HomeMy WebLinkAboutMinutes - 1984.11.29 - 7303OAKLANI
Board Of :mers
MEETIN(
320
November 29, 1984
Meeting called ro order by irperson Richard R. Wilcox at 10.05 a.m, in the Courthour.:e
Auditorium, 1200 N. Telegraph Road, P, , lac, Michigan.
Invocation given by Thomas Law.
Pledge of Allegiance to the Flag.
Roll called.
PRESENT: Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson,
Richard Kuhn, Susan Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Neison, Olson,
Page, Peignoir, Poi-nick, Price, Reword, Wilcox. (26)
ABSENT: Geary, (1)
Quorum present.
Moved by Jackson supported by Moore the minutes of the previous meeting be corrected to
show the time of the Public Hearing for the Proposed 1985 Budget_ to be 8:00 p.m. instead c-,1 10:00
on December 13, 1984; and rhe minutes be approved as o)rrected.
A sufficient majority having voted therefor, the motion carried.
Moved by Moffitt supported by McConnell the agenda be approved as presented,
Moved by Rewold supported by Olsen the rules be suspended to consider the followinni , because
they proceeded through the Board's Committees out of sequence with the Board's rules:
PLANNING AND BUILDING
a. Sewer, Water and Solid Waste Division-Solid Waste Management Plan -State Grant Offer
FY 1985-85
b. Sheriff's Department Trusty Camp - Approval of Funding for Sewer Connection
PUBLIC SERVICES
e, Sheriff°7 Department Road Patrol - Act 516 - Grant Renewal Application October 1, 1985
to September 30, 195
Mr. Rewold also moved the agenda be amended to add the in
FINANCE COMMITTEE: She Department - Punitive Damages, Helen Robinson Vs Johannes Spreen
HEALTH AND HUMAN RESOURI1 Probate Court - Oakland Child Care Fund Budget
Vote on suspension of the rules:
AYES: Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson,
R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick,
Price, Rewold. (24)
NAYS: None, (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried.
Vote on agenda as amended:
A sufficient majority having voted therefor, the agenda, as amended, was approved.
John Dowson and John King requested to address the Board.
A sufficient majority havi
was adopted.
voted therefor, the resolution, with Fiscal Note attached,
321
Commissioners Minules Continued. November 29, 1984
Misc. 84306
By Ms. Hobart
IN RE: Sheriff's Department - APPROVAL OF SUPPLEMENTAL. FUNDING FOR TRUSTY CAMP SEWER CONNECTION
lei the Oakland County Board of Commissioners
MC, Chairperson, Ladies and Gentlemen:
WHLRLAS Miscellaneous Resolution 84259 adopted by the Board on October II, 1984, authorized
the construction of the Trusty Camp sewer connection; and
WHEREAS tha( construction, JI5 well as the Animal Care Center connection, are ready to he
put into service; and
WHEREAS by terms of our contract with the City of Auburn Hills authorized by Miscellaneous
Resolution 83323, we are obligated to pay one-Lime capital charges for the Clinton-Oakland Sewage
Disposal System amounting to $50,000 before such service can commence; and
WHEREAS a connection permit fee of $45 is also required; and
WHEREAS such service will save approximately $76,000 in annual operation and pumping
charges; and
WHEREAS $120,000 is available in the Utilities Section of the 1984 Capital Improvement
Program For this work;
NOW THEREFORE BE IT RESOLVED that $50,045 be and is hereby allocated to the Department
of Central Services to cover the cost of capital charges and permit fees.
Mr. Chairperson, on behalf of Ihe Planning and Building Committee, I move the adoption
of the Uaregoing resolution,
PLANNING AND BUILDING COMMITTEE
Anne M. Hohart, Chairperson
FISCAL NOTE
By Dr, Caddell
IN RE: Miscellaneous Resolution /784306 - Sheriff's Department Trusty Camp - APPROVAL OF SUPPLEMENTAL
FUNDING FOR SEWER CONNECTION
To the Oakland County Board oh Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 1184306 and finds a 51.1M not to exceed $50,045 for this purpose in the 1984 Capital
Improvement Program - Utilities Section Animal Care Center Treatment Project.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Hobart supported by Jackson the resolution., with Fiscal Note attached, be adopted.
