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.
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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
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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)
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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