HomeMy WebLinkAboutResolutions - 2014.10.23 - 21562REPORT (MISC . #14242)
October 23, 2014
BY: Human Resources Committee, John Scott, Chairperson
IN RE: MR #14242 — PUBLIC SERVICES DEPARTMENT/MSU EXTENSION — MODIFICATION
OF A PROFESSIONAL SERVICES CONTRACT FOR 4-H YOUTH DEVELOPMENT
COORDINATOR POSITIONS AND EDUCATIONAL PROGRAMMING SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on
October 15, 2014, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of
the foregoing report.
HUMAN RESOURCES COMMITTEE
Motion carried unanimously on a roll call vote with Runestad and Jackson absent.
MISCELLANEOUS RESOLUTION#14242 October 8, 2014
BY: Public Services Committee — Bill Dwyer, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT/MSU EXTENSION — MODIFICATION OF A
PROFESSIONAL SERVICES CONTRACT FOR 4-H YOUTH DEVELOPMENT COORDINATOR
POSITIONS AND EDUCATIONAL PROGRAMMING SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and Michigan State University Extension (MSUE) have a long
history of working cooperatively to provide certain services and programs to residents of Oakland County;
and
WHEREAS these services and programs have centered on Youth Development, 4-H Programs,
Nutrition, Agriculture Services; and
WHEREAS over the past few years MSUE has assessed their mission and developed a new
organizational structure they feel will best service the public in the future, while containing costs; and
WHEREAS in Miscellaneous Resolution #13250 the MSU Extension-Oakland County Division
committed to leaving one position vacant to develop a professional services contract for one 4-H Youth
Development Coordinator for a one year trial; and
WHEREAS the one year trial was successful and the division wishes to extend the professional
services contract to include FY15 through FY17; and
WHEREAS an additional County-funded 4-H Youth Development Program Coordinator position
(#1070501-02170) in the MSU Extension-Oakland County Division of the Public Services is proposed to
remain vacant to enable contracting for an additional MSUE provided 4-H Youth Development
Coordinator; and
WHEREAS this contract position would be good for FY15 through FY17; and
WHEREAS the professional services contract will also include Educational Programming services
provided by MSUE; and
WHEREAS the professional services contract will be extended by the Oakland County
Compliance Office in accordance with Oakland County Purchasing Policies and Procedures.
NOW THEREFORE BE IT RESOLVED that the County of Oakland extends the professional
services contract with Michigan State University Extension to provide 4-H Youth Development and
Educational Programming services to Oakland County residents for FY 15 through FY 17.
BE IT FURTHER RESOLVED that the Board of Commissioners approves that the Oakland
County budgeted 4-H Youth Development Program Coordinator position (#1070501-01787) continues to
remains vacant for the contract extension period of FY15 through FY17.
BE IT FURTHER RESOLVED that the Board of Commissioners approves that an additional
Oakland County budgeted 4-H Youth Development Program Coordinator position (#1070501-02170)
remains vacant for contract extension period of FY15 through FY17.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
frOAKLAND
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN Pamela L. Weipert, CPA, CIA
COMPLIANCE OFFICE - PURCHASING Compliance Officer
January 23, 2014
ATTN: DAN EVON, DIRECTOR
CONTRACT & GRAND ADMIN
MICHIGAN STATE UNIVERSITY
HANNAH ADMIN BUILDING
426 AUDITORIUM RD ROOM 2
EAST LANSING MI 48824
Subject: New Contract Award
Contract Type: Professional Services Contract
Contract Number: 003944
To Whom It May Concern:
The attached Professional Services Contract requires your review and signature. The contract
signature must be notarized. The entire contract must be returned to the Oakland County
Purchasing Division to complete the contract award process. If you need a notary, the
Purchasing Division will notarize only if the signee is present.
A copy of your Proof of Insurance Certificate as required by Exhibit 11, is on file in our office
valid until 07/01/2014. The contract must be finalized before any services can be performed
for the County.
Mail the entire signed and notarized Contract to the address listed below.
Oakland County Purchasing
Executive Office Building 41W
2100 Pontiac Lake Rd
Waterford, MI 48328
Once finalized, a copy of the Contract will be sent to you.
Your prompt action regarding this matter is greatly appreciated. If this was sent to you in error
please let Us know who the correct contact person should be along with their phone number.
Thank you for your cooperation.
Sincerely,
Oakland County Purchasing
Coral Cahoon
Procurement Technician
Enclosures
cmc
MSU
Contract & Grant Admin
JAN 28 2014
RECEIVED REV 2011.11.16
EXECUTIVE OFFICE BLDG 41 WEST, LOWER LEVEL • 2100 PONTIAC LAKE RD • WATERFORD MI 48328-0462 • (248) 858-0511 • FAX (248) 858-1677
ArOAKIANDT
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
003944
JPD Public Services EVENT NPC141
OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER: 003944
Contract Start Date: 10/14/2013
Contract Expiration Date: 10114/2014
Contract - NOT TO EXCEED AMOUNT $142,119.00
This "Contract" is made between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, hereinafter called "County", and the "Contractor" as further described in the
following Table. In this Contract, either Contractor Or the County may also be referred to
individually as a "Party" or jointly as the "Parties",
COUNTY OF OAKLAND MICHIGAN STATE UNIVERSITY
1200 North Telegraph Road 301 Administration Bldg
Pontiac, MI 48341 East Lansing MI 48824
(herein, the "County")
Vendor Number 947
This Contract is organized and divided into the following "Section" or "Sections" for the
convenience of the Parties,
SECTION
SECTION 2.
SECTION 1
SECTION 4.
SECTION 5.
SECTION 6.
CONTRACT DOCUMENTS AND DEFINITIONS
CONTRACT EFFECTIVE DATE AND TERMINATION
SCOPE OF CONTRACTOR'S SERVICES
COUNTY PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES
CONTRACTOR ASSURANCES AND WARRANTIES
CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING
PROFESSIONAL SERVICES CONTRACT NUMBER 003944
Pogo
1111OAKLAND
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
SECTION 7. GENERAL TERMS AND CONDITIONS
Whereas Michigan State University Extension ("Contractor") and Oakland County ("County") have
a long history of working cooperatively to deliver Extension services; and
Whereas a County-funded 4-H Youth Development Program Coordinator position in the MSU-
Extension-Oakland County Division of the Public Services department is currently vacant; and
Whereas the 4-H Youth Department Coordinator function is provided by Contractor; and
Whereas the County desires to utilize funds from the vacant 4-H Youth Development Coordinator
position to contract 4-14 Youth Development consulting services and Educational Programming
services from Contractor to determine if this arrangement meets the needs of the County and its
citizens in a more cost-effective manner.
