contractor's right to o public, other business entities, mun after the term of this Contract. Similarl and the County may freely engage other p Contractor performs. Exe- tt as provided in construed to guarantee the •: tor or any fixed or certain number or q • ours or Co intended to limit, c general ring or ,e agreement tiact limits', d provide its service ernmental age is a non-excl perform the same work that the ntract, this Contract shall not be Co " or Employee any number of or serv “",7 • 6e rendered to the County. 7.23. No Implied Waiver. Absent al pursue or enforce any right or re those rights , d to any e waiver o v te dition_ o othe waiver of Party shall s dition, or re instances, dition, or pro o act, lure. or delay by a Party to tract shall constitute a waiver of g or substr'ent breach of this Contract. No yision of is Contract, whether by conduct or all be deemed or construed as a continuing 4 n of this Contract. No waiver by either to require strict performance of this Contract. provisiO' is provision and provision ' above if Ck.. . "t illegal or a:wto. of comp—ernt jurisdiction finds a term, condition, or to be illegal or invalid, then the term, condition, or vered from this Contract. All other terms, conditions, this Ctract shall remain in full force and effect. Notwithstanding ctor's promise to indemnify or hold the County harmless is valid. Contractor shall contribute the maximum it is permitted to d the payment and satisfaction of any Claims against the County. COM e dee 7.25. Ca ttio -1, ' e section and subsection numbers, captions, and any index to such sections d subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this contract. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this contract shall be deemed the appropriate plurality, gender or possession as the context requires. OAKLAND COUNTY DSPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 12 REV 200E1/05/30 grOAKIANDY- COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 7.26. Notices. Notices given under this Contract shall be in writing and shall either 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 when one of the following 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. , 7.26.1. If notice is sent to the Contractor, it shall be esseie to the address stated on the first page of this Contract. 7.26.2. If notice is sent to the County, it sh bFkddress Administrator stated on the sign e'of this C the Contract t. ress or itdividual to whi of thenge, ci a 'or t 7.26.3. Either Party may change the, notifying the other party in 7.27. Contract Modifications or Amendment. recessions, waivers, or releases to this Contri both Parties. Unless otherIbmgreed, the moth waiver, or release shall be si and by the same person who Agent as authorized by the 0 tice is sent by ifleations, amendments, St be in writing and agreed to by on, amendment, recession, Contractor Employee aunty or other County ofiCommissioners. n expressly tract fi 7.28. Precedence 4110kurnents. In tha-.., nt of a co ct between the terms and conditio_.17' an ,'',0! - document „,omprising' this s Contract, the conflict shall be resolv 7.28.1. Th preva er itions cot ined in this main Contract document shall over any allegedly conflicting provisions in all . This Contract shall be governed, in "v,-,) eted, anforced by the laws of the State of Michigan. Except as therwise req sf by la or court rule any action brought to enforce, interpret, or kide any Cla 'arising under or related to this Contract shall be brought in the cult Court of the State of Michigan, the 50th District Court of the State tjp; 4ic an or the United States District Court for the Eastern District of Michig -louthem Division, as dictated by the applicable jurisdiction of the court. Except otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgement obtained in such forum or taking action under this Contract to enforce such judgement in any appropriate jurisdiction. 7.30. Entire Contract. This Contract represents the entire Contract and understanding between the Parties. This Contract supercedes all other prior oral or written understandings, communications, agreements or Contracts between the Parties. The REV 2008/05130 OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 13 COAMAND7 COUNTY MICHIGAN BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 731. Assignment of Rights. In consideration for the work Contractor performs under this Contract, and the fees paid to Contractor for services. Contractor agrees to the following: 7.31.1. Contractor shall have no copyright, patent, tra in County Intellectual Property. 