HomeMy WebLinkAboutResolutions - 1996.09.12 - 24910• MISCELLANEOUS RESOLUTTON_# 96192 August 29, 1996
BY: General Government Committee - Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO PROFESSIONAL SERVICES CONTRACT
WITH LARSEN & ASSOCIATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on June 1, 1995, the Board of Commissioners authorized entering
into a contract with Larsen & Associates, hereinafter called "Contractor", to
actively representing the interests of Oakland County, as determined by the Board
of Commissioners, before the legislature and the Governor on pending laws,
statutes, public acts, regulations, and executive and administrative orders; and
WHEREAS the County agreed that it would pay the Contractor the sum of $85
per billable hour during the term of the contract with an annual expenditure
limit of $30,000.00; and
WHEREAS based upon itemized invoices for first year of the Contract, it
appears that the current annual expenditure limit as specified in the contract
will be insufficient to compensate the Contractor at a level commensurate with
expected billable hours incurred; and
WHEREAS the Board of Commissioners and the Contractor are interested in
amending the professional services contract to establish a monthly retainer in
lieu of the current -$85.60 per billable hour provision; and
WHEREAS the Board of Commissioners and the Contractor have mutually
concurred that the monthly retainer be set at $4,000.00 for the remaining term
of the contract which shall entitle the Board of Commissioners to a claim on
the Contractor's services in case of need.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes that the services of Larsen &Associates be maintained under a monthly
retainer in the amount of $4,000,00 for the remaining term of the contract, that
Section D. Of PP-070 be waived, and that the professional services contract
(P00247) be amended by deleting paragraph #1 on page two and replacing it with
the following:
1.Pay to the Contractor a monthly retainer in the amount of S4,000.00,
which shall entitle the Board of Commissioners to a claim on the
Contractor's services in case of need in accordance with the provisions of
the contract. This retainer shall be paid in monthly installments, the
first commencing upon receipt of the invoice for services rendered for
September, 1996, and continuing for the remaining term of this Contract.
On or before the 15th of each month, the Contractor shall submit to the
Contract Administrator, an itemized listing of the work performed on the
behalf of the County for the preceding month. The County shall have no
obligation to make future payments until a proper itemized listing is
submitted.
BE IT FURTHER RESOLVED that the following paragraph be included in the
contract as paragraph #4 on page three:
4.In the event that either party invokes the termination procedures as
outlined in paragraphs 2 and 3 above, the Contractor shall reimburse the
County an amount equal to the number of days in the month for which no
services are rendered by the Contractor on behalf of Oakland County
divided by the total number of days in that month. The County shall have
no obligation to make future payments in the event that the contract is
terminated by either party.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
OAKLAND
COUNTY MICHIGAN
,1•n•nn
CONTENTS: PR-070 PROCUREMENT DOCUMENTS
REVISION DATE: 7/91 I EFFECTIVE DATE: 8-86
L. BROOKS PATTERION, COUNTY EXECUTIVE
TITLE: Oakland County Purchasing Procedures
Joseph M. Hylla
Manager
APPROVED BY: Robert J. Daddow .
I. Purpose
To provide guidance and definition for the different types of orders used by Oakland
County in procurement of goods and services.
Scope,
Applies to all County-procurement of goods and services.
•
Procedure
After specification development, competitive bidding and bid evaluation, an order is
normally processed for goods and/or services. The type of order processed is
determined by the type of commodity or service required and the term or period the
purchase will be made. Types of orders are listed below with their particular criteria
for usage.
A. Purchase Orders are normally processed for a one time purchase of material and
equipment used.
B. Blanket Orders are normally processed where material or equipment will be
procured on a frequent or repetitive schedule. This order normally covers an
annual period for specific items at unit prices. In many instances, blanket orders
include more than one using department. Blanket orders promote volume
purchases and expedite department needs. Blanket orders that cover equipment
purchases normally require separate releases.
C. Maintenance Contracts are used for procuring outside services or goods and
services in combination. In procurement of services on County premises,
precautions protecting against negligence by the contractor must be taken.
Maintenance contracts differ from purchase orders or blanket orders as follows:
I. Contractor must sign before Purchasing signs and delivers.
2. Workmans compensation insurance and liability insurance must be on file
prior to signature by Purchasing.
3. Additional terms and conditions must be carried out as required by the
service provided. ie. permits or inspection required, etc.
L. Major contracts, where extensive department involvement is required,
must also be approved by the using division before processing.
