HomeMy WebLinkAboutResolutions - 1990.08.30 - 18081REPORT August 9, 1990
BY: PUBLIC SERVICES COMMITTEE-
Richard D. Kuhn, Jr., Chairperson
RE: Miscellaneous Resolution #90165, Residential Community
Development Corporation Oversight-Contract with United Way of
Oaldand
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adapted with the attached amendments to the contract.
Mr. Chairperson, on behalf of the Public Services Committee, I
move the acceptance of the foregoing report.
H 4 .
PUBLIC V10E COMi(IPTEE
Miscellaneous Resolution # 90165 June 28, 1990
BY: Hubert Price, Jr.. County Commissioner, District #8
Nancy McConnell, County Commissioner, District #23
James D. Ferrens, County Commissioner, District #7
RE: RESIDENTIAL COMMUNITY DEVELOPMENT CORPORATION OVERSIGHT-CONTRACT
WITH UNITED WAY OF OAKLAND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the condition of housing stock is a reflection of the well-being of
a county; and
WHEREAS the maintenance of property values is important to the individual
owner and the governmental jurisdictions that derive revenue based on property
values; and
WHEREAS certain communities in the county have housing stock that is
aging; and
WHEREAS it has been found that the residential community developments
corporations (CDC's) at the "neighborhood" level can be effective in rejuvenating
areas that are threatened by deterioration; and
WHEREAS the purpose of the Housing Collaborative Program of the United
Way of Oakland promotes the development of residential CDC's and provides
technical support and administrative oversight to existing CDC's; and
WHEREAS it would be more cost efficient to contract for services from the
United Way of Oakland to promote and strengten residential CDC's than carry on
this activity on its own.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves entering into the attached contract with the United Way of
Oakland for the services outlined in that contract for the sum of $50,543.
I RIP;IEBY APRRO FORT-GOING RESOLUTION
aniel T. Murahy, Cotinti Ex
, Residential Community Development CorporatiOn
Oversight-Page 2
BE IT FURTHER RESOLVED that United Way of Oakland report to the Public
Services Committee of the Board of Commissioners in the month of October, 1991
on the following data:
1. The number of residential CDC's in the County by city, village and
township.
2. The number of such CDC's under the oversight of the Housing
Collaborative Program.
3. The amount of money by source that was expended by CDC's for
maintenance, rehabilitation and other neighborhood improvements
during the period of September, 1990 through August 31, 1991.
4. The actual number of houses that were impacted through those
expenditures by type of expenditure.
5. A projection for the spread of the residential CDC concept for the
period of September 1, 1991 through August 31, 1992 and the
financial resources that may be available to maintain this movement.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County is
hereby authorized to sign said contract.
Mr. Chairperson, we move the adoption of the foregoing resolution.
HV Iebert Price, Jr.
County Commissioner, [strict
'James D. Ferrerfs
County Commissioner, District #7
N ncy
County Commissioner, District #23
OAKLAND COUNTY E.O.B. TEL: 313-85871080• Jun 21,90 16:49 No.030 P.05/10
Board of Commissioners
Page 4
nouSING INITIATIVE GRANT PROGRAM
PROGRAM BUDGET
USES OF FUNDS
An.
STAFFING $105,609.00
BENTFIT PACKAGE $18,872.00
OPERATING COSTS $22,939.00
C.D.C. GRANTS $253,727.00
TECHNICAL ASSIST. $15,500.00
TRAINING $7,896.00
TOTAL $424,543.00
IN-KIND
U.W. ADMINISTRATION $43 )415.00
U,W. OPER. IN-KIND $5,700.00
(room, equip. etc.)