7.31.2. Any and all programs, inventions and by Contractor while performing se created for and owned exclusivel 7.31.3. Contractor assigns to Coon Property, which Contract conceive, either solely or jointl premises (1) while providing servi time, materials orvfacilities of the Co or trade secret rights rights a ode or o Cou hty. d interest in C.T „rjl, Int -Ilectual ceived, or may and ither on or o r ounty County, or (2) with the use of the authorship developed works made for hire, 7.31.4. Contractor shall si nts, copyrights or ers necessa trademark registratiolk to"to Coun 7.32. Confidential Information. Con 7.32.1. Pe • acqua ellectual kited p ty is devel ng and usitit Proprietary Information and perty that i .aluable to its operations. The County has ies and procc to protect this information. In ligatio under this Contract, Contractor may become prietary Information and Intellectual Property. after the term of this Contract. Contractor shall not disclose County Proprietary Information and Intellectual to Contractor while providing services to County under a. This obligation does not apply to information after it generally known to the public. 7.32.2. -r due to C neor I Pro dIsLJo this .a. beco eeneri 7.3230Conctor shall not disclose any Intellectual Property belonging to a third M, that Contractor learns about by virtue of providing services to the minty. (THIS SPACE INTENTIONALLY LEFT BLANK) OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER REV 2008/05t30 Page 14 BY: DATE: DATE: Jae Oaklá APPROVED AS TO jrig Division PE OF CONTRACTORMIVIUS; BY: DATE: Contract Administrator Department Street Address City, State Zip OAKLAND= COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION The undersigned executes this Contract on behalf of Contractor and the County, and by doing so legally obligates and binds Contractor and the County to the terms and conditions of this Contract. FOR THE CONTRACTOR: appeared in person bet, Contract on behalf of Contractor and acknowledged to has taken all actiArand approvals and authorizations and has the requisite obligate and bind Contractor to the terms and conditio documents incorporated by reference and also acknowle provided with copies and having read ancireviewed all Con incorporated by reference. rnNhis day 1ixecuted this oath that secured any and - essary ontractor to fu ompletely ct and any an , 'A 1 other e under oath having been ocuments including all documents 41% Subscribed and sworn to before me on this ay of `mr 2008. )16tary Public, State of Michigan, County "i5Si011 Expires: the County of Oakland FOR OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 15 REV 2008/05130 nn••••n Aro COUNTY MICHIGAN 4. L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION EXHIBIT SCOPE OF CONTRACTOR'S SERVICES REV 2008/C5/30 OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 16 L. BROOKS PAYIERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION OAKLANDF COUNTY MICHIGAN 1, EXHIBIT II CONTRACTOR INSURANCE REOUIRENIENTS At all times during this Contract, including renewals or extensions, Contractor shall obtain and maintain insurance according to the following specifications: a. Commercial General Liability - with the following as minimum r 53,000,000 — Each Occurrence (Total Limit) Occurrence Form Policy Broad Form Property Damage Premises/Operations Independent Contractors Products and Completed Operations (Blanket) Broad Form Contractual Personal Injury - Delete Contractual Exclusion Additional Insured: The County of Oakland and Co Contract); b. Workers' Compensation - as required gents (as defined in this yer's Liability; c. Automobile Liability, and coverage for all owl required by law;:;;;...,: d. Professional Liabili of $1,0(4909„per clai 2. Gene& Certificate 1,000,mapch occurrence, including vehicles including No Fault coverage as ssions In,ance (as applicable) - with minimum limits ars aggregate, a: A]] Certificates of Instace shaKontain evidence of the following conditions and/or clauses and shine sent to Th ,wounty of Oakland and County Agents. Oakland County Purchasing Division, 210$Y Pontiac Lake Road, Bldg 41W, Waterford, MI 48328-0462 or fax t.. 248-858-1677 b. The County of Cialeland and County Agents (as defined in this Contract) shall be named as "General Liabiliiy" Additional Insured with respect to work performed by the Contractor. c. All Certificates are to provide 30 days written notice of material change, cancellation, or non-renewal. Certificates of Insurance or insurance binders must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. Insurance carriers are subject to the approval of Oakland County. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHAS1NG DIVISION PROFESSIONAL SERVICES CONTRACT NUMBER Page 17 REV 201:18/05/34 P • Resolution #09002 January 8, 2009 The Chairperson referred the resolution to the General Government Committee. There were no objections. 711,. +I Resolution #09002 March 5, 2009 The Chairperson referred the resolution to the Finance Committee. There were no objections. a FISCAL NOTE (MISC. #09002) March 26. 2009 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. 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 Oakland County Board of Commissioners authorizes a three (3) year professional services contract at a monthly fee of $5,000 with Public Affairs Associates, Inc. (PAA), as the government relations consulting firrr, unless terminated by the parties. 2. Sufficient funds have been budgeteo for this agreement for Fiscal Year 2009 and FY 2010, therefore, no budget amendment is recommended. FlNANCE COMMITTEE FINANCE COMMITTEE Motion carried on a roll call vote with Zack, coulter, Woodward and Greirael voting no. Resolution #09002 March 26, 2009 Moved by Long supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Long supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Middleton the resolution be amended to coincide with the recommendation in the General Government Report. A sufficient majority naving voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Hatchett, Jacobsen, McGillivray, Middleton, Potter, Potts. Runestad. Bullard, Capello. (10) NAYS: Gosselin, Greimel, Jackson, Long, Nash. Schwartz, Scott, Woodward, Zack, Burns, Coleman, Coulter, Douglas, Gershenson. f14) A sufficient majority not having voted in favor, the resolution (with fiscal note attached), as amended, failed. Resolution #09002 April 23, 2009 Moved by Woodward supported by Jacobsen to reconsider Miscellaneous Resolution #09002 - BOARD OF COMMISSIONERS — PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC. and postpone until the May 21, 2009 Board of Commissioners meeting. AYES: McGillivray, Nash, Potter, Potts, Schwartz, Taub, Woodward, Zack, Bullard, Burns, Capella, Gershenson, Gingell, Hatchett, Jackson, Jacobsen. (16) NAYS: Long, Middleton, Scott, Douglas, Gasselin, Greimel. (6) A sufficient majority having voted in favor, the resolution was postponed until the May 21. 2009 Board of Commissioners meeting for reconsideration. 9' Resolution #09002 May 21, 2009 Moved by Coulter supported by Potter the resolution be postponed untfl the June 11, 2009 Board meeting. Discussion followed. Vote on motion to postpone: AYES: Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott, Taub, Zack, Bullard. Burns, Capella, Coulter, Douglas, Gershenson, Gingell, Gosselin. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was postponed until the June 11, 2009 Board meeting. 1 0 4 Resolution #09002 June 11, 2009 Moved by Potter supported by Coulter the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Coulter the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Potter supported by Coulter the amendment be amended as follows: BE IT FURTHER RESOLVED tnat a Legislative Study Group will be established consisting of two members of the majority party and two members of the minority party,—and—th.e—Beefel—ef Ceremieerieeers' Che' - - - t _ e e --I e . :..e A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Hatchet( Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Taub, Woodward. Bullard, Cabello, Coleman, Coulter. (16) RAYS: Douglas, Gersnenson, Gosselin, Greimei, Long, Schwartz, Scott, Zack, Burns. (9) A sufficient majority having voted in favor, the resoluton (with fiscal note attached), as amended, was adopted. DOES NOT REGIME CONY DIM ACTION 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 Dy the Oakland County Board of Commissioners on June 11, 2009, with the original record thereof now remaining in my office. In Testimony Whereof, have hereunto set my hana and affixed the seal of the County of Oakland at Por tiac, Michigan this 11th day of June, 2009. EANGEL-44Vef-E44414-1-a-FICI-G-1-F€ 4--Reida Gat Ruth Johnson, County Clerk