TITLE: OAKLAND COUNTY PURCHASING PROCEDURES
Joseph M. Hylla
froAKILANDar_
COUNTY IIAICHIGAN
CONTENTS:PP-070 PROCUREMENT DOCUMENTS
L. BROOKS PATTEF,SON, COUNTY EXECUTIVE
Manager
REVISION DATE: 7/91 I EFFECTIVE DATE: 8/86 APPROVED BY: RobertJ.Daddow
D. Professional Service Contracts are used for procurement of
professional services such as doctor, lawyer, nurses, architects,
engineers, pUblic relation firms, accountants, facility managers,
consultants, etc. Depending on the type of service required or the
liability incurred, Purchasing may require sufficient insurance
limits to cover items such as malpractice, etc. Professional service
contracts are signed by Purchasing, awarded vendor, contract
administratot and the using department. ALL PROFESSIONAL SERVICE
CONTRACTS SHOULD CLEARLY DEFINE THE COSTS TO BE PAID TO THE
CONTRACTOR. IN ADDITION TO A TOTAL AMOUNT OR EXPENDITURE, (SUCH AS A
"NOT TO EXCEED" AMOUNT) A SPECIFIC HOURLY RATE SHOULD BE INCLUDED. IF
APPLICABLE, A COMPLETE SCHEDULE OF LABOR CHARGES MAY BE PROVIDED BY
THE CONTRACTOR. IN ANY EVENT, SPECIFIC HOURLY RATES MAY BE REQUIRED
IN THE CONTRACT DOCUMENT. THE PURCHASING DIVISION RESERVES THE RIGHT
TO WITHHOLD CONTRACT AUTHORIZATION WHEN, IN ITS OPINION, THE PRICING
INFORMATION DOES NOT PROVIDE SUFFICIENT DETAIL.
E. Change Orders are used as supplements to the above. Changes are
requested by the using Divisions and specify price changes,
specification changes, shipping charges, delivery charges, payment
term changes, etc. These are processed internally to Accounting,
using Department, Property Records and Purchasing.
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Larsen and Associates, Inc.
Professional Services Contract #P00247
Billing Analysis
June, 1995-May, 1996
1995
June
July
August
September
October
November
December
Total
Avg. Per Month 1995
1996
January
February
March
April
May
Total
Avg. Per Month 1996
Annualized
$1,678.75
$1,657.75
$1,445.00
$2,210.00
$3,017.50
$3,230.00
$3,400.00
$16,639.00
$2,377.00
$4,037.50
$4,972.50
$5,312.50
$5,100.00
$5,737.50
$25,160.00
$5,032.00
$60,384.00
Grand Total To Date
Annual Maximum (1)
Remaining Funds (1)
Avg. Per Month To Date $3,278.32
Budgeted Per Month (1) $3,500.00
Variance $221.68
Months to Exhaust Funding
At 1996 Avg. Billing Pace (1) 8
Months to Exhaust Funding
At Avg. Billing Pace To Date (1)
Notes:
(1) Per Change Orders dated 5/96 and 7/96.
$41,799.00
$42,000.00
$201.00
13
Larsen and Associates, Inc.
Monthly Billings 6/95-5/96
9'4
AvAlim 1r iplummiir ; PravAlow IrFP II
rA Al A A A A A A
For
will1 IT
!!!
A A A AP
$6,000
$5,000
$4,000
$3,000
$2,000
$1,000
SO
June August Odober December February APril July September November January Mardi May
• Monthly Billings III Avg. Per Month To Date III Budgeted Per Month (I) D Avg. Per Month By Year I
----- L. BROOKS PATTEI1SON -.COUNTY EXECUTIVE
COAKIANDW OAKLAND COUNTY
COUNTY MICHIGAN PURCHASING DIVISION
CONTRACT CHANGE ORDER
'CONTRACT NO PROJECT NO & TITLE CHANGE ORDER DATE
P00247 7/15/96
CONTRACTOR'S NAME LARSEN & ASSOC INC WORK ORDER NO. A MICHIGAN CORPORATION
ADDRESS: 29100 NORTHWESTERN HWY CHANGE OROER NO. STE 250 #2 SOUTHFIELD, MI 48034
Your proposal for making the folloiving changes from the contract documents for this project is hereby accepted.
Please amend the above contract to increase the NTE from $41,000 to
$42,000.
(represents the interests of the Board of Commissioners before
the Michigan Legislature and the Governor).
CONTRACT SUMMARY:
Original Contract Amount $
Previous Change Order $
This Change Order $
New Contract Amount $ 42, n n ct .a o
The amount of the contract will be (increased, decreased) in the sum of .ett.e___t_it,trtmetrel___attd__ee.74..e_
Dollars, $ 1 . nrm nn
with (increase, decrease, no change) in the contract time of calendar days.
APPROVALS
X -4: 1 ic DATE
DIVISION Joseph M. Hylla/n1 1
,T. _ I. __.
