HomeMy WebLinkAboutResolutions - 1990.06.28 - 10522
MISCELLANEOUS RESOLUTION 90160 DATE June
28, 1990
BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON
IN RE: COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT - COMMUNITY DEVELOPMENT DIVISION - SHELTER
CONTRACTS WITH SOUTH OAKLAND SHELTER (SOS), BALDWIN AVENUE HUMAN SERVICES CENTER, HELP AGAINST
VIOLENT ENCOUNTERS NOW (HAVEN), AND PONTIAC AREA TRANSITIONAL HOUSING (PATH)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS, homelessness is a serious and growing national, state, and local problem; and
WHEREAS, the Congress of the United States, recognizing this problem, has passed both the
Stewart B. McKinney Homeless Assistance Act (Public Law 100-77 approved July 22, 1987) and
the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-628, approved
November 7, 1988); and WHEREAS, the U.S. Department of Housing and Urban Development awarded
Oakland County an $83,000 Emergency Shelter Grant Program formula allocation for the 1990
program year on March 7, 1990, to be allocated within 180 days of receipt; and WHEREAS, the
receipt of ESG Program funds allows the County to contract with subrecipients to provide
overnight shelter, shelter furnishings, food, emergency medical services, transportation to
overnight shelters, homeless prevention activities, and similar services to the homeless;
and WHEREAS, four shelters in Oakland County: South Oakland Shelter (SOS), Baldwin Avenue
Human Services Center, Help Against Violent Encounters Now (HAVEN), and Pontiac Area
Transitional Housing (PATH), have applied for 1990 Emergency Shelter Grant funds; and WHEREAS,
each of these shelters have a demonstrated need for funding; and WHEREAS, the county wishes
to enter into contracts with each of these four shelters to provide them with 1990 Emergency
Shelter Grant funds in the following amounts: SOS ($53,000), Baldwin ($10,000), HAVEN ($10,000),
and PATH ($10,000) (see attached contracts), and
WHEREAS, the Oakland County Community Development Citizens Advisory Council has unanimously
approved the above funding amounts by a roll call vote of 9-0, and WHEREAS, the contracts have
been approved by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the
Chairperson of the Oakland County Board of Commissioners be authorized to execute the attached
agreements with South Oakland Shelter, Baldwin Avenue Human Servies Center, HAVEN, and PATH
for the combined sum of s83,000. Mr. Chairperson, on behalf of the Public Services Committee,
I move the adoption of the foregoing resolution.
RICHARD D. KUHN, JR., CHAIRPERSON
AND
SOUTH OAKLAND SHELTER (SOS)
Preamble
1.01 This contract is made on the 1st day of July 1990 between South Oakland Shelter (SOS),
hereinafter designated as the "Shelter," having its principal office at 431 North Main Street,
Royal Oak, Michigan 48067 and the County of Oakland, Office of Community Development,
hereinafter designated as the "County," having its principal office at 1200 North Telegraph
Road, Pontiac, Michigan, 48053.
1.02 The funding for this contract is based on Letter of Credit No.8600C339 Amendment 8 dated
April 24, 1990 for the sum of $83,000 that the County has received for its entitlement of
Emergency Shelter Grant (ESG) funds from the U.S. Department of Housing and Urban Development
(HUD).
1.03 The effective dates of this contract shall be from July 1, 1990 to June 30,
1991, and any such period(s) as the Shelter and the County shall agree.
Purpose
2.01 The purpose of this Contract is to provide emergency shelter services to the homeless
pursuant to and within the parameters of the Stewart B. McKinney Homeless Assistance Act (Public
Law 100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public
Law 100-628).
2.02 m e program's primary objectives are: a) a) e provision of essential services to the
homeless, including health, drug abuse, education or food. b) Maintenance and operation of
homeless shelters (but not salaries of operating staff); the provision of insurance, utilities
and salary of shelter maintenance staff.
c) The provision of furnishings for homeless shelter clients. Furnishings include beds,
mattresses, blankets and other sleeping equipment, clothing
and other similar expenses. d) Homeless prevention activities, when
(1) m e inability of the family to make the required payments is due to a sudden
reduction in income;
(2) The assistance is necessary to avoid eviction of the family or termination
of services to the family;
(3) m There is a reasonable prospect that the family will be able to resume payments
within a reasonable period of time; and
(4) The assistance does not supplant funding for preexisting homeless prevention
activities from any other sources.
m e total amount spent on categories (a) and (d) may not exceed twenty (20) percent of
grant assistance available.
2.03 In consideration of mutual promises and covenants contained herein, the County and the
Shelter agree as follows:
Responsibilities of the Shelter
3.01 The Shelter shall carry specific activities with ESG funds as listed above.
3.02 m e Shelter shall submit Reimbursement Requests along with supporting documentation, work
progress reports and financial reports on a monthly basis. 3.03 m e Shelter shall provide an
Evaluation Report to the County at the completion of the term of this contract. The report shall
contain a census of clients served with counts of male, female, minority, senior and minor clients
served and a statement of the effectiveness of Emergency Shelter Grant funds in providing
services, supplies and shelter to the homeless.
Responsibilities of the County
4.01 m e County shall, in consideration of services rendered to the homeless by the Shelter,
pay the Shelter a total sum not to exceed S53,000.