TEctirrIcAL ASSIST. $45 1 000.00
(IN-KIND)
IN-KIND TOTALS $94,115.00
GRAND TOTAL $518,658.00
Jun 21,90 16:49 No .030 P.08/10
DRAFT OAKLAND COUNTY E.O.B. TEL: 313,7858-1080
DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES
CONTRACT
DANIEL T. MURPHY--OAKLAND COUNTY EXECUTIVE
DEPARTMENT OF MANAGEMENT
Purchasing Division
Requisition Number Contract Number
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT, made this 1st day of August, 1990, between the COUNTY
OF OAKLAND, a Michigan Constitutioial Corporation, hereinafter call "County",
and UNITED WAY OF OAKLAND, hereinafter called "Contractee".
WITNESSETH:
For and in consideration of the mutual covenants and agreements herein
contained, it is agreed by and between the parties hereto that the County
shall retain Contractee as an Independent Contractor, with party agreeing
to the following terms and conditions:
1. The duties of the Contractee shall be:
A. Maintain contact and develop rapport with the following funding
sources:
, 1) The Michigan State Housing Authority
2) Michigan Local Initiative Support Corporation
3) Business and industry
4) U.S. Department of Housing and Urban Development
5) Foundations
6) City of Pontiac Community Development Department
B. Provide technical assistance and administrative support to the
following CDC's:
1) Pontiac Neighborhood Housing Services, Inc.
2) Pontiac Ecumenical Housing Group
3) Pontiac Citizens Coalition
4) Oakland Livingston Human Service Agency's Emmet Program
5) Other CDC's as defined through the Collaborative's Grant
Making process.
C. Stimulate the development of additional residential community
development organizations where it would be in the best interest of those
neighborhoods, local communities, and Oakland County to do so.
D. Provide direct funding to assist CDC's in leveraging other
projects - specific funds.
E. Monitor the decision-making process, budget, expenditures,
and accomplishments of those CDC's under the umbrella of The Collaborative.
2. The Contractee shall not engage in any activity or enterprise
or assume any employment or accept any position which may conflict with
his/her duties as outlined in this contract.
3. The Contractee agrees to conduct himself/herself at all times -
with decorum and propriety commensu'eate with the dignity of his/her undertaking.
4. The Contractee shall report to: Robert P. Locey, M.D., M,P,H.,
Director of Institutional and Human Services Department.
The County Agrees that it will:
I. Pay to Contractee during the term of this contract a sum which
shall not exceed $50,543.
2. The County reserves the right to terminate this contract by giving
30 days written notice to the Contractee stating the reason for termination
and effective date. Further, subject to the availability of funds, the
County may modify the total contract amount by giving 15 days written
notice to the Contractee.
3. The Contractee shall have the right to terminate this contract
and all rights, duties, and obligations herein created upon thirty (30)
days written notice to the County.
IT IS MUTUALLY AGREED AND UNDERSTOOD:
1. That the relationship of Contractee to the County is and shall
continue to be that of an Independent Contractor; and no liability or
benefits such as, but not limited to, Workmen's Compensation benefits,
retirement and pension benefits, or insurance benefits, or such other
rights and liabilities arising out of a contract of hire or employer-employee
relationship shall arise or accrue to either party as a result of this
agreement.
2. This contract shall become effective on the day and date first
above written, and shall terminate on the 31st day of July, 1991.
3. The Contractee, as an Independent Contractor, shall save and
hold harmless the County of Oakland in any actions related to his/her
organization or employees and will, further, provide the County of Oakland
with a certificate of current insurance coverage.
4. The County shall save and hold harmless the Contractee and his/her
staff, in any actions related to the County and its employees.
NON-DISCRIMINATION
In connection with the performance of work under this contract, the
Contractee agrees not to discriminate against any employee or applicant
for employment because of sex, race, religion, color, national origin,
or handicap. The aforesaid provision shall include, but not be limited
to the following: recruitment or recruitment advertising; employment,
upgrading, demotion or transfer; layoff and selection for training, including
apprenticeship, in accordance with rules and regulations promulgated by
the Federal (Compliance Responsibility for Equal Employment Opportunity
- Chapter 60, 60-1, 4, No. 1-7: and State (Standards and Procedures for
Executive Directive 1975-6, Section II-C, IV-C and V-A & B) agencies and
related Federal and State laws and regulations.
