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HomeMy WebLinkAboutResolutions - 1998.04.23 - 25250MISCELLANEOUS RESOLUTION # 98061 April 2, 1998 BY: General Government Committee, Nancy Dingeldey, Chairperson IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO LARSEN AND ASSOCIATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS issues arise before the Governor and the State Legislature which have significant impact to local units of government within the State of Michigan; and WHEREAS over the past several years, several such issues have been debated at the state level which have far reaching consequences for the citizens of Oakland County; and WHEREAS County Commissioners need an increased ability to present their views on vital issues impacting Oakland County residents, providing a more intensive, coordinated and focused legislative consulting effort has been 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, per Miscellaneous Resolution 95155, awarded a contract to Larsen and Associates of Southfield, Michigan, to actively represent the interests of the Board before the Governor and the State Legislature; and WHEREAS this contract expires May 31, 1998, and the Board of Commissioners has been satisfied with the performance of Larsen and Associates; and WHEREAS Larsen and Associates is currently representing the Board of Commissioners in several ongoing matters. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an award of a 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 this contract shall be for an amount not to exceed $48,000.00 annually, to be paid in equal monthly amounts of $4,000.00, and that this contract shall terminate on May 31, 2001, unless otherwise agreed to by the parties; and BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized to execute the above referenced 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. GENERAL GOVERNMENT COMMITTEE OAKLAND L. Brooks Patterson, Oakland County Executive COUNTY MICHIGAN PURCHASING DIVISION DEPARTMENT OF MANAGEMENT AND BUDGET Joseph M. Hylla, Manager March 25, 1998 LARSEN & ASSOC. INC A MICHIGAN CORPORATION 29100 NORTHWESTERN HVVY SUITE 250 SOUTHFIELD, MI 48034 To Whom It May Concern: Enclosed please find one (1) copy of our Professional Service Contract #BP001608 dated March 25, 1998. Please sign the attached contract and have it notarized, and return it to this office at your earliest convenience. If you need a notary the Purchasing Department will notarize only if the signee is present. We will in turn sign the contract and return a fully executed copy of the contract to you. Thank you for your cooperation in this matter, If you have any questions please feel free to call. Sincerely, OAKLAND COUNTY PURCHASING Procurement Technician. nlh Enclosures EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 462 • PONTIAC MI 48341-0462 • (810) 858-0511 • FAX (810) 858-1677 0 - AD. n=1 COUNTY MICHIGAN L. BROOKS PATTERSON — COUNTY EXECUTIVE • OAKLAND COUNTY PURCHASING DIVISION BOARD OF COMMISSIONERS MFK OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET Purchasing Division PROFESSIONAL SERVICE CONTRACT NUMBER BP001608 Contract Expiration Date: 05/31/01 Contract - NOT TO EXCEED AMOUNT $144,000.00 PARTIES.. THIS CONTRACT, made this 25th day of March , between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called "County", and LARSEN & ASSOC. INC , hereinafter called "Contractor". §1 COUNTY OF OAKLAND 1200 N. Telegraph Road Pontiac, MI 48341-0047 (herein, and as further defined elsewhere in this Contract, the "County") LARSEN & ASSOC. INC A MICHIGAN CORPORATION 29100 NORTHWESTERN HVVY SUITE 250 SOUTHFIELD, MI 48034 38-3200908 (herein the "Contractor") 2 CONSIDERATION. In consideration of the mutual promises, obligations, representations, assurances, and agreements in this Contract, County and the Contractor each agrees to be bound by the terms and conditions in this Contract. § 3 SCOPE OF CONTRACT. 1. The Contractor shall actively represent the interest 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. All such services OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 1 13P001608.WPD n•nn••n.... 0 7"---==" COUNTY MICHIGAN L. BROOKS PATTERSON — COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 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 Commissions 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. § 4 CONTRACT TERM. The term of this Contract begins June 1, 1998 , and unless otherwise terminated earlier, or amended, ends 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. Except as otherwise expressly provided for herein, this Contract and/or any proposed amendments to this Contract, shall not be effective or binding, and no payments shall be due or made to Contractor for any Services until and unless: 4.1. 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. § 5 CONTRACTOR RELATIONSHIP 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. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 2 8P001638.WPO Coma COUNTY MICHIGAN • L. BROOKS PATTERSON — COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION § 6 INDEMNIFICATION 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 Contractor's assistants, employees or agents, including without limitation, all claims relating to injury or death of any person or damages to any property. § 7 CONFLICT OF INTEREST 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 of 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. § 8 IN KIND SERVICES This contract does not authorize any in-kind services unless previously agreed by the County and specifically listed herein. § 9 AUDIT 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. § 10 CONTRACTOR RESPONSIBILITIES The Contractor is responsible for providing equipment and supplies not otherwise provided by the County. 