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HomeMy WebLinkAboutResolutions - 1995.05.25 - 24564GENERAL GOyETMENT COMMIi/TEE MISCELLANEOUS RESOLUTION # 95155 BY: General Government Committee - Kay Schmid, Chairperson IN RR: Board of Commissioners - Award of Professional Services Contract for Government Relations Consulting Firm To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS issues periodically arise before the Governor and the State Legislature which have significant impact to local units of government within the State of Michigan; and WHEREAS within the past year, several such issues have been debated at the state level which have far reaching consequences for the citizens of Oakland County; and WHEREAS although County Commissioners have access to the Governor and members of the State Legislature and, therefore, have a limited ability to present their views on these vital issues impacting Oakland County residents, a more intensive, coordinated and focused legislative consulting effort is necessary to sufficiently inform government officials at the State of the concerns of the Board of Commissioners regarding proposed laws, statutes, public acts, regulations, and executive and administrative orders; and WHEREAS the Board of Commissioners has requested proposals from qualified government relations consulting firms to actively represent the interests of the Board before the Governor and the State Legislature; and WHEREAS upon evaluation of proposals and completion of firm interviews, the review committee is recommending that the attached three-year professional services contract be awarded to Larsen &Associates, Inc. of Southfield, Michigan with the terms and conditions as stated therein. NOW TwmwTnIRE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an award of the attached contract to the firm of Larsen & Associates, Inc. of Southfield, Michigan, for the purpose of actively representing the interests of Oakland County as determined by the Board of Commissioners on those issues before the Governor and the State Legislature, including, but not limited to, proposed laws, statutes, public acts, regulations, and executive and administrative orders, that the Board deems appropriate. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized to execute the attached professional services contract on behalf of the Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. BOARD OF COMMISSIONERS ACCOUNT # HMC • CONTRACT COUNTY OF OAKLAND DEPARTMENT OF MANAGEMENT AND BUDGET Purchasing Division Req. # PSC # PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made this 1st day of June, 1995, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called "County", and LARSEN & ASSOC. INC, A MICHIGAN CORPORATION, 29100 NORTHWESTERN HWY., STE. 250, SOUTHFIELD, MI 48034, hereinafter called "Contractor". 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 shalt retain Contractor as an Independent Contractor, with the parties agreeing to the following terms and conditions: Scope of Work: 1. The Contractor shall actively represent the interests of Oakland County as determined by the Board of Commissioners before the Michigan Legislature and the Governor on those issues deemed appropriate by the Board of Commissioners, including, but not limited to, proposed laws, statutes, public acts, regulations, and executive and administrative orders. 2. The Contractor acknowledges and agrees that he/she will not perform services for the County until such time as the Board of Commissioners has formally authorized such services in the manner prescribed by the Board's policy for the initiation of lobbyist activity, All such services performed by the Contractor prior to formal authorization by the Board of Commissioners shall be at the expense of the Contractor and not subject to payment or reimbursement by the County. 3. On those issues which the Contractor has been authorized to work on behalf of the Board of Commissioners, the Contractor shall have a continuing duty to disclose to the chairperson of the Board of Commissioners the names of all clients of the Contractor for which services are being rendered promoting an opposing or conflicting position from that advocated by the Board of Commissioners. Such disclosure shall occur within five days of being discovered by the Contractor. In the event that a conflict of interest is determined by the Chairperson to exist, the Chairperson may decide not to utilize the Contractor on the relevant issue, or may terminate the Contractor's activities on the relevant issue if the Contractor had been activated. 4. The Contractor shall coordinate with the contract administrator: Chairperson of the Board of Commissioners. NON-DISCRIMINATION In connection with the performance of Work under this contract, the Contractor 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. The County agrees that it will; I. Pay to the Contractor the sum of $85.00 per billable hour during the term of this contract. The annual expenditure against this contract shall not exceed $30,000.00. The chairperson of the Board of Commissioners shall be authorized to approve expenditures in a given fiscal year up to 15 percent in excess of this amount with a subsequent report to the Board of Commissioners. The County reserves the right to make partial payments on account of the amount due the Contractor as the work progresses. On or before the 15th of each month the Contractor shall submit to the Contract Administrator an itemized invoice for payment for the work performed during the preceding month. The County shall have no obligation to make payment until a proper invoice of service is submitted. 1. The County has the right, as its option, to terminate this agreement, upon thirty days written notice to the Contractor. The County's obligation in the event of termination is for payment for actual services rendered until the Contractor is notified of termination, or for services actually rendered during the period of notice after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than 30 days at the time notice of termination is given. 