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HomeMy WebLinkAboutResolutions - 1983.03.16 - 11621March 17, 1983 Miscellaneous Resolution 83072 BY: PUBLIC SERVICES COMMITTEE RE: COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH TRY, INC. OF HAZEL PARK FOR HOUSING REHABILITATION AND TRAINING OF RESPONSIBLE YOUTH TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County through the Community Development Division has had a program with TRY, Inc. (Training Responsible Youth) a Michigan not for profit corporation under the direction of the School District of the City of Hazel Park, to advance block grant funds for rehabilitation of substandard houses in the City of Hazel Park since August 9, 1979; and WHEREAS, seven houses have been acquired and rehabilitated under this con- tract which expired December 31, 1982; and WHEREAS, there are two houses remaining unsold and no additional housing units will be funded with Community Development Block Grant funds without renegotiation of this agreement. NOW, THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners does hereby approve the attached contract expiring December 31, 1983. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. AGREEMENT BETWEEN CITY OF HAZEL PARK SCHOOL DISTRICT on behalf of Training Responsible Youth, Inc. a Michigan corporation not for profit also known as TRY, Inc. and THE COUNTY OF OAKLAND, MICHIGAN through the Community Development Division of the Department of Public Works This agreement effective January 1, 1983 between the City of Hazel Park School District on behalf of TRY, Inc., thereafter designated the "Agency" located at 23136 Hughes Avenue, Hazel Park, Michigan and the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan, is made in support of a Construction Trades Trainee Program under the Comprehensive Employment and Training Act and Hazel Park Adult Education. SECTION T. The purpose of this agreement together with the activities related hereto are to complement understandings entered into between the County and TRY, Inc., (a not for profit Michigan corporation) to provide building trades training and prac- tical on-site construction work experience on existing vacant homes owned by either the City of Hazel Park School District, the City of Hazel Park, or TRY, Inc. The objectives of the combined effort are: 1. To improve the quality of housing in Hazel Park through remodeling or repair of existing homes or improving the appearance of the neighborhood through renovation or demolition of substandard homes. 2. To train unskilled persons in the building construction trades. 3. To increase energy efficiency of existing homes. 4. To provide employment training opportunities for disadvantaged persons. SECTION TT. AGENCY RESPONSIBILITIES: A. The Agency will rehabilitate, move, or demolish houses acquired either by City of Hazel Park School District, by the City of Hazel Park or by TRY, Inc. using workers trained under the County of Oakland CETA Program. B. The Agency agrees that it will purchase and account for all materials used in rehabilitation of the houses and let all contracts for contracted work, following standard guidelines of the Community Development Division for purchasing. C. That it will submit a budget request for each unit together with a copy of document providing ownership. In addition, no additional housing units will be funded with Community Development Block Grant funds without renegotiation of this agreement. D. That it will submit properly authenticated bills to the County Community Development Division and certify that the same are valid claims against the School District and the project. These bills will be processed, after audit, for payment by a check made payable to the City of Hazel Park School District. E. The Agency agrees to keep separate detailed records to accurately identify the expenditures made on each housing unit acquired. F. The Agency is expected to arrange for the prompt sale of the completed housing unit to a family in need of housing accommodations at a reasonable price to be financed in a standard manner for housing sales. G. The Agency agrees to immediately reimburse the County for all of the expen- ditures of Community Development Block Grant Funds from the proceeds of the sale of each house as soon as the sale is closed and the proceeds received. If sale is by . land contract Agency agrees to submit detailed report of sale within fifteen (15) days of closing and submit a schedule of when reimbursement payments will be made to County. H. The Agency to save County and Federal Government harmless from any claims for non-payment of bills--mechanics liens, liability for accidents and injury of any other sort arising out of the ownership or remodeling of any of the structures or failure of any part of the structure or its workmanship. SECTION III. COUNTY RESPONSIBILITIES: A. The Community Development Division will act as the construction loan banker for each housing rehabilitation project--advancing funds to pay suppliers and sub- contractors and being paid from the proceeds at time of sale. B. The County will pay for billings submitted under Section II. D up to amount of funds available from proceeds received from sale of completed houses. C. The County will require written approval from the City Manager of City of Hazel Park of each housing unit selected for remodeling. SECTION IV. GENERAL A. The Agency shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. B. Discrimination Prohibited: No person shall, on the grounds of race, creed, color, sex, age or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Agreement. The