AYES: Aaron, Caddell, Calandro, Doyon, Foley, For Gosling, Hobart, Jackson, R. Kuhn,
Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Bernick, Price,
Rewold, Wilcox, (24)
NAYS: None. (0)
Misc. 84307
By Ms. Hobart
IN RE: Sewer, Water and Solid Maste Division - SOLID WASTE MANAGEMENT ACT 641 GRANT FOR SOLID
WASTE MANAGEMENT PLANNING - FISCAL. YEAR 1984-85 AND CONSULTING ENGINEERING CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 641 of Public Acts of 1978, Solid Waste Management Act, offers for local units
of government the. opportunity to develop and implement solid waste management plans; and
WHEREAS a plan was approved by this Oakland County Board of Commissioners and by the requi5ite
number of municipalities in the county; and
WHEREAS the Director of the Michigan Department of Natural Resources approved the County plan
on July 28, 1983; and
WHEREAS Act 641 provides for802, state matching payment for plan preparation and implementation
to the extent state funding is available; and
WHEREAS approximately $49,076 in state funds is available to Oakland County for fiscal year
1984-85; and
WHEREAS the County of Oakland, in the process of implementing the plan needs certain con-
sulting engineering services as outlined in the at work program; and
WHEREAS the County of Oakland will need to supplement the state grant for activities de-
scribed in the work program with 202 in local funds; and
WHEREAS the County of Oakland must execute the attached Contract with the State Department
of Natural Resources not later than December 1, 1984 to receive fiscal year 1984-85 state planning
funds.
Commissionprs Minute- Continued. November 2q,
ri t
ot 31,1 3. ... led
in the _9,1
BE l; I , i ;II V ; ! i . ' ' r ur :her
reasonably ab-, 1; ,L : 0 1' or i f m [ • .cc
BE I :r• Llie
ment of NaturL1 1.-IIosed Fla C(rs • ' .n d also sho . k p; ;!F!,, Oaklar fit
Lxecutive .AiLpori/cd ,nd dim:Jed 1U 4.. 3 th ttach,d cGnsultip..j engineering
services by and he: ,:en the County 061 Oakland ar, Ump. and Mc H,, Inc.
ItLIT FURIHER RESOLVED that lhe maximum lee tor these consulting engineering services shall
not exceed SS9,h 11-5.00.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Report To The Planning and Building Committee
By Finance Committee
IN RE: Sewer, Water and Solid Waste Division - SOLID WASTE MANAGEMENT PLAN STATE GRANT OFFER - FISCAL
YEAR 19b4-85
The Finance Committee has reviewed the subject Solid Waste Management Plan - State Grant
Offer for Fiscal Year 1984-8!) and finds:
I) Act 641 of Public Acts of 1978, Solid Waste Management Act, provides for 80 tate matching
payments for plan preparation to the extent state funding is :Lvoilable;
2) Approximately 749,01C in --Aate funds is av -ilJthle to 0:-*!and County for bisca: Year 1984-85;
75) The County of Oakland, in the process of lat Ill 3,_I a ,d implementation , F the plan, will
expend monies which more than meet the 20,:. match re ruilk ci SI. . I Fi ,ca 1 :r 19d4-8 19:
4) lhe County of Oakland mtr,t enter into •1-) 3 il L 1 Sfa L..1 • ,La at of NaTural
Resources prior to December I, 1984, to receive his ,: 1 fi. r 1984-85 sI •Lc ;
5) Application or acceptance of this grarit ffcr does not 061leaL-• the CounL y beyond
September 30, 1985.
Mr. Chairperson, on behalt of the m I recom( . af the teregong .
report and refer:LI of the informaton contdin iii rh, Ii 1 1,13111 C,mniltee ip
accordance with MicelloPeon Resolution #8103, I I I F , in GI • f dppliceo.ion procedure.
FINLf COhil.T:EE
C. William Caddell, Chairperson
Copy of summary of work program on file in County Clerk's office.
CONTRACT between MICHI1 '61 DEPARTMENT Of NATURAL BEY), and County of Oakland, H,ic,higan
This contract becomes eff • live upon signing by both I,LHos and shall remain in force until the'duties
and responsibilities described herein and in Act 641 and the rules promulgated thereunder are completed
or until the contract is extinguished because ol 0 violaLion of the contract by the contractor or in
accordance with clauses i(c) and 2. Hereafter, County of Oakland, Michigan shall be known as Contractor,
and the Michigan Department ol Natural Resources shall be known as the State.