Now, therefore, in consideration of the mutual promises, obligations, representations, and
assurances in this Contract, the Parties agree to the following:
§1. CONTRACT DOCUMENTS AND DEFINITIONS
The following words and expressions when printed with the first letter capitalized as shown
herein, whether used in the singular or plural, possessive or non-possessive, and/or either
within or without quotation marks, shall be defined and interpreted as follows:
1.1. "Contractor Employee" means without limitation, any employees, officers, directors,
members, managers, trustees, volunteers, attorneys, and representatives of
Contractor, and also includes any Contractor licensees, concessionaires, contractors,
subcontractors, independent contractors, contractor's suppliers, subsidiaries, joint
ventures or partners, and/or any such persons, successors or predecessors,
employees, (whether such persons act or acted in their personal, representative or
official capacities), and/or any and all persons acting by, through, under, or in
concert with any of the above. "Contractor Employee" shall also include any person
who was a Contractor Employee at any time during the term of this Contract but, for
any reason, is no longer employed, appointed, or elected in that capacity.
1.2. "Claims" means any alleged losses, claims, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies, liability,
penalties, litigation, costs, and expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs, investigation
expenses, litigation expenses, amounts paid in settlement, and/or other amounts or
liabilities of any kind which are imposed on, incurred by, or asserted against the
County and arising under this Contract, or for which the County may become legally
and/or contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of
OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING
PROFESSIONAL SERVICES CONTRACT NUMBER 003944
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federal or state common law, whether any such claims are brought in law or equity,
tort, contract, or otherwise, whether commenced or threatened and arising under this
Contract.
1.3. "Contract Documents" This Contract includes and fully incorporates herein all of the
following documents:
1.3.1. Exhibit I: Contractor Insurance Requirements.
1.3.2. Exhibit II: Scope of Contractor's Services.
1.4. "County" means the County of Oakland, a Municipal and Constitutional
Corporation, its departments, divisions, authorities, boards, committees, and "County
Agent" as defined below.
1 .5. "County Agent" means all elected and appointed officials, directors, board members,
council members, commissioners, employees, volunteers, representatives, and/or any
such persons' successors (whether such person act or acted in their personal
representative or official capacities), and/or any persons acting by, through, under, or
in concert with any of them. "County Agent" shall also include any person who was
a "County Agent" anytime during the term of this Contract but, for any reason, is no
longer employed, appointed, or elected and serving as an Agent.
1.6. "Day" means any calendar day, which shall begin at 12:00:00 a.m. and end at
11:59:59 p.m.
1 .7. "Full-time Equivalent" or "FIE" means the aggregate of employees who work less
than 30 hours a week, where the work hours of such employees add up to at least a
40 hour work week.
1.8. 'Intellectual Property" means any developments, improvements, designs, innovation,
and materials that may be the subject of a trademark/servicemark, copyright or
patent, trade secrets or Proprietary Information.
1.9. "Proprietary Information" means ideas, concepts, inventions and processes related to
the development and operation of computer software and systems such as source
code, object code, security procedures and passwords.
§2. CONTRACT EFFECTIVE DATE AND TERMINATION
2.1. The effective date of this Contract shall be as stated on the first page of this
Contract, and unless otherwise terminated or canceled as provided below, it shall end
at 11:59:59 p.m. on the "Contract Expiration Date" shown on the first page of this
Contract, at which time this Contract expires without any further act or notice of
either Party being required. The Parties are under no obligation to renew or extend
this Contract after Contract Expiration Date. Notwithstanding the above, under no
circumstances shall this Contract be effective and binding and no payments to the
Contractor shall be due or owing for any Contractor services until and unless:
OAKLAND COUNTY COMPLIANCE OFFICE — PURCHASING'
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
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2.1.1. This Contract is signed by a Contractor Employee, legally
authorized to bind the Contractor.
2.1.2. Any and all Contractor Certificates of Insurance and any other
conditions precedent to the Contract have been submitted and accepted by
the County.
2.1.3. This Contract is signed by an authorized agent of the Oakland
County Purchasing Division, as provided for on the signature page of this
Contract, who shall be the final signatory to this Contract.
2.2. The County may terminate and/or cancel this Contract (or any part thereof) at any
time during the term, any renewal, or any extension of this Contract, upon ninety
(90) days written notice to the Contractor, for any reason, including convenience
without incurring obligation or penalty of any kind. Notwithstanding the above, if
the County is being reimbursed for any cost or expenses incurred under this Contract
by any third party, including any Federal, State or local governmental agency, and
any such third party funding is terminated, the County may terminate, end or cancel
this Contract immediately upon written notice to the Contractor. The effective date
for termination or cancellation shall be clearly stated in the written notice.
2.3. The County's sole obligation in the event of teimination is for payment for actual
services rendered by the Contractor before the effective date of termination. Under
no circumstances shall the County be liable for any future loss of income, profits,
any consequential damages or any loss of business opportunities, revenues, or any
other economic benefit Contractor may have realized but for the termination and/or
cancellation of this Contract. The County shall not be obligated to pay Contractor
any cancellation or termination fee if this Contract is cancelled or terminated as
provided herein.
2.4. Contractor may terminate and/or cancel this Contract (or any part thereof) at anytime
upon one hundred and eighty days (180) days written notice to the County, if the
County defaults in any obligation contained herein, and within the one hundred and
eighty days (180) notice period the County has failed or has not attempted to cure
any such default. The effective date of termination and/or cancellation and the
specific alleged default shall be clearly stated in the written notice.
2.5. Under no circumstances shall the County be obligated to pay the contractor for any
Services rendered or Goods delivered which have not been invoiced, as required
herein, within sixty (60) days of the date such Goods were actually delivered to the
County or Services were actually rendered pursuant to this Contract.
§3. SCOPE OF CONTRACTOR'S SERVICES
3.1, The Contractor shall perform all services identified and itemized in Exhibit II:
"Scope of Contractor's Services" which is attached hereto and incorporated and
made part of this Contract.
OAKLAND COUNTY COMPLIANCE OFFICE— PURCHASING
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L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
§4. COUNTY OBLIGATIONS
4.1. Except as otherwise expressly provided for in this Contract, the County's sole
financial obligation to the Contractor for any Contractor services under this Contract
shall be:
4.1.1. In no event, shall the County's amount due and owing the Contractor for
any and all services rendered exceed the amount identified as the "NOT
TO EXCEED AMOUNT" on the first page of this Contract. In the event
the Contractor can reasonably foresee the total billings for its services
will exceed this "NOT TO EXCEED AMOUNT", the Contractor shall
provide the County with notice of this contingency at least fifteen (15)
Days before this event.
