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HomeMy WebLinkAboutResolutions - 1987.11.19 - 17918Miscellaneous Resolution 87321 Date November 19, 1987 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - SOUTH OAKLAND SHELTER CONTRACT FOR THE HOMELESS 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, passed the Stewart B. McKinney Homeless Assistance Act, which was signed into law by the President of the United States on July 22, 1987; and WHEREAS Oakland County is entitled to a $56,000 Emergency Shelter Grant (ESG) Program formula allocation from said Act through the United States Department of Housing and Urban Development (HUD); and WHEREAS all requirements for receipt of said funds were satisfied by the County through approval of its Comprehensive Homeless Assistance Plan (CHAP), both by HUD and Oakland County Board of Commissioners Miscellaneous Resolution 87286, and further by submission and approval of an Emergency Shelter Grant Application with supporting documentation; and WHEREAS the receipt of Emergency Shelter Grant Program funds allows the County to contract with subrecipients to provide overnight shelter, shelter furnishings, food, emergency medical services, transportation to overnight shelters, and similar services to the homeless; and WHEREAS the County wishes to enter into the attached Contract with the St. Vincent DePaul Society in the Archdiocese of Detroit, Oakland District Council, the fiduciary for South Oakland Shelter (SOS) as a provider of such homeless services in the County's Community Development Block Grant areas; and WHEREAS this Contract has been reviewed and approved as to form by the Office of Corporation Counsel; and WHEREAS the Oakland County Community Development Citizens Advisory Council recommended approval of this Contract by a roll call vote of 15 to O. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of said Board to execute the attached agreement with St. Vincent DePaul Society in the Archdiocese of Detroit, Oakland District Council, the fiduciary for the South Oakland Shelter (SOS) for the sum of $56,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing Resolution. RICHARD D. KUHN, JR., CHAIRPERSON PUBLIC SERVICES COMMITTEE I 'IEREBY APPROVE Tr: FC7.F.G:.".7.\'::.; :RESOLUTION , I EMERGENCY SHELTER GRANT PROGRAM Contract Between The County of Oakland and The St. Vincent DePaul Society in the Archdiocese of Detroit Oakland District Council Preamble 1.01 This Contract is made on the day of November 1987 between St. Vincent DePaul Society in the Archdiocese of Detroit, Oakland District Council, the fiduciary for the South Oakland Shelter (SOS) which is a network of churches (Attachment A) providing the Homeless Shelter service, hereinafter designated as "SOS", having its principal office at 16888 Greenfield Road, Detroit, Michigan 48235, 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 a letter of credit 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 1987 to 1988, and any such period(s) as "SOS" 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). 2.02 The program's primary objectives are: a) The provision of essential services to the homeless, including health, drug abuse or education. These costs are limited to fifteen (15) percent of the total amount of grant assistance available. 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 and food for homeless shelter clients. Furnishings include beds, mattresses, blankets and other sleeping equipment, clothing and other expenses categorized in Attachment B. 2.03 In consideration of mutual promises and covenants contained herein, the County and SOS agree as follows: Responsibilities of The St. Vincent DePaul Society/SOS 3.01 SOS shall provide emergency shelter services to the homeless including but not limited to: Overnight shelter accommodation, meals, clothing; counseling or other services concerned with employment, drug abuse or education as set forth in Section 2.02 above. 3.02 SOS shall submit Reimbursement Requests along with supporting documentation, work progress reports and financial reports on a monthly basis. 3.03 SOS 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 The County shall, in consideration of services rendered to the homeless by SOS, pay SOS a total sum not to exceed $56,000. 4.02 The County shall reimburse SOS upon receipt of a Reimbursement Request from SOS as specified in Section 3.02. 4.03 The County through reimbursement to SOS, will cover all items in cost categories listed in Attachment B. Reporting 5.01 SOS shall comply with any additional reporting requirements to be specified by the County. Compliance 6.01 SOS shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Prohibition of Discrimination 7.01 The 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, Section 209. The 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 his handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The 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. SOS shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. -2- Prohibition of Political Activity_ 8.01 None of the funds, materials, property or services contributed by the County to SOS 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. General Provisions 10.01 Merger or Integration. This Contract constitutes the entire Contract between the County and the SOS with respect to the subject matter hereof and there are no other or further written or oral understanding or agreements with respect hereto. 10.02 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. 10.03 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 SOS shall be addressed to it at 16888 Greenfield Road, Detroit, Michigan 48235, and notices to the County shall be addressed to it cio the Office of Community Development, Executive Office Building, Room 112, 1200 North Telegraph Road, City of Pontiac, State of Michigan 48053. 10.04 Indemnification. a) SOS 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 SOS. b) The County shall indemnify, defend and hold harmless SOS against any and all expense and liability arising against SOS resulting from any act, omission or negligence of the County. c) In the event SOS becomes involved in or is threatened with litigation' relative to this contract and project, SOS shall immediately notify the County and the County may enter into such litigation to protect the interest of the County as they may appear. 10.05 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 -3-- 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. 10.06 Independent Contractor Provision. The relationship of SOS 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 SOS an agent or employee of the County. 10.07 Disputes. SOS 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 SOS 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, SOS, at the request of the County must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. Attachments 11.01 The following attachments are incorporated by reference and become a part of this Contract. a) List of churches currently providing shelter under the SOS program. b) Budget - Eligible Operation and Maintenance Costs of a Shelter. IN WITNESS THEREOF, the St. Vincent DePaul Society in the Archdiocese of Detroit, Oakland District Council, the fiduciary for South Oakland Shelter (SOS) and the County of Oakland have executed this Contract as of the date first written above. ST. VINCENT DePAUL SOCIETY COUNTY OF OAKLAND IN THE ARCHDIOCESE OF DETROIT STATE OF MICHIGAN OAKLAND DISTRICT COUNCIL By: By: Position: Position: Date: Date: Attest: Attest: Date: Date: mtb(10/27/87) -4- 19th day of November 19 87 • ALLEN -Clerk/Register of Deeds Coun November 19, 1987 RESOLUTION NO. 87321 Moved by Richard Kuhn supported by Susan Kuhn the resolution be adopted. AYES: S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Hobart, Jensen. R. Kuhn. (19) NAYS: None. (0) 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 and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on Novmeber 19, 1987 with the orginial 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 this