WHEREAS the Conlractor has been -Found by the Michigan Department of Natural Re5ources to be
eligible to receive funding tor Solid Waste Management Planning for Oakland County pursuant to the Solid
Waste Managemnt Act, A(t h41, Public Acls of 1978, as amended, and the rules promulgated thereunder.
The Contractor under the terms ot this contract, Act 641, and the rules promulgated therennoer, will
cooperate and assist in the development and preparation or the Solid Waste Management Plan, as described
in the work program, with the State. The Contractor hereby agrees and stipulates to undertake or par-
ticipate in the duties and respon5ibilities described herein and in the rules promulgated under Act 641.
The Contractor and the State agree to the following conditions:
1. General,
A. The 3. tractor shall perform the services required of a grantee by Act 641 and the rules
promulgated thereunder.
B. The Contractor shall secure the necessary personnel to perform the services required by
Act 641 and the rules promulgated thereunder and all personnel shall be employees or shall be under
the direct supervision of the Contractor. The Contractor shall accept responsibility For ond make
payments as reouired by law for workers' compensation insurance, social security, income tax deduc-
tions, unemployment compensation, and any other taxes or payroll deductions as required by law for
its employees. The above shall he the responsibility of any firm or individual employed under a sub-
contract.
C. As compensation for services rendered in the conduct of this cooperative program, and
in order for the contractor to effectively carry out the planning responsibilities designated under
Act 641 Lind the rules promulgated thereunder, financial assistance is available to eligible counties
under a grant 11 Ii' established under Act 641. Grants under this program will be awarded for County
Solid Waste Manauement Planning as detailed in Part 8 of the rules.
323
Commissioners Minutes Continued. November 29, 1984
The total grant awarded to the Contractor, the grantee tor Oakland County, for Fiscal
Year 821-85 is $40,076.00.
!enls will be made quarterly .0"tcr the contract and its terms have been accepted by
the Contr.-ft r, described in Part 8 of 0,, ru l e5 .
tn • •erly reimbursement wili hi sulstamiated by documents consitent with generally ac-
cepted ow-Tinting practices. The reimbui!!!!!nt will be made on the submission and approval of the
"Request ft Payment" form establishing • 1 ,nditures for he quarter indicated.
This Contract is subject to chang or termination in the avent 0 legislative or executive
action relating to this appropriation.
0. The Contractor's representative for [his contract is Daniel T. Murphy, County Executive
The Contractor's representative may appoint other personnel to act in his/her behalf iu the completior
of services to he performed under [his contract only with approval of the State. [he State's repre-
sentative for this contract is the Chief the Community Assistance Division, Department ct Natural
Resources.
2. Termination _
A. This contract may be terminated by the State in the event that the Contractor fails
to fulfill its obligations under this contract,
[his contract may be terminated by the State upon request of the Contractor. Within 30
days, the State shall notify the Contractor of the effective date of to
B. Upon termination pursuant to paragraph A above, the State may take over the work and
prosecute lhe same to completion by agreement with another party or otherwise. The Contractor shall
not be responsible for expenditures incurred by the State in completing the work following termination
of the agreement as described herein.
3. Remedic ,,
Except as may be olherwis'e provided in this agreement, all claims, counterclaims, disputes
and ether mailers in question between the State and the Contractor arising out of or relating to this
agreement or the breach thereof will Inc decided by adn ii hearing. If the matter is nor res-
solved by administrative hearing, legal remedies may be pursued.
It Audit: Access Records
A. Th, I.Lciaator shall maintain books, records, computer records, documents and other
evidence directly i• rtinent to performance ot work under this contract in accordance with generally
accepted accountirn principles and plactices. The Contractor shall also maintain the financial in-
formation and data used by the Contractor in i t• paration or support of Lhe cost submission. The
St Li or any of their duly authorized repres !! !! iv s shall have access to such books, records, docu-
ments and other evidence for the purpose of ins! iction, audit and copying. The Contractor will pro-
vide proper facilities tor such access and in Rtsition. This clause shall be included in all subcon-
tracts.
B. The Contractor's representative indicated in this contract or his/her duly authorized
representative shall have access to all State records pertinent to the program identified in the con-
tract for the purposes of inspection and copying. Such access shall include access to facility files
and records, manifest records and enforcement records. The Contractor shall not have access to
materials deemed confidential under the Freedom of Information Act. The State shall provide proper
facilities for such access and inspection.