4.1.2. Each quarter, Contractor shall submit an invoice to the County which shall
itemize all amounts due and/or owing by the County under this Contract, as
the date of the invoice.
4.1.3. All invoices shall be submitted in the form requested by the County along
with a summary and supporting documents of activities and programing that
occurred for the quarter being invoiced. The County shall have no obligation
to make payment until a proper invoice of service is submitted. The County
reserves the right to make partial payments on account of the amount due the
Contractor as the work progresses.
4.1.4. The costs incurred by Oakland County for the 4-H Program Coordinator are
based on the hiring of an employee whose services are dedicated to that of
Oakland County and shall be paid on a pro-rata basis. Upon County's
request, Contractor shall provide County with with the 4-H Program
Coordinator's payroll records.
4.1.5. Subject to the budget appropriation by the Oakland County Board of
Commissioners, County shall provide clerical and secretarial support staff as
the County deems reasonably necessary to assist Contractor in carrying out
Contractor's obligations under this Contract.
4.1.6. Subject to the budget appropriation by the Oakland County Board of
Commissioners, County shall provide Contractor with office facilities as the
County deems necessary.
4.1.7. Subject to the budget appropriation by the Oakland County Board of
Commissioners, County shall provide office furniture, office and field
supplies and equipment to support all staff providing programming in
Oakland County as the County deems reasonably necessary to allow
Contractor to carry out its obligations under this Contract.
OAKLAND COUNTY COMPLIANCE OFFICE PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
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4.t8. The total Cost of this Contract as set forth in Section 4.1.10. includes
transportation expenses for all staff providing programming in Oakland
County.
4.1.9. Services provided under this Contract is dependent upon adjustments to
various Fiscal Year (FY) 2013 and 2014 budget line items will he adjusted to
provide finding for this Contract.
4.110. The total cost of this Contract shall be as follows:
Fiscal Year 2013: $73,406.00
a. Educational Programming: $73,406.00
Fiscal Year 2014: $142,119.00
a. Educational Programming: $80,419.00
b. 4-Fl Coordinator: $61,700.00
4.1.11. Contractor shall address all invoices to:
Mark Newman,
Director of Public Services
2100 Pontiac Lake Road
Waterford, Michigan 48328
4.1.12. County shall send all payments to:
MSIJ Extension Business Office
Agricultural Hall
446 West Circle Drive, Room 160
Michigan State University
East Lansing, MI 48824
4.1.1 3. Under no circumstances shall the County be responsible for any cost, fee,
fine, penalty, or direct, indirect, special, incidental or consequential damages
incurred or suffered by Contractor in connection with or resulting from the
Contractor's providing any services under this Contract.
4.1.14. The County has the right to offset any amounts due and owing to the
Contractor should the County incur any cost associated with this Contract
that is the obligations of Contractor under this Contract. This includes
withholding payment in the amount of any County provided equipment,
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supplies or identification badges that are not returned by Contractor upon
completion of the services provided under this Contract.
4.1.15. This Contract does not authorize any in-kind services by either Party, unless
expressly provided herein.
§5. CONTRACTOR'S ASSURANCES AND WARRANTIES
5.1 This Contract shall not reduce the level of Contractor educational services that were
made available to the citizens of Oakland County prior to execution of this Contract.
5.2. Contractor certifies that all statements, assurances, records, and materials submitted
to County in connection with securing this Contract have been truthful, complete and
accurate in all respects. Contractor agrees and understands that any material false
statement, representation or omission made in connection with its seeking or
obtaining this Contract may be grounds for canceling or terminating this Contract
and/or debarring the Contractor from future County contracts. The County's right to
cancel this Contract as provided herein shall be in addition to any other rights the
County has to terminate or cancel this Contract.
5.3. Service Warranty. Contractor warrants that all services performed hereunder will be
performed in a manner that complies with all applicable laws, statutes, regulations,
ordinances, and professional standards.
5.4. Business and Professional Licenses. The Contractor will obtain and maintain at all
times during the term of this Contract all applicable business and professional
licenses necessary to provide the contracted services.
5.5. Equipment and Supplies, The Contractor is responsible for providing equipment and
supplies not expressly required to be provided by the County herein.
5.6. Taxes. The Contractor shall pay, its own local, state and federal taxes, including
without limitation, social security taxes, and unemployment compensation taxes.
The County shall not be liable to or required to reimburse the Contractor for any
federal, state and local taxes or fees of any kind.
5.7. Contractor's Incidental Expenses. Except as otherwise expressly provided in this
Contract, the Contractor shall be solely responsible and liable for all costs and
expenses incident to the performance of all services for the County including, but not
limited to, any professional dues, association fees, license fees, fines, taxes, and
penalties.
E-Verify.
5.8.1. In accordance with Miscellaneous Resolution No.09116 (BOC Minutes,
July 30, 2009, pp 37-38), unless otherwise exempted, Contractor must first
certify it has registered with, will participate in, and continue to utilize, once
registered, the E-Verify Program (or any successor program implemented by
the federal government or its departments or agencies) to verify the work
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authorization status of all newly hired employees employed by the
Contractors. Breach of this term or condition is considered a material
breach of this Contract.
5.8.2. Contractor's execution of this Contract constitutes a certification that it is
authorized to certify on its behalf and does hereby certify that it has
registered with, has and will participate in, and does and will continue to
utilize, once registered and throughout the term of this Contract and any
permissible extension hereof, the E-Verify Program (or any successor
program implemented by the federal government or its departments or
agencies) to verify the work authorization status of all newly hired
employees employed by the Contractor.
5.9. Contractor Employees.
5.9.1. Contractor shall employ and assign qualified Contractor Employees as
necessary and appropriate to provide the services under this Contract.
Contractor shall ensure all Contractor Employees have all the necessary
knowledge, skill, and qualifications necessary to perform the required
services and possess any necessary licenses, permits, certificates, and
governmental authorizations as may required by law.
5.9.2. Contractor shall solely control, direct, and supervise all Contractor
Employees with respect to all ContrEictor obligations under this Contract.
Contractor will be solely responsible for and fully liable for the conduct and
supervision of any Contractor Employee.
5.9.3. All Contractor Employees shall wear and display appropriate County-
provided identification at all times while working on County premises.
Contractor shall return all County provided identification upon completion
of the last day of services provided under this Contract,
5.9.4. All Contractor Employees assigned to work under this Contract may, at the
County's discretion, be subject to a security check and clearance by the
County.
