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HomeMy WebLinkAboutResolutions - 1981.03.05 - 15177March 5, 1981 81065 Miscellaneous Resolution BY: PUBLIC SERVICES COMMITTEE RE: COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH TRY, INC, OF HAZEL PARK FOR HOUSING REHABILITATION 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 corporation to advance block grant funds for rehabilitation of substandard houses in the City of Hazel Park since August 9, 1979, and, WHEREAS, six houses have been acquired and rehabilitated under this contract which expired December 31, 1980 and, WHEREAS, it is desirable to continue this arrangement for calendar year 1981, but only to use funding acquired from the sale of the completed house and, NOW .THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners does hereby approve the attached contract expiring December 31, 1981, Mr. Chairperson, on behalf of the Public Services Committee, I move the ion of the foregoing resolution. AGREE'ENT CITY OF HAZEL PARK SCHT7J- DISTRICT on behalf of Training Responsible Youth — aMichigan not for profit corporation 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 September 24, 1979 between the City of Hazel Park School District on behalf of TRY, Inc., thereafter designated the "Agency" located at 23136 Hughes, Hazel Park, Michigan and the County of Oakland Community Develop- ment Division, hereafter designated the "County" located at 1200 North Telegraph Road, Pontiac, Michigan, is made in support of a Construction Trades Trainee Program under the Comprehensive Employment and Training Act (CETA). SECTION I. The purpose of this agreement together with the activities and understandings related hereto are to complement an agreement entered into between the County and TRY, Inc. (a not for profit Michigan corporation) to provide building trades training and practical 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 II. 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, folloio 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 proving ownership. • 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 TRY AGREEMENT Page Two District and the project. These bills will be processed, after audit, for payment by a two party check made payable to the City of Hazel Park School District and the vendor. The County will deliver the same to the authorized representative of TRY, Inc. E. The Agency agrees to cause the checks to be paid to the vendor of supplies and materials as full settlement of the debt after endorsement by the appropriate officer(s) of the School District. F. The Agency agrees to keep separate detailed records to accurately identify the expenditures made on each housing unit acquired. G. 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. H. The Agency agrees to immediately reimburse the County for all of the expenditures of Couimunity Development Block Grant Funds from the proceeds of the sale of each house as soon as the sale is closed and the proceeds received. I. 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 make the payments by two party check in part D above. D. 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. TRY AC,RFT74.ENT Page Three. 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, instruction 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,. -19131 and shall be in force during the period commencing on the effective date and ending December 31, 1981, 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 this Agree- ment 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 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 contingency fee. by its TRY AGREEMENT Page Four 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 provision of this agreement, nor shall any provision herein be construed as making any employee of the Agency as agent or employee of the County. CITY OF HAZEL PARK SCHOOL DISTRICT Signature by Name its Title TRY, Inc. Signature by Name its Title COUNTY OF OAKLAND Signature Richard Wilcox Chairman, :Oakland,COunty:Board Of Commissioners rc Moved by Lanni supported by Cagney the resolution be ptecl. 4 81069 il March 5, 1981 AYES: Price, Wilcox, Aaron, Caddell, Cagney, 7iovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper, LaNH, Moffitt, Montante, Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick. (/4) NAYS: None. (0) A sufficient majority having voted therefor, the resolution vas adopted, STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution 1181069 adopted by the Oakland County Board of Commissioners at their meeting .held on March 5, 1981 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan r.1 ...day of . • .i.Vr..11•••••• • • 19• L.': • Lynn D. Allen......................Clerk Clerk