DEPARTMENT Board of Commissioner'
OWNER
WHITE - Department/Owner YELLOW - Accounting GOLDENROD - Field Inspector GREEN - Contracior PINK - Purchasing n.ri , IOW
L. BROOKS PATTP.RSON – COUNTY EXECUTIVE
IMMIIIIONNO•10
Ca%KI A IN Dir - OAKLAND COUNTY
C OUNTY MICHIGAN PURCHASING DIVISION
CONTRACT CHANGE ORDER
CONTRACT NO PROJECT NO & TITLE CHANGE ORDER DATE
P00247 5/6/96
CONTRACTOR'S NAME
LARSEN & ASSOC. INC WORK ORDER NO
29100 NORTHWESTERN HWY
ADDRESS: STE 250 CHANGE ORDER NO.
SOUTHFIELD, MI 48034 #1
Your proposal for making the following changes from the contract documents for this project is hereby accepted.
Please amend the above contract to increase the annual NTE from $30,000
to $41,000.
CONTRACT SUMMARY:
Original Contract Amount $
Previous Change Order $
This Change Order $
New Contract Amount $ 41,000
The amount of the contract will be (increased, decreased) in the sum of Eleven Thousamd and
00/100 Dollars, $ 11,000.00 —
with (increase, decrease, no change) in the contract time of calendar days.
APPROVALS DATE
DIVISION dit ..AIL•41... A
/
/ __ 04 -es
DEPARTMEN , c • Jose.h M. H 11a/n1
OWNER i
Board of Commissioners
WHITE - OspartmentiOvmer YELLOW - Accounting GOLDENROD - Plaid Inspector GREEN - Contractor PINK - Purc Tau We
Req. #21 P00247
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1111110AMANDIT
COUNTY MICHIGAN
CEIROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
•••
BOARD OF COMMISSIONERS
4-10100-511-02-00-3128
JMH
CONTRACT
COUNTY OF OAKLAND
DEPARTMENT OF MANAGEMENT AND BUDGET
Purchasing Division
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 shall 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 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.
COAKLAND
L. BROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION COUNTY UICHIGAN
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 disclose to the chairman of the Board of
Commissioners the names of all clients which hold a substantially different view from the
Board of Commissioners. Such disclosure shall occur within ten days of being discovered by
the Contractor.
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:
1. 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 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 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
2. The County has the right, as its option, to terminate this agreement, upon thirty
days written notice, in the event the Contractor defaults in the performance of the agreement,
or breaches any term of this agreement. 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.
OAKLAND*
COUNTY MICHIGAN
L. BROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
•••••••••n•nn•••
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: (i) 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, state 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 indemnify 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
COAKLAND
L. BROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION COUNTY MICHIGAN
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 (NICL 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 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 responsiblefor 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 specifications/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 time (or for any period of time) in which performance
is due, the Contractor remains solely responsible for continued performance which includes,
but is not limited to, the retention of an assistant to substitute for and complete the
Contractor's services. 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.
• Caw, WINIMP
COUNTY MICHIGAN
MEM.. .!••
L. BROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
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.
WITNESS Individual Contractor
COAKLAND
COUNTY MICHIGAN
L. BROOKS PATTERSON - COUNTY EXECUTIVE
OAKLAND COUNTY
PURCHASING DIVISION
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
respective dates hereunder indicaterL
COUNTY OF OAKLAND, a
Michigan Constitutional
Corporation
WITNESS Oakland County Purchasing
(Date)
Conlract AelminIstraior
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(Date)
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(Federal Tax LII/S.S. #)
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FISCAL NOTE (M.R. #96192)
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO PROFESSIONAL SERVICES CONTRACT
WITH LARSEN & ASSOCIATES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel
Committee has reviewed the above referenced resolution and finds:
1. On June 1, 1995, the Board of Commissioners authorized entering
into a contract with Larsen & Associates to represent the
interests of Oakland County, as determined by the Board of
Commissioners, before the legislature.
2. The previous contract is for the sum of $85 per billable hour with
an annual expenditure of $30,000.
3. The amendment establishes a $4,000 monthly retainer for the
remaining term of the contract (May 31, 1998), effective September
1, 1996
4. The budget shall be amended for FY 1997, and FY 1997/98 (no
amendment is required for 1996)as follows:
Pon-Departmental Expense
4-10100-909-01-00-9900 Contingency
Proposed
FY 1997 1997/98
($10,125) ($12,465)
Board of Commissioners Program Evaluation,
4-10100-511-02-00-3128 Professional Services 10,125
$ 0
12,465
$ 0
FINANCE AND PERSONNEL COMMITTEE
Resolution #96192 September 12, 1996
Moved by Schmid supported by Wolf the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, McCulloch,
McPherson, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield, Holbert. (22)
NAYS: Law. (1)
A sufficient majority having voted therefor, the resolution was adopted.
DOB DT
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 September 12, 1996 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 12th day of Septephar 1996,
Lyn D. Allen, County Clerk