Subcontracts
Any subcontractors and outside associates or consultants required by the Contractor in
connection with the services covered by this cow:rat:A must be specifically authorized in writing
by the Stale during the performance of this agreement. Any substitutions in or additions to such
subcontractors, associates, or consnl[ants will be subject to the prior writi.en approval of the State.
6. hqual_Lmploymenr_ppportunity
In accordance with Slate laws, the Contractor agrees that. he will not discriminate against
any employee or applicant for employment because ot race, religion, color, sex, age or national origin.
7. Utilization of Small and Minority Business
In accordance with State policy, the Contractor agrees that qualified small and/or minority
business enterprises shall have the maximum practicable opportunity to participate in the per
of [his contract. This clause must be included in all subcontracts.
8. Covenant .A.Eipst Contingent Fees
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission, percentage,
In rokerage, or contingent fee, excepting bona -fide employees. For breach or violation of this warranty
the State shall have the right to annul this contract without liability or in its discretion to deduct
from the contract price or consideration, or otherwise recover, thejull amount of such commission,
percentage, brokerage, or conLingent lee.
9. Gratuil l•
(et If ir is found, after notice and hearing, by the State that gratuities (in the form
of entertait,ient, gifts, or otherwise) were ottered or given by rhe Contractor, or any agent 01
Commissioners Minutes Co ,rinued. Novemtcr Zttl, 184
re', ntati tht .1 . . tiny I. 1! . • : th. State
vok.d I I. t • scurrdine
II) 1j, 1! ! !!1 • • q:tracL, It
te the I tt • atrartor to , •
and remedies z s •b y ..tor un, r
that the e, tt r s i . n ‘ni.h the State makcn:, such iindings shall he in i
reviewed in jr' -...t.kjd jct. tke .cnredies tALASC of thi, t_entract.
(ft) In tft event to s ccTdre.t is tcrminated ps provided in paragraph (A), the Sts
be entitled (1) to pursuc the same remedies agoinst the Contractor as it could pursue in the
a breach of the contract by the Contractor, and (2), as a pendIfy in addition In any other .
which it may he entitled by law, to exemplary damaoes in an amount (as determined by the Stw.
shall be not less, than three ndd. more than fen times the costs incurred by the Contractor in providing
any such gratuities to any such officer or employee,
10. Patents
If this contract involves ret,earch, developmental, experimental, or demonstration work and
any discovery or invention arises or is developed in the course of or under this contract, the State
shall retain sole authority to patent or license, This clause shall be included in all subcontracts.
II. Copyrights and Rightsi_iy±.k.
The Contractor aqms I any plans, drawings, specifications, computer .:-ograms, technical
reports, operating manuals, and other wrk submitted or which are spectfied to hd d• Hui red under this
contract or which are developed 0,1 preduced and paid for under this ccntract are to the rights
of the Stale of Michigan and flic '1, 1 , .hall retain an irrevocable license to rear ,. hice, publish and
ISO in whole or in part and to auto' eidt, others to do so. This clause ',hall be included in all sub-
contracts.
12, Assignability
The Contractor shall not at- ign -ny interest in this agreement and shall lot transfer any
interest in the sdme (whether by as' ,d . or novation), without the prior wrIten consent of the
State ; provided, however, that claims r money due or to become due to the Contractor from tne State
under this agreement may be assigned I hank, trust company, or other financial institution without
such approval. Notice ot any such assignment or transfer shall be furnished promptly' to the State.
13. Officials N.d 1• r.
Ni mod , 1 dktegate to Congress, or resident Comnissioner shall be adridtted to any
share or part this centrdct or to any benefit that may arise therefrom; but this provision shall
not be construed to extend to this contract if made with a corporation for its general to
14. Liability
The Contractor and Lie State of Michigan and it kdnts and employees shall be jointly and
severally liable for all claims, d. Icsses and exp.! - including court costs arising out. of or
resulting from the performance of Cit. .• 1.1, which includ, Tl labor, material and equipment required
Iii provide services required by rhi. c•d•iract provided 0 d y such claim, damage, los s er expense:
(I) is at to bodily injury, rIkness, disease ur iasath, or to injury to or destruction of
tangible property (other than the work t,e11-) including the loss of use resulting therefrem, and (2)
is caused in whole or in part_ by any h , I nt act or emission or the Contractor, any subcontractor,
anyone directly or indirectly emplm„. k • . ny of them or anyone for whose acts any of them may be liable.