Agency shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. C. Political Activity Prohibited: None of the funds, materials, property or services contributed by the Agency and/or the County under this Agreement shall be used in the performance of this Agreement for any partisan, political activity, or to further the election or defeat of any candidate for public office. D. Religious Activity Prohibited: There shall be no religious worship, in- struction or proselytization as part of, or in connection with, the performance of this Agreement. E. Modification: This Agreement constitutes the entire Agreement between the Agency and the County with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. No variation or modification of this Agreement, and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of the Agency and the County. F. Assignment or Delegation: No assignment or delegation of this Agreement may be made, in whole or in part, without the written consent of the County being first obtained, except for the Agency's sub-contracting for services as provided in Section II (B). G. Term of Agreement: This Agreement shall be effective as of January 1, 1983 and shall be in force during the period commencing on the effective date and ending December 31, 1983, and during such additional period or periods as the Agency and the County may agree upon. H. Termination: Either party may at any time during the life of the Agreement or any extension thereof tetminate this Agreement by giving thirty (30) days notice in writing to the other party of its intention to do so. I. Indemnification: The Agency agrees that it shall defend, indemnify and save harmless the County from any and all liability and any and all claims, suits, actions, damages, consisting of every name and description resulting from any act, omission or negligence of, or chargeable to the Agency or any employee thereof arising under and pursuant to this Agreement, and indemnification shall not be limited by reason of any insurance coverage. J. CONTINGENCY FEES: The Agency warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this Agreement upon an understanding for a commission, percentage, brokerage, or con- tingency fee. K. Independent Contractor Provision: The relationship of the Agency to 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 pro- vision of this agreement, nor shall any provision herein be construed as making any -3- to further the election or defeat of any candidate for public office. D. Religious Activity Prohibited: There shall be no religious worship, in- struction or proselytization as part of, or in connection with, the performance of this Agreement. E. Modification: This Agreement constitutes the entire Agreement between the Agency and the County with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. No variation or modification of this Agreement, and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of the Agency and the County. F. Assignment or Delegation: No assignment or delegation of this Agreement may be made, in whole or in part, without the written consent of the County being first obtained, except for the Agency's sub-contracting for services as provided in Section II (B). G. Term of Agreement: This Agreement shall be effective as of January 1, 1983 and shall be in force during the period commencing on the effective date and ending December 31, 1983, and during such additional period or periods as the Agency and the County may agree upon. H. Termination: Either party may at any time during the life of the Agreement or any extension thereof terminate this Agreement by giving .thirty (30) days notice in writing to the other party of its intention to do so. I. Indemnification: The Agency agrees that it shall defend, indemnify and save harmless the County from any and all liability and any and all claims, suits, actions, damages, consisting of every name and description resulting from any act, omission or negligence of, or chargeable to the Agency or any employee thereof . arising under and pursuant to this Agreement, and indemnification shall not be limited by reason of any insurance coverage. J. CONTINGENCY FEES: The Agency warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this Agreement upon an understanding for a commission, percentage, brokerage, or con- tingency fee. K. Independent Contractor Provision: The relationship of the Agency to 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 pro- vision of this agreement, nor shall any provision herein be construed as making any -3- By Its By Its By Its employee of the Agency as agent or employee of the County. CITY OF HAZEL PARK SCHOOL DISTRICT Signature Name Title TRY, Inc. Signature Name Title COUNTY OF OAKLAND Signature Richard Wilcox Chairman, Oakland County Board of Commissioners #83072 March 17, 1583 19 r• ;•,:glster of D. LYNN/1). ALLEN, County , 17th day of March this Moved by Lanni supported by Richard Kuhn the resolution be adopted. AYES: Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Page, Pernick, Price, Rewold, Wilcox, Aaron, Calandro, Doyon. (21) NAYS: Nelson. (1) 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 zw .J ',1111 17 a sel, do hereby certify that I have compared the annexed copy of • Miscellaneous Resolution # 83072 adopted by the Oakland County Boa rd -F at thei meeting held on March 17, 1983 with the original record thereof now remaining in mv 'nd that it is a true and correct transcript therefrom, or "l e whole thereof. In Testimony Whereof, 1 have hereunto set my hand an d the seal of said County at Pontiac, Michigan