5.9.5. All newly hired Contractor Employeess unless otherwise excluded under
Misc. Resolution No. 09116 must undergo employment eligibility
verification through the E-Verify Program. Failure of to verify newly hired
employees is a material breach of this Contract.
5.10. Contractor Employee-Related Expenses. All Contractor Employees shall be
employed at the Contractor's sole expense (including employment-related taxes and
insurance) and the Contractor warrants that all Contractor Employees shall fully
comply with and adheres to all of the terms of this Contract. Contractor shall be
solely and completely liable for any and all applicable Contractor Employee's
federal, state, or local payment withholdings or contributions and/or any and all
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Contractor Employee related pension or welfare benefits plan contribution under
federal or state law.
5.11. Full Knowledge of Service Expectations and Attendant Circumstances. Contractor
warrants that before submitting its Proposal and/or entering into this Contract, it had
a full opportunity to review the proposed services, and review all County
requirements and/or expectations under this Contract. The Contractor is responsible
for being adequately and properly prepared to execute this Contract. Contractor has
satisfied itself in all material respects that it will be able to perform all obligations
under the Contract as specified herein.
5.12. 'The Contractor's Relationship To The County Is That Of An Independent Contractor.
Nothing in this Contract is intended to establish an employer-employee relationship
between the County and either the Contractor or any Contractor Employee. All
Contractor Employees assigned to provide services under this Contract by the
Contractor shall, in all cases, be deemed employees of the Contractor and not
employees, agents or sub-contractors of the County.
§6. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION
6.1. Indemnification
6.1.1. Each Party shall be responsible for its own acts and the acts of its employees,
agents and subcontractors, the costs associated with those acts, and the
defense of those acts.
6.1.2. Except as otherwise provided in this Contract, neither Party shall have any
right under this Contract or any legal principle to be indemnified by the other
Party or any of its employees or agents in connection with any Claim.
6.1.3. In any Claims that may arise under or relate to this Contract, each Party shall
seek its own legal representation and bear the costs associated with such
representation, including any attorney fees.
6.1.4. This Contract does not, and is not intended to, impair, divest, delegate, Of
contravene any constitutional, statutory, and/or other legal right, privilege,
power, duty, or immunity of the Parties. Nothing in this Contract shall be
construed as a waiver of governmental immunity for either Party,
6.2. Contractor Provided Insurance.
6.2.1. At all times during this Contract, Contractor shall obtain and
maintain insurance according to the specifications indicated in Exhibit I.
§7. GENERAL TERMS AND CONDITIONS
7.1. Access To County Facilities. While the Contractor retains the right to perform
services at any time, the Contractor must obtain prior permission by the County for
access to County facilities after the County's regular business hours.
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7.2. Cumulative Remedies. A Party's exercise of any remedy shall not preclude tbe
exercise of any other remedies, all of which shall be cumulative. A Party shall have
the right, in its sole discretion, to determine which remedies are to be exercised and
in which order.
7.3. Survival of Terms and Conditions. The following terms and conditions shall survive
and continue in full force beyond the termination and/or cancellation of this Contract
(or any part thereof) until the terms and conditions are fully satisfied or expire by
their very nature:
"CONTRACTOR'S ASSURANCES AND WARRANTIES";
"CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION";
"Damage Clean Up To County Property and/or Premises";
"Audit";
"Severability";
"Governing Law/Consent To Jurisdiction And Venue"; and
"Survival of Terms And Conditions".
7.4. County Right to Suspend Services. Upon written notice, the County may suspend
performance of this Contract if Contractor has failed to comply with Federal, State,
or Local laws, or any requirements contained in this Contract. The right to suspend
services is in addition to the County's right to terminate and/or cancel this Contract.
The County shall incur no penalty, expense, or liability to Contractor if the County
suspends services under this Section.
No Third Party Beneficiaries. Except as provided for the benefit of the Parties, or as
otherwise provided in this Contract, this Contract does not and is not intended to
create any obligation, duty, promise, contractual right or benefit, right to be
indemnified, right to be subrogated to the Parties' rights in this Contract, and/or any
other right, in favor of any other person or entity.
7.6. Compliance with Laws. Contractor shall comply with all federal, state, and local
laws, statutes, ordinances, regulations, insurance policy requirements, and
requirements applicable to its activities under this Contract.
7.7. Permits and Licenses. Contractor shall be responsible for obtaining and maintaining
throughout the term of this Contract all licenses, permits, certificates, and
governmental authorizations necessary to perform all of its obligations under this
Contract and to conduct business under this Contract. Upon request by the County,
Contractor shall furnish copies of any permit, license, certificate or governmental
authorizations necessary to provide services under this Contract.
7.8. Discrimination. Contractor shall not discriminate against any employee Or applicant
for employment because of sex, race, religion, color, national origin, or handicap in
violation of State and Federal law.
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7.8.1. Contractor shall promptly notify the County of any complaint or charge
filed and/or determination by any Court or administrative agency of
illegal discrimination by Contractor.
7.8.2. The County, in its discretion, may consider any illegal discrimination
described above as a breach of this Contract and may teiminate or cancel
this Contract immediately with notice.
7.9. Reservation of Rights. This Contract does not, and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of either Party.
7.10. Force Majeure. Notwithstanding any other term or provision of this Contract,
neither Party shall be liable to the other for any failure of performance hereunder if
such failure is due to any cause beyond the reasonable control of that Party and that
Party cannot reasonably accommodate or mitigate the effects of any such cause.
Such cause shall include, without limitation, acts of God, fire, explosion, vandalism,
any law, order, regulation, direction, action, or request of the United States
government or of any other government, national emergencies, insurrections, riots,
wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable
notice shall be given to the affected Party of any such event. The Contractor is
expected, through insurance or alternative temporary or emergency service
arrangements, to continue its obligations under this contract in the event of a
reasonably anticipated, insurable business risk such as business interruption and/or
any insurable casualty or loss.
7.1. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL
15.321, et seq.), no contracts shall be entered into between the County, including all
agencies and departments thereof, and any County Agent. To avoid any real or
perceived conflict of interest, Contractor shall identify any Contractor Employee or
relative of Contractor's Employees who are presently employed by the County.
7.2. Damage Clean up to County Property and/or Premises. Contractor shall be
responsible for any unexpected and/or unnecessary damage to any County property,
its premises, or a County Agent that is caused by Contractor or Contractor's
Employees. If damage occurs, Contractor shall make necessary repairs and/or
replacements to the damaged property to the satisfaction of the County. If the
cleanup cannot be completed to the County's satisfaction, Contractor shall reimburse
the County the actual cost for repairing or replacing the damage property. The
Contractor shall be responsible for assuring that all County and municipal sites are
restored to their original condition.