4.02 m e County shall reimburse the Shelter upon receipt of a Reimbursement Request from the
Shelter as specified in Section 3.02.
4.03 The County through reimbursement to the Shelter will cover all items in cost categories
listed in Section 3.01.
Reporting
5.01 m e Shelter shall comply with any additional reporting requirements to be specified by
the County.
Compliance
6.01 m e Shelter shall comply with all applicable laws, ordinances, codes and regulations of
the federal, state and local governments.
Prohibition of Discrimination
7.01 m e parties shall not discriminate against any employee or applicant for employment with
respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly
or indirectly related to employment, because of race, color, religion, national origin, age,
sex, height, weight, or marital status pursuant to 1976 P.A. 453, & ction 209. m e parties shall
also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220
and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no
employee or client or otherwise qualified handicapped individual shall, solely by reason of
handicap, be excluded from participation, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance. m e parties
shall comply with all other federal, state or local laws, regulations, and standards, and any
amendments thereto as they may apply to the performance of this Contract.
7.02 No person shall, on the grounds of race, creed, color, sex, age, national origin, height,
weight, handicap, or marital status be excluded from participation in, be denied the proceeds
of, or be subject to discrimination in the performance of this Contract. The Shelter shall comply
with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964.
Prohibition of Political Activity
8.01 None of the funds, materials, property or services contributed by the County to the Shelter
under this Contract shall be used in the performance of this Contract for any partisan political
activity, or to further the election or defeat of any candidate for public office.
Prohibition of Religious Activity
9.01 There shall be no religious worship, instruction or proselytization as part of, or in
connection with the performance of this Contract.
Assurance of Drug and Alcohol Free Facilities
10.01 m e Shelter will administer, in good faith, a policy designed to ensure that the Shelter
is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries.
General Provisions
11.01 Merger or Integration. This Contract constitutes the entire Contract between the County
and the Shelter with respect to the subject matter hereof and there are no other or further
written or oral understandings or agreements with respect hereto.
11.02 Assignment or Delegation. No assignment or delegation of this Contract may be made,
in whole or in part, without the written consent of the County being first obtained.
11.03 Termination. Either party may at any time during the life of this Contract or any extension
thereof terminate this Contract by giving thirty (30) days notice. Notices to the Shelter shall
be addressed to it at 431 North Main Street, Royal Oak, Michigan 48067, and notices to the County
shall be addressed to it c/o the Office of Community Development, Executive Office Building,
Room 112, 1200 North Telegraph Road, Pontiac, Michigan 48053.
11.04 Indemnification. a) m e Shelter shall indemnify, defend and hold harmless the County against
any and all expense and liability arising against the County resulting from any act, omission
or negligence of the Shelter.
b) m e County shall indemnify, defend and hold harmless the Shelter against any and
all expense and liability arising against the Shelter resulting from any act, omission
or negligence of the County. c) In the event the Shelter becomes involved in or is
threatened with litigation relative to this contract and project, the Shelter shall
immediately notify the County and the County may enter into such litigation to protect
the interest of the County as they may appear.
11.05 Insurance. The parties hereto shall maintain during the term of this Contract on behalf
of all of their employees performing any of the activities hereunder the following insurance,
where applicable.
a) Worker's Compensation insurance for employees which meets Michigan's statutory
requirements and Employer's Liability insurance with minimum limits of $100,000 each
accident. b) Shall maintain a comprehensive General Liability Policy in the minimum
amount of $500,000 per occurrence combined single limit. This policy shall provide
coverage for premises, operations, products and completed operations, contractual,
independent contractors, broad form property damage and personal injury occurrence,
combined single limit coverage, including all owned vehicles, both private passenger
and other than private passenger, hired autos and non-owned autos. All of the above
requirements will be evidenced by a Certificate of Insurance granting no less than
thirty (30) days notice of cancellation.
11.06 Independent Contractor Provision. The relationship of the Shelter to the County shall
be that of an independent contractor. No partnership, association, or joint enterprise shall
arise between the parties hereto as a result of any provision of this Contract nor shall any
provision herein be construed as making an employee of the Shelter an agent or employee of
the County.
11.07 Disputes. m e Shelter shall notify the County in writing of its intent to pursue a claim
against the County for breach of any terms of this Contract.
No suit may be commenced by the Shelter for breach of this Contract prior to the
expiration of ninety (90) days from the date of such notification.
Within this ninety (90) day period, the Shelter, at the request of the County, must
meet with an appointed representative of the County for the purpose of attempting to
resolve the dispute.
IN WITNESS THEREOF, South Oakland Shelter (SOS) and the County of Oakland have executed
this contract as to the date first written above.
COUNTY OF OAKLAND
STATE OF MICHIGAN
BY: BY:
POSITION: POSITION:
DATE: DATE:
ATTEST: ATTEST:
DATE: DATE:
KJF(7/88) 11/2spc rev. 5/90
This Page Missing..... Refer To Original
Resolution # 90160 June 28, l990
Moved by Richard Kuhn supported by Johnson the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf,
Aaron, Bishop, Caddell,(Crake), Gosling. (21)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy.of a resolution adopted by the Oakland County
Board of Commissioners on June 28, l990 with the original record thereof
now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 28th day of June 19 90
Lynn D. Allen, County Clerk