3. The Contractor has the right, as its option, to terminate this agreement by giving written notice to the County in the event the County defaults in the performance of the agreement, or breaches any term of this agreement. A default in performance and/or breach of this agreement shall include, but is not limited to the following: (0 failure to cure a default in payment within 30 days after Contractor provided written notification of default. IT IS MUTUALLY AGREED AND UNDERSTOOD: 1. The Contractor has represented to the County the following facts as an inducement to enter into this agreement and declares such statements to be true: - Contractor warrants that all services performed hereunder will be performed in a manner that complies with all statutes, regulations, ordinances, professional standards applicable to the services provided; The Contractor pays, and will continue to pay, its own local, stale and federal taxes, including without limitation, social security taxes, and unemployment compensation taxes, and will file its own annual and/or quarterly tax returns with the proper federal, state and local authorities; The Contractor will provide and maintain its own worker's compensation insurance, general liability insurance, automobile insurance and medical malpractice insurance as may be needed; The Contractor maintains and will continue to maintain all applicable business and professional licenses necessary to provide the services contracted for; - That Contractor maintains a business office at the address listed above; - That the Contractor will not seek employment as an employee of the County during the term of the contract; - That the Contractor has undertaken a significant investment in its business and in the good will of its enterprise; - That nothing in this agreement is intended to establish an employer- employee relationship with the County. 2. That the Contractor's relationship to the County is that of an Independent Contractor. This Contract shall not cause the County to be liable for, or Contractor to accrue, benefits such as, but not limited to, Worker's Compensation, retirement, pension, vacation pay, sick pay, merit increases, annual leave days, promotion, disability pay, insurance of any kind, or any other rights or liabilities arising out of a contract of hire or employer-employee relationship. 3. The Contractor shall indemnfy and hold the County harmless from any and all actions, liabilities, claims, loss and damage (including costs of litigation and actual attorney fees) alleged to have been caused by, or to have arisen, directly or indirectly, from the acts, performances, negligence, malpractice, errors or omissions of the Contractor or the Contractor's assistants, employees or agents, including without limitation, all claims relating to injury or death of any person or damages to any property. 4. Pursuant to the provision of Public Act 317 or 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 employee or officer of the County. To avoid any real or perceived conflict or interest, the Contractor shall identify any relative or relative of the Contractor's employees and subcontractor who are presently employed by the County. Nothing contained in this provision limits or is intended to limit in any way the Contractor's right to offer and provide its services to the general public or other business entities, municipalities or governmental agencies, during or after the term of this agreement, or from working for more than one firm, entity or agency during the term of this agreement. The Contractor may provide services to others during the periods when the Contractor is not engaged in performing services for the County. This agreement is a non-exclusive agreement, and the County may engage other independent contractors to perform the same work which the Contractor performs. 5. This contract does not authorize any in-kind services unless previously agreed by the County and specifically listed herein. 6. The Contractor shall allow the County's Auditing division to perform financial and compliance audits as the County deems appropriate with the authority to access all pertinent records and interview any of the Contractor's employees throughout the term of the Contract and for a period of three years after final payment to ensure a complete post- evaluation of services. 7. The Contractor is responsibk for providing equipment and supplies not otherwise provided by the County. 8. The Contractor shall have the right and duty to exercise control and supervision over the immediate job site and work area where the Contractor's services are rendered to the extent necessary to accomplish the job speccations/services set forth in this Agreement. 9. In the event the Contractor is unable to perform the job specifications/tasks as required under this Agreement at the lime (or for any period of time) in which performance is due, the Contractor remains solely responsible for continued performance. The Contractor must notify the contract administrator in the event Contractor is unable to perform such services when due. Any and all assistants employed by the Contractor are employed at the Contractor's own expense (including taxes and insurance) and the Contractor remains solely responsible for and fully liable for the conduct and supervision of any assistant it employs. Contractor warrants that any services performed by Contractor's assistants shall fully comply with the terms of this agreement and shall be of the same quality of service as Contractor has customarily provided to the County. All assistants employed by the Contractor shall be deemed employees of the Contractor and not employees, agents or sub-contractors of the County. 10. The Contractor shall be responsible and liable for all costs and expenses incident to the performance of services for the County including, but not limited to professional dues, association fees, license fees, fines and penalties. The County shall not be liable for any expenses incurred by the Contractor in performing services for the County. 11. While the Contractor retains the right to perform services at any time, any services which require access to County facilities may only be performed during the County's regular business hours. 12. This Contract shall become effective on the day and date first above written, and shall terminate on the 31st day of May, 1998. The Contractor is not guaranteed any right or preference to a continuation of this Contract The Count), of Oakland, however, reserves an option to extend the expiration of this agreement, contingent upon consent of the Contractor, up to two additional years. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates hereunder indicated. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESS Oakland County Purchasing (Date) Contract Administrator (Date) WITNESS Individual Contractor (Federal Tax LD./S.S. #) (Date) I. FISCAL NOTE (misc . #95155) BY: FINANCE AND PERSONNEL COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: BOARD OF COMmISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENTAL RELATIONS CONSULTING FIRm MISCELLANEOUS RESOLUTION 405xxx TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-G of this Beard, the Finance and Personnel Committee has reviewed Miscellaneous Resolution 495155 and finds $30,000 available in the 1995 Board of Commissioner's Budget - Professional Services line-item, to cover the cost of this agreement. FINANCE AND PERSONNEL COMMITTEE Resolution #95155 May 25, 1995 Moved by Schmid supported by McCulloch the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (23) NAYS: Holbert, McPherson. (2) 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, 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 May 25, 1995 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 25th daytpj.41ay 1 5;11,ay 110ZE, D. Allen, County Clerk