7.3. Contractor Use of Confidential Information. The Contractor and/or Contractor
Employees and the County shall not reproduce, provide, disclose, or give access to
information marked "Confidential Information" to any third party, or to any
Contractor Employee or the County not having a legitimate need to know any such
OAKLAND COUNTY COMPLIANCE OFFICE— PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 11
COAKIANDF7
COUNTY MICHIGAN
L. BROOKS PA I f ERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
information and data, and shall not use the COnfidential Information for any purpose
other than performing its services under this Contract. Notwithstanding the
foregoing, Contractor and the County may disclose the Confidential Information if
required by law, statute or other legal process; provided that the disclosing party
gives to the party with whom the Confidential Information originates (i) prompt
written notice of an impending disclosure, (ii) provides reasonable assistance in
opposing or limiting the disclosure, and (iii) makes only such disclosure as is
compelled or required.
7.3.1. This Contract imposes no obligation upon Contractor or County with respect
to any Confidential Information which Contractor or County can establish by
legally sufficient evidence: (i) was in the possession of, or was known by
Contractor or County, prior to its receipt from the County or Contractor,
without an obligation to maintain its confidentiality; (ii) is obtained by
Contractor or County from a third party having the right to disclose it,
without an obligation to keep such information confidential; or (iii) is public
knowledge prior to or after its disclosure, other than through acts or
omissions attributable to recipient.
7.3.2. As used in this Contract, Confidential Information means all information that
the County or Contractor is required or permitted by law to keep confidential.
7.4. Contractor Use of County Licensed Software. In order for the Contractor to perform
its services under this Contract, the County may permit Contractor or Contractor
Employees to access certain copyrighted Software licensed to the County.
Contractor or Contractor Employees shall not: transfer, remove, use, copy, or
otherwise provide or make available any such copyrighted Software or
Documentation to any other person or entity, for any purpose, without the prior
written consent of the County and/or the licensor. Furthermore, neither the
Contractor nor Contractor Employee shall produce a source listing, decompile,
disassemble, or otherwise reverse engineer any copyrighted Software. Neither the
Contractor nor Contractor Employee shall use any copyrighted software contrary to
the provisions of any applicable Software license agreement or state or federal law.
7.5. Pro'ecita ers. Each Party shall designate an employee or agent to act as a
Project Manager. The Project Managers shall serve as a contact point for all matters
related to the services to be performed under this Contract. The Contractor's Project
Manager shall coordinate with the County's Project Manager; the Contractor shall
provide the name and qualifications of its Project Manager and an alternate.
7.6. Grant Compliance. lf any part of this Contract is supported or paid for with any
state or federal funds granted to the County, the Contractor shall comply with all
applicable grant requirements.
7.7. Contract Administrator. Each Party may designate an employee or agent to act as
Contract Administrator. The County's Contract Administrator shall be responsible
OAKLAND COUNTY COMPLIANCE OFFICE PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 12
ftOAKLANDT=
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
for such activities as monitoring deliverables and funding addressing the quality of
services provided by the Contractor, reviewing invoices and submitting requests to
the County's procurement authority for any contract modification in accordance with
Section 7.26 of this Contract,
7.8. Dispute Resolution. All disputes arising under or relating to the execution,
interpretation, performance, or nonperformance of this Contract involving or
affecting the Parties may first be submitted to the respective Project Managers and
Contract Administrators for possible resolution. The Project Managers and Contract
Administrators may promptly meet and confer in an effort to resolve such dispute. If
the Project Managers cannot resolve the dispute in five (5) business days, the dispute
may be submitted to the signatories of this Contract or their successors in office.
The signatories of this Contract may meet promptly and confer in an effort to resolve
such dispute.
7.9. Access and Records. Contractor will maintain accurate books and records in
connection with the services provided under this Contract for thirty-six (36) months
after end of this Contract, and provide the County with reasonable access to such
book and records.
7.10. Audit. At County cost, Contractor shall allow the County's Auditing Division, or an
independent auditor hired by the County, to perform contract compliance audits with
the authority to access all pertinent records and interview any Contractor Employee
throughout the term of this Contract, and for a period of three years after final
payment.
7.10.1. Contractor shall explain any audit finding, questionable costs, or other
Contract compliance deficiencies to the County within thirty (30) business
days of receiving the draft audit report. Contractor's written response shall
include all necessary documents and information that refute the draft audit
report, and an action plan to resolve the audit findings. A copy of the
Contractor's response will be included in the final report. Failure by the
Contractor to respond in writing within 30 business days shall be deemed
acceptance of the draft audit report, and will be noted in the final report.
7.11. Delegation /Subcontract/Assignment. Contractor shall not delegate, assign, or
subcontract any obligations or rights under this Contract without the prior written
consent of the County,
7.11.1. The rights and obligations under this Contract shall not be diminished in any
manner by assignment, delegation or subcontract.
7.11.2. Any assignment, delegation, or subcontract by Contractor and approved by
the County, must include a requirement that the assignee, delegee, or
subcontractor will comply with the rights and obligations contained in this
Contract.
OAKLAND COUNTY COMPLIANCE OFFICE — PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003994
Page 13
IrOAKLAND7
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
7.11.3. The Contractor shall remain primarily liable for all work performed by any
subcontractors. The Contractor shall remain liable to the County for any
obligations under the Contract not completely performed by any Contractor
delegee or subcontractor.
7.11.4. Should a Subcontractor fail to provide the established level of service and
response, the Contractor shall contract with another agency for these services
in a timely manner. Any additional costs associated with securing a
competent subcontractor shall be the sole responsibility of the Contractor.
7.11.5. This Contract cannot be sold.
7.11.6. In the event that a Petition in Bankruptcy is filed and there is an assignment
of this Contract by a Court, the County may declare this Contract null and
void.
7.12. Non Exclusive Contract. No provision in this Contract limits, or is intended to limit,
in any way the Contractor's right to offer and provide its services to the general
public, other business entities, municipalities, or governmental agencies during or
after the term of this Contract. Similarly, this Contract is a non-exclusive agreement
and the County may freely engage other persons to perform the same work that the
Contractor performs. Except as provided in this Contract, this Contract shall not be
construed to guarantee the Contractor or any Contractor Employee any number of
fixed or certain number or quantity of hours or services to be rendered to the County.
7.13. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to
pursue or enforce any right or remedy under this Contract shall constitute a waiver of
those rights with regard to any existing or subsequent breach of this Contract. No
waiver of any term, condition, or provision of this Contract, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a continuing
waiver of any term, condition, or provision of this Contract. No waiver by either
Party shall subsequently affect its right to require strict performance of this Contract.