10.1 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. 10.2 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 OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 3 BP001608.WPD COUNTY MICHIGAN L. BROOKS PATTERSON — COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 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. 10.3 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 ACCESS TO COUNTY FACILITIES 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 CONTRACT AUTHORIZATION This Contract is signed by an authorized agent of the Oakland County Purchasing Division, as provided for in on the signature page of this Contract, who shall be the final signatory to this Contract and/or any amendment thereto. § 13 CONTRACT EXTENSION Except as otherwise expressly provided for in this section, the Parties are under no obligation to renew or extend this Contract after Contract Expiration Date. § 14 CONTRACT MODIFICATIONS: Any modifications to the contract must be in writing and agreed to by both parties: § 15 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. § 16 PAYMENT The County agrees that it will: Pay to the Contractor a $4,000.00 monthly retainer to be paid upon receipt of an itemized billing. The annual expenditure against this contract shall not exceed $48,000.00. 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. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 4 8P0016011.WPD 111"-• COUNTY MICHIGAN -. L. BROOKS PATTERSON — COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION § 17 CONTRACT TERMINATION 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. 17.1 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. § 18 GOVERNING LAWS This Agreement shall be governed by the laws of the State of Michigan. § 19 ENTIRE AGREEMENT. This Contract sets forth the entire Contract and agreement between the Parties concerning the subject matter hereof. In entering into this Contract, the Contractor acknowledges that it has not relied upon any prior or contemporaneous agreement, representation, warranty, or other statement by the County and/or any County Agent that is not expressly set forth in this Contract, and that any and all such possible, perceived or prior agreements, representations, understandings, statements, negotiations, understandings and undertakings, whether written or oral, in any way concerning or related to the subject matter hereof are fully and completely superseded by this Contract. It is further agreed that the terms and conditions herein are contractual and binding and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the Contractor and either the County, and/or any County, or Agent, in any way related to the subject matter hereof which affect any contractual relationship between the Parties except as expressly stated herein. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the County and the Contractor, and by doing so legally obligate and bind the County and the Contractor to the terms and conditions of this Contract. OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 5 BP001608.WPD OAKLANDT COUNTY MICHIGAN FOR THE CONTRACTOR: BY: • L. BROOKS PATTERSON — COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION DATE: appeared in person before me on this date and executed this Contract on behalf of the 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 the Contractor to fully and completely obligate and bind the Contractor to the terms and conditions of this Contract and any and all other documents incorporated herein by reference. also acknowledged before me having been provided with copies and having read and reviewed all Contract documents incorporated herein. Subscribed and sworn to before me on the day of , 1998. Notary Public County, Michigan My Commission Expires: FOR OAKLAND COUNTY PURCHASING: BY: DATE: Oakland County Purchasing Division BY: DATE: Contract Administrator nlh OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER BP001608 Page 6 BP031608.WPO FISCAL NOTE (M.R. #98061) April 23, 1998 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: BOARD OF COMMISSIONERS - AWARD OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO LARSEN AND ASSOCIATES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes an award of a three-year contract to Larsen & Associates, Inc. to actively represent the interests of Oakland County, as determined by the Board of Commissioners, on issues before the Governor and the State Legislature. 2. Larsen & Associates, Inc. held a contract for the previous three years which expires on May 31, 1998 and the Board of Commissioners has been satisfied with their performance. 3. The annual contract Not tc Exceed amount is $48,000. 4. Funds are currently budgeted and no budget amendment is needed. FINANCE COMMITTEE FINANCE: Motion carried unanimously on a roll call vote. Resolution #98061 April 2, 1998 The Chairperson referred the resolution to the Finance Committee. There were no objections. Resolution #98061 April 23, 1998 Moved by Dingeldey supported by Powers the resolution be adopted. AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Huntoon, Jacobs. (24) NAYS: Holbert. (1) 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 April 23, 1998 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 23rd day of April 1998. Lyn D. Allen, County Clerk