15. .Sjubcontjactor's liability Tnsyrpnee
(ht-) Any subcontractor shall purchase and maintain such insurance as will protect him from
claims set forth below which may arise out of or result from the subcontractor's operations under the
contract, whether such operations be by himself or by anyone directly or indirectly employed by any
of them, or by an yone for whose acl' any of them may be liable.
(I) Claims under worker' ' compensation, disability benefit and other sirdlar employee
benefit act. A nonresident Contra. i shall have insurance for benefits pa yable under Michigan's
Workers' Compensation Law for any 1111111 oyee resident of and hired in Michigan; and as respects any
other state the Contractor shall have insurance or participate in a mandatory state fund to cover the
benefits payable to any such employ,e.
(2) Claims for damages because or bodily injury, occupational sickness or disease, or death
of his employees.
(3) Claims for damages because of bodily injury, sickness or disease, Cr death of any person
other than his employees, subject to limits or liability of not less than S.:300,000 each occurrence,
and when applicable, $300,000 annual aggregate, for nonautomobile hazards and as required by law for
automobile hazards.
(4) Claims for damages because of injury to or destruction of tangible properly including
loss of use resulting therefrom, subject to a limit of liability of not less than $50,000 for each
occurrence tor nonautomobile hazards and as required by law for automobile hazards.
(5) Insurance for subparagraphs (3) and (4) nonautomobile hazards on a combined single limit
of liability basis shall not be less than $300,000 each occurrence and when applicable, S300,000 annual
aggregate.
(b) The insurance shall be written for not less than any limits of liability he specified
Aich
Dan i Shins
Lal.taL4
Title
Date
(Optional)
Signature
Title
Date
Signaru
Ti t
Date
Federal 1.D.
325
Commissioners Minutes Continued. November 29, 1984
or required by law, whichever is greater, and shall include contractual 1 1.ability insurance as
opplicahle to the Contractor's obligations under Ii G Save lao Ic 1c f the contract.
STATF OF MICHIGAN r,h!. . MICHIGrH
AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
FOR THE DETTRMINATION OF SOLID WASTE GENERATION RATES
IN CONJUNCTION WITH THE IMPLEMENTATION OF THE OAKLAND COUNTY SOLID WASIF MANAGEMENT PLAN
THIS IS AN AGREEMMT made as of the day of in the year Nineteen Hundred anc
Eichty-Four by and between tne Conntv of Oakland, Michigan rhereinafter called OWNER) ane Camp
Dresser F McKee, Detroit, Michigan, a Michigan Partnership (hereinafter called ENGINEER).
OWNER wishes ENGINEER to perform professional engineering services, to serve as OWNER
professional engineering representative, ond to provide professional engineering consultation and
advice for a professional tee (as set k)rth below) in connection with preparation of a sot of unit
assignment criteria for reluse generation in Oakland County, Oat when applied to a municipality's
residential, commercial, institutional, and industrial refu.. • :aerators, will result in an estimate
of the total refuse produced by that municipality (the "Assigment").
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 ENGINEER shall perform the following professiondi services:
1.1.1 Consult with OWNER to clarify and define OWNER's requirements relative to the
Assignment and review available data.
1.1.2 Advise OWNER as to the necessity of OWNER' s providing or obtaining from others
special services and data required in connection with the Assignment (which services and data ENGINEER
is not to provide hereunder but on which ENGINEER may rely in performing services hereunder), and or
as OWNER's representative in connection rOth any such services of others.
1.1.3 Prepare a letter report of ENCINEER's findings and recommendations, furnish 10
copies to OWNER and presenl it in person and review it with OWNER,
1.7 The duties and responsibilities of FEIGINtER described above are supplemented and
amended as indicated in Paragraph 1 or Exhibit A "Further Description of Basic Services, Duties of
Owner, Melhod of Payment and Related ServiLes," which i5 attached to and made a part of this Agreement.
1.3 Additional professional services fSpecial Services)- related to the Assignment will be
performed by ENGINEER on request or OWNER for an additionalprotessional tee as the parties may sub-
sequently agree.
1.4 the ENGINEER shall maintain books, records, computer records, documents and other
evidence directly pertinent to performance