7.14. Severability. If a court of competent jurisdiction finds a term, condition, or
provision of this Contract to be illegal or invalid, then the term, condition, or
provision shall be deemed severed from this Contract. All other terms, conditions,
and provisions of this Contract shall remain in full force and effect.
7.15. Captions. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Contract are intended for the convenience
of the reader and are not intended to have any substantive meaning and shall not be
interpreted to limit or modify any substantive provisions of this contract. Any use of
the singular or plural number, any reference to the male, female, or neuter genders,
and any possessive or nonpossessive use in this contract shall be deemed the
appropriate plurality, gender or possession as the context requires.
7.16. Notices. Notices given under this Contract shall be in writing and shall either be
personally delivered, sent by express delivery service, certified mail, or first class
OAKLAND COUNTY COMPLIANCE OFFICE — PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 14
CAKLAND7
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given when one of the following occur: (1) the date of actual receipt; (2) the
next business day when notice is sent express delivery service or personal delivery;
or (3) three days after mailing first class or certified U.S. mail.
7.16.1. If notice is sent to the Contractor, it shall be addressed to the address stated
on the first page of this Contract.
7.16.2. If notice is sent to the County, it shall be addressed to the Contract
Administrator stated on the signature page of this Contract.
7.16.3. Either Party may change the address or individual to which notice is sent by
notifying the other party in writing of the change.
7.17. Contract Modifications or Amendments. Any modifications, amendments, recisions,
waivers, or releases to this Contract must be in writing and agreed to by both Parties.
Unless otherwise agreed, the modification, amendment, recision, waiver, or release
shall be signed by an expressly authorized Contractor Employee and by the same
person who signed the Contract for the County or other County Agent as authorized
by the Oakland County Board of Commissioners.
7.18. Precedence of Documents. In the event of a conflict between the terms and
conditions in any of the documents comprising this Contract, the conflict shall be
resolved as follows:
7.18.1. The terms and conditions contained in this main Contract document shall
prevail and take precedence over any allegedly conflicting provisions in all
other Exhibits or documents.
7.19. Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or
decide any Claim arising under or related to this Contract shall be brought in the
Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the
State of Michigan, or the United States District Court for the Eastern District of
Michigan, Southern Division, as dictated by the applicable jurisdiction of the (mutt
Except as otherwise required by law or court rule, venue is proper in the courts set
forth above. The choice of forum set kith above shall not be deemed to preclude
the enforcement of any judgment obtained in such forum or taking action under this
Contract to enforce such judgment in any appropriate jurisdiction.
7.20. Entire Contract. This Contract represents the entire Contract and understanding
between the Parties. This Contract supersedes all other prior oral or written
understandings, communications, agreements or Contracts between the Parties. The
language of this Contract shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
OAKLAND COUNTY COMPLIANCE OFFICE — PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 093944
Pop 15
tOAKLAND7
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
7.21. Assignment of Rights. In consideration for the work Contractor performs under this
Contract, and the fees paid to Contractor for services, Contractor agrees to the
following:
7.21.1. Contractor shall have no copyright, patent, trademark or trade secret rights
in County Intellectual Property.
7.21.2. Any and all inventions and other work or authorship developed by
Contractor while performing services to County are works made for hire,
created for and owned exclusively by County.
7.21.3. Contractor assigns to County all rights and interest in County Intellectual
Property, which Contractor has made or conceived, or may make and
conceive, either solely or jointly with others, either on or off County
premises (I) while providing services to County, or (2) with the use of the
time, materials or facilities of the County.
7.21.4. Contractor shall sign any papers necessary for patents, copyrights or
trademark registrations to give title to County.
7.21.5. Contractor shall retain an irrevocable, royalty free, nonexclusive licensee
to use Intellectual Property created pursuant to this Contract for any
noncommercial purpose.
7.22. Confidential Information. Contractor acknowledges:
7.22.1. That the County may be developing and using Proprietary Information and
Intellectual Property that may be valuable to its operations. The County
has instituted policies and procedures to protect this information which it
will make available to Contractor. In performance of its obligations under
this Contract, Contractor may become acquainted with County Proprietary
information and Intellectual Property.
7.22.2. To the extent allowed under Michigan law, either during or after the term
of this Contract, Contractor shall not disclose to anyone or use any County
Proprietary Information and Intellectual Property disclosed to Contractor
while providing services to County under this Contract. This obligation
does not apply to information after it becomes generally known to the
public,
7.22.3. Contractor shall not disclose any intellectual Property belonging to a third
party that Contractor learns about by virtue of providing services to the
County.
The undersigned executes this Contract on behalf of Contractor and the County, and by doing so
legally obligates and binds Contractor and the County to the terms and conditions of this Contract.
OAKLAND COUNTY COMPLIANCE OFFICE -PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 16
trOAKIAND7
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
FOR THE CONTRACTOR:
DATE:
Daniel T. Evon, Director
Contract & Grant Administration
Michigan State University appeared in person before me this day and executed this
Contract on behalf of Contractor and acknowledged to me under oath that
has taken all actions and secured any and all necessary
approvals and authorizations and has the requisite authority from Contractor to fully and completely
obligate and bind Contractor to the terms and conditions of this Contract and any and all other
documents incorporated by reference and also acknowledged to me under oath having been
provided with copies and having read and reviewed all Contract documents including all documents
incorporated by reference.
Subscribed and sworn to before me on this
Notary Public, State of
County
My Commission Expires:
Acting in the County of
FOR THE COUNTY:
BY: DATE:
Pamela L. Weipert, CPA, CIA, Compliance Officer
Or
Scott N. Guzzy, CPPO, MBA, Purchasing Administrator
APPROVED AS TO SCOPE OF CONTRACTOR SERVICES:
BY: DATE:
Mark Newman, Director of Public Services Oakland County Public Services
2100 Pontiac Lake Rd Bldg 41 West
Waterford MI 48328
OAKLAND COUNTY COMPLIANCE OIFEICE PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 17
day of , 2013.
OAKLAND
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
EXHIBIT I
CONTRACTOR INSURANCE REQUIREMENTS
I. At all times during this Contract, including renewals or extensions, Contractor shall obtain and
maintain insurance according to the following specifications:
a. Commercial General Liability - with the following as minimum requirements:
$3,000,000 — Each Occurrence (Total Limit)
Occurrence Form Policy
Broad Form Property Damage
Premises/Operations
Independent Contractors
Products and Completed Operations
(Blanket) Broad Form Contractual
Personal Injury - Delete Contractual Exclusion
b„ Workers' Compensation - as required by law and $500,000 Employer's Liability;
c. Automobile Liability and Property Damage - $1,000,000 each occurrence, including
coverage for all owned, hired and non-owned vehicles including No Fault coverage as required
by law;
d. Professional Liability/Errors & Omissions Insurance - with minimum limits of $1,000,000
per claim and $1,000,000 dollars aggregate.
1 General Certificates of Insurance:
a. All Certificates of Insurance shall contain evidence of the following conditions and/or
clauses and shall be sent to: The County of Oakland and County Agents, Oakland County
Purchasing Division, 2100 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328-0462 or
fax 248-858-1677.
b. All Certificates are to provide 30 days written notice of cancellation. Certificates of
Insurance or insurance binders must be provided no less than ten (10) working days before
commencement of work to the Oakland County Purchasing Division. Insurance carriers are
subject to the approval of Oakland County.
[2010-0128]
OAKLAND COUNTY COMPLIANCE OFFICE— PURCHASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 18
CAKIANDY-
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
EXHIBIT II: SCOPE OF CONTRACTOR'S SERVICES
A. EXTENSION EDUCATOR
1. Contractor will provide at least one Full Time Equivalent Contractor Employee[s] who will
act as a consultant and will be assigned to Oakland County. This Contractor Employee(s)
shall be referred to as the "Extension Educator(s)."
2, Contractor through its assigned Extension Educator(s) will provide consulting services as
well as access to programs in all four Extension Educational Program Institutes listed below
for residents in Oakland County. Contractor shall also provide access to Educators
appointed to the Institutes and MSU faculty affiliated with each Institute to deliver core
programs.
• Enhancing Michigan's First Green Industry: Agriculture & Agribusiness
• Preparing Michigan's Children & Youth for the Future
• Greening Michigan: Leveraging Natural and Human Assets for Prosperity
• Improving the Health & Nutrition of Michigan's residents
B. 4-H PROGRAM COORDINATOR
Contractor will provide one Contractor Employee who will act as a consultant and will be
assigned to Oakland County, This Contractor employee shall be referred to as the "4-H
Program Coordinator."
2. The 4-H Program Coordinator consulting services shall include managing, planning,
coordinating, and evaluating a comprehensive 4-H Youth Development Program and the
related volunteer development and management.
3. The Program Coordinator will be responsible for developing programs in conjunction
with the interest and input of program participants and community partners. Key functions
include instruction, coordination, and management of youth development efforts carried out
with and through 4-H volunteers.
4. The 4-H Programming Coordinator will also provide a quarterly summary and evaluation of
the current number of volunteers and the current plan of volunteer recruitment and
development
5. The 4-H Program Coordinator will also coordinate the efforts of County Agents assigned to
assist Contractor on 4-H related projects or Education Institutes. The 4-H Program
Coordinator may advise the appropriate County Agent regarding any personnel matters that
affect its performance of any of its obligations under this Contract.
OAKLAND COUNTY COMPLIANCE OFFICE —PURCITASING
PROFESSIONAL SERVICE CONTRACT NUMBER 003944
Page 19
erOAKIANDr
COUNTY MICHIGAN
L. BROOKS PATTERSON-COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
6. Contractor shall report any employee position changes or vacancies in the 4-H Program
Coordinator position to the Oakland County Director of Public Services.
C. REPORTING
I. Quarterly Reporting
1,1 Contractor will provide a quarterly report summary and supporting documents of
services provided, the audience served, and the impacts of the programs and
activities provided by Contractor's Extension Educators and the 4-H Program
Coordinator in Oakland County. Supporting documents will include a "sign in sheet"
from each event with the title of the program, date and location of the activity,
names of the participants who attended, and the Extension Educators who provided
the programming
12 Each quarter, Contractor will provide a planned schedule that outlines the activities
and programming of the Extension Educators and the 4-11 Program Coordinator
proposed for the next quarter in Oakland County. This will include the names of the
programming events, locations, and dates of the scheduled activities.
2. Yearly Summary
2.1 After the fourth quarter, Contractor will provide a summary of yearly activities and
programs that includes program names, purpose, locations, and dates.
2.2 The Yearly Summary will include participation numbers of all programs held for the
year with an analysis of total participation for the period of either an "improving",
"neutral", or "declining" attendance of each activity,
2.3 The Yearly Summary shall include a summary and evaluation of the current number
of volunteers and the plan of volunteer recruitment and development over the next
12 months.
msu
contract a Grant Admit)
UN 28 2014
RECEIVED
OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING
PROFESSIONAL SERVICE, CONTRACT' NUMBER 003944
Page 20
COAKLANDV,
COUNTY MICHIGAN
L. BROOKS PATTERSON - OAKLAND COUNTY EXECUTIVE
OAKLAND COUNTY PURCHASING
Public Services JPD
AMENDMENT / CHANGE ORDER
OF CONTRACT 003944
AMENDMENT 01
AMENDMENT DATE June 2, 2014
This AMENDMENT! CHANGE ORDER OF CONTRACT (hereafter this "Amendment') is made and entered
into by and between the Contractor named and Identified below, (hereafter "Contractor) and the COUNTY
OF OAKLAND (hereafter "County") whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328,
CONTRACTOR ADDRESS
MICHIGAN STATE UNIVERSITY CONTRACT AND GRANT ADMINISTRATION
301 ADMINISTRATION BLDG
EAST LANSING, NH 48824
Vendor: 947
The County and Contractor agree and acknowledge that the purpose of this Amendment is to modify as
provided herein and otherwise continue the present contractual relationship between the Parties as
described in their current contract with the same contract number as above.
In consideration of the extension of the mutual promises, representations, assurances, agreements, and
provisions in the Contract and this Amendment, the adequacy of which is hereby acknowledged by the
Parties, the County and Contractor hereby agrees to amend the current Contract as follows:
1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract
between the parties will apply equally to and throughout the amendment.
2.0 The Parties agree that any and all other terms and conditions set forth in the current Contract
between the Parties shall remain in full force and effect and shall not be modified, excepted,
diminished, or otherwise changed or altered by this Amendment except as otherwise expressly
provided for in this Amendment.
3.0 Description of Change:
Add $737406.00 to the contract Not to Exceed amount.
The Contract NTE will change from $142,119.00 to $215,525.00.
AMENDMENT / CHANGE ORDER OF CONTRACT 003944
Page 1 Rev 2012:11,21
MICHIGAN STATE UNIVERSITY
SIGN:
froAKLAND.---- L. BROOKS PATTERSON - OAKLAND COUNTY EXECUTIVE
OAKLAND COUNTY PURCHASING COUNTY MICHIGAN
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in the Contract and this Amendment, and for other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
undersigned hereby execute this Amendment on behalf of the County, and Contractor and by doin g
so leg ally obligate and bind the Count y and Contractor to the terms and conditions of the Contract
and this Amendment.
FOR THE COUNTY OF OAKLAND: FOR THE CONTRACTOR:
Pamela L. Welpert, CPA CIA
Compliance Officer
Or
Scott N. Guzzy, CPPO, MBA
Purchasing Administrator
Daniel T. Even, Director Print Natnr4 -uontract & Grant AdmIhi§11.4:-.1-
Michigan State UtilvtrAliv
Title
msa, E-Dlk
Email Address
DATE: 6
DATE:
AMENDMENT! CHANGE ORDER OF CONTRACT 003944
Page 2
CLA
Rev 2012,11.21
Resolution #14242 October 8, 2014
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
FISCAL NOTE (MISC .#14242) October 23, 2014
FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: PUBLIC SERVICES DEPARTMENT/MSU EXTENSION — MODIFICATION OF A PROFESSIONAL SERVICES
CONTRACT FOR 4-H YOUTH DEVELOPMENT COORDINATOR POSITIONS AND EDUCATIONAL PROGRAMMING
SERVICES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and
finds:
1) Over the past few years MSUE has assessed their mission and developed a new organizational structure
they feel will best service the public in the future, while containing costs.
2) In Miscellaneous Resolution *13250 the MSU Extension Division-Oakland County left one position vacant
for a one year trial to develop a professional services contract for one 4-H Youth Development Coordinator
and because this trial was successful, the division wishes to extend the professional services contract to
include FY 2015-2017.
3) Also due to the successful trial, an additional County-funded 4-H Youth Development Program Coordinator
position (#1070501-02170) in MSU Extension Division/Public Services-Oakland County is proposed to
remain vacant in order to contract an additional MSUE provided 4-H Youth Development Coordinator and
this contract position would be good for FY 2015-2017.
4) The professional services contract will also include Educational Programming services provided by MSUE.
5) The professional services contract term will be 10/01/2014 through 09/30/2017, with a not-to-exceed amount
of $580,680. The MSU 4-H Youth Development services for the two Program Coordinator positions total
$395,550 for FY 2015-FY 2017 ($127,000 for FY 2015, $131,000 for FY 2016, and $137,550 for FY 2017).
Educational Programming services total $185,130 for FY 2015-2017 ($61,710 per year).
6) The FY 2015 savings for contracting the two (2) 4-H Youth Development Program Coordinators' services is
$8,100 which represents the difference in cost between the County's two (2) 4-H Youth Development
Program Coordinator positions (#1070501-01787 and #1070501-02170) of $135,100 and the cost of
contracting the service from MSUE at $127,000. The FY 2016 savings and the FY 2017 savings are $6,199
and $718 respectively.
7) The two (2) Oakland County 4-H Youth Development Program Coordinator positions (#1070501-01787 and
#1070501-02170) will remain vacant through the term of the professional services contract.
8) The professional services contract has been reviewed and approved by the Oakland County Compliance
Office in accordance with Oakland County Purchasing Policies and Procedures.
9) The following budget amendment is recommended to the FY 2015-2017 Budget:
FY 9015 FY 2016 FY 2017
General Fund (10100)
Revenues
9010101 196030 665882 Planned Use of Fund Balance $ (8,100) $ (6,199) $ (718)
Total Revenues $ (8,100) $ (6,199) $ (718)
Expenditures
9090101 196030
9090101 196030
1070501 131030
1070501 131030
1070501 131030
1070501 132110
1070501 132120
1070501 174000
1070501 174180
1070501 131030
740142
740065
702010
722900
730226
730226
730226
730226
730226
730324
Salary Adjustment Reserve
Fringe Benefit Reserve
Salaries Regular
Fringe Benefit Adjustments
Car Allowance
Car Allowance
Car Allowance
Car Allowance
Car Allowance
Communications
$ (75,534) $
$ (59,566) $
$ (6,400) $
(800) $
$ (10,800) $
$ (3,000) $
$ (1,000) $
(580) $
(1,511) $
(588) $
(75,534) $
(59,566) $
(6,400) $
(800) $
(10,800) $
(3,000) $
(1,000) $
(580) $
(2,281)
(887)
(75,534)
(59,566)
(6,400)
(800)
(10,800)
(3,000)
(1,000)
(580)
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
1070501
174000
131030
132110
132120
174000
174160
174180
174170
131030
132110
132120
131030
132120
174000
174170
174000
174000
174000
174120
174140
131030
174170
174000
174000
174000
730646
731213
731213
731213
731213
731213
731213
731241
731339
731339
731339
731346
731346
731346
731346
731388
731458
731458
731626
731818
732018
732018
750063
750392
750399
Equipment Maintenance
Membership Dues
Membership Dues
Membership Dues
Membership Dues
Membership Dues
Membership Dues
Miscellaneous
Periodicals Books Publ Sub
Periodicals Books Publ Sub
Periodicals Books Publ Sub
Personal Mileage
Personal Mileage
Personal Mileage
Personal Mileage
Printing
Professional Services
Professional Services
Rent
Special Event Program
Travel and Conference
Travel and Conference
Custodial Supplies
Metered Postage
Office Supplies
Total Expenditures
(158)
(500)
(100)
(140)
(150)
(75)
(110)
(500)
(75)
(85)
(150)
(500)
250
$ (1,894)
250
$ (13,433)
$ 59,010
$ 127,000
(300)
$ (1,300)
$ (3,050)
300
(50)
$ (7,255)
$ (7,405)
$ (8,100)
(158)
(500)
(100)
(140)
(150)
(75)
(110)
(500)
(75)
(85)
(150)
(500)
250
$ (1,894)
250
$ (13,433)
$ 59,010
$ 131,000
(300)
$ (1,300)
$ (3,050)
300
(50)
$ (7,255)
$ (7,405)
$ (6,199)
(158)
(500)
(100)
(140)
(150)
(75)
(110)
(500)
(75)
(85)
(150)
(500)
250
$ (1,894)
250
$ (13,433)
$ 59,010
$ 137,550
(300)
$ (1,300)
$ (3,050)
300
(50)
$ (7,255)
$ (7,405)
(718)
Resolution #14242 October 23, 2014
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Gershenson, Gingen, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Dwyer. (20)
NAYS: None, (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HOMY APPROWTHIS RESOLUTION
CHIEF DEPUTY COUNTY ExEcurw
ACTING PURSUANT TO MCL 45.55914 (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 October 23,
2014, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 23 rd day of October 2014.
Lisa Brown, Oakland County