CONTRACTEE: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
BY:
(Signature)
(Date) (Date)
WITNESS: WITNESS:
OAKLAND COUNTY PURCHASING:
(Signature)
(Date)
WITNESS:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the respective dates hereunder indicated.
August 30, 1990
FISCAL NOTE (Misc. 90165)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: RESIDENTIAL COMMUNITY DEVELOPMENT CORPORATION OVERSIGHT - CONTRACT
WITH UNITED WAY OF OAKLAND - MISCELLANEOUS RESOLUTION #90165
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #90165 and finds:
1) The resolution authorizes a contract between the County and
United Way of Oakland to research the number and impact of
residential community development corporations.
3) Funds are available in the 1990 Contingency Account to cover the
contract cost, the following amendments to the 1990/1991 Biennial
Budget are recommended:
1990
4-10100-909-01-00-9900 Contingency $(50,543)
4-10100-161-01-00-3128 Professional Services 50,543
$ -0-
4) Recommends amendments to the contract adding page 2 paragraph
D-5: "An annual financial audit will be conducted, by a firm or
individuals selected by the County."
FINANCE COMMITTEE
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2) The proposed contract operates from August 1, 1990 through July \‘,.
31, 1991 at a total cost of $50,543.
COUNTY MICHIGAN
DEPARTMENT OF INSTITUTIONAL
AND HUMAN SERVICES
Daniel T. Murphy, Oakland County Executive
Robert P. Lccey, M.D., MPH., Director
MEMORANDUM
July 31, 1990
TO: Commissioner Hubert Price, Jr.
Oakland County Board,of Commissioners
FROM: Robert P. LoceY;-M:D., M.P.H., Director
Department of Institutional and Human Services
SUBJECT: Proposed Contract with United Way of Oakland
Both the Corporation Counsel and the Risk Management Coordinator are recommending a
change in the generic professional services contract format to the Purchasing
Division. I do expect that those recommendations will be accepted. Thus, in order
10-be consistent with future contracts, I suggest the following technical amendments
be made to the proposed contract with United Way of Oakland:
Page 2, Paragraph C-1 - add a second sentence to read as follows:
"Payments will be made on a quarterly basis, upon approval of the Director of the
Department of Institutional and Human Services that the Contractor has performed in
a satisfactory manner."
Page 2, Paragraph D-3 - delete the existing paragraph and add the following:
Contractee, as an independent contractor, shall save and hold harmless the County of
Oakland in the e event that the County of Oakland is sued as a result of any actions
or negligence on the part of the contractee or any of its employees or agents.
Further, the contractee agrees that it will pay the cost of defense, including
attorneys' fees, actual costs and judgments, rendered against the County of Oakland
as a result of acts or negligence, occasioned by the contractee or its agents or
employees. Further, the contractee will provide the County of Oakland with a
certificate of insurance which provides coverage for the County of Oakland for any
acts or negligence on the part of the contractee or its employees. Such policy of
insurance shall comply with the standards and shall have a policy limit as listed
below:
(1) Comprehensive General Liability Broad Form in $500,000 combined single limit
and $1,000,000 annual aggregate with the following minimum requirements:
• • Executive Office Building • 1200 North Telegraph Road • Pontiac, Michigan 48053-1082 • (313) 858-1293
Commissioner Hubert Price, Jr.
July 31, 1990
Page Two
a. Broad Form Property damage;
b. Premises/Operations;
c. Independent Contractors:
d. (Blanket) Broad Form Contractual;
e. Personal Injury - delete contractual exclusion "A" and
employee exclusion "C"; and,
f. Additional Insured - Oakland County, Oakland County Employees
and appointed and elected officials and their agents.
(2) Worker's Compensation as required by law.
(3) Employer's Liability in $100,000 limit.
All certificates are to provide 30 days notice of material change or
cancellation. Certificates of insurance must be provided no less than
ten (10) working days before commencement of work to the Risk Management
Department. Insurance carriers are subject to the approval of Oakland
County. Coverages and limits are also subject to the approval of Oakland
County as to conformity with contract requirements.
Page 2, Paragraph D-4 - delete the words "his/her" and add the word "its."
These technical amendments do not alter the purpose or primary content of the
contract.
RPL/bls
Resolution #90165 August 30, 1990
Moved by Richard Kuhn supported by Pappageorge the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Pappageorge the resolution be adopted.
Moved by Gosling supported by Pappageorge the Fiscal note be amended by
deleting "1) The resolution authorizes a contract between the County and United Way
of Oakland to research the number anc impact of residential community development
corporations." Also, the numbers be revised accordingly.
A sufficient majority having voted therefor, the amendment carried.
Moved by Gosling supported by Pappageorge the resolution be amended in the
last WHEREAS paragraph after the words "cost efficient" add for the County of
Oakland" Also the resolution be further amended in the NOW THEREFORE BE IT
RESOLVED paragraph after "for the sum of $50,543.", add "The contract requires the
United Way of Oakland County to stimulate the development of additional residential
community development corporations in the balance of Oakland County where housing
stock is in decline. In addition, the United Way of Oakland County is to assist the
new residential community development corporations in becoming eligible for grants
from state, federal and private sources. Such efforts will increase the value of
housing stock thereby maintaining the tax base of Oakland County."
A sufficient majority having voted therefor, the amendment carried.
Mr. Price stated in the Fiscal Note, under 2), the dates do not coincide
with the resolution, and they should be changed to read "September 1, 1990 through
August 31, 1991". There were no objections to the correction, and the Chairperson
stated it would be corrected.
Moved by Richard Kuhn supported by Pappageorgethe resolution be amended as
suggested by Corporation Counsel:
page 2, Paragraph C-1 - add a second sentence to read as follows:
"Payments will be made on a quarterly basis, upon approval of the Director
of the Department of Institutional and Human Services that the Contractor has
performed in a satisfactory manner."
Page 2, Paragraph D-3 - delete the existing paragraph and add the
following:
Contractee, as an independent contractor, shall save and hold harmless the
County of Oakland in the event that the County of Oakland is sued as a result of any
actions or negligence on the part of the contractee or any of its employees or
agents. Further, the contractee agrees that it will pay the cost of defense,
including attorneys' fees, actual costs and judgments, rendered against the County
of Oakland as a result of acts or negligence, occasioned by the contractee or its
agents or employees. Further, the contractee will provide the County of Oakland
with a certificate of insurance which provides coverage for the County of Oakland
for any acts or negligence on the part of the contractee or its employees. Such
policy of insurance shall comply with the standards and shall have a policy limit as
listed below:
(1) Comprehensive General Liability Broad Form in $500,000 combined single
limit and $1,000,000 annual aggregate with the following minimum requirements:
a. Broad Form Property damage;
b. Premises/Operations;
c. Independent Contractors;
d. (Blanket) Broad Form Contractual;
e. Personal Injury - delete contractual exclusion "A" and employee
exclusion "C"; and
August 30, 1990 Resolution # 90165 - page 2.
f. Additional Insured - Oakland County, Oakland County Employees and
appointed and elected officials and their agents.
(2) Worker's Compensation as required by law,
(3) Employer's Liability in $100,000 limit.
All certificates are to provide 30 days notice of material change or
cancellation. Certificates of insurance must be provided no less than ten (10)
working days before commencement of work to the Risk Management Department.
Insurance carriers are subject to the approval of Oakland County. Coverages and
limits are also subject to the approval of Oakland County as to conformity with
contract requirements.
Page 2, Paragraph D-4 - delete the words "his/her" and add the word "its."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Chester,
Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (23)
NAYS: Olsen, Caddell. (2)
A sufficient majority having voted therefor, the resolution, as amended,
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 Aucust 30, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 3Uth day of Auoust „ /2 19 9_0_
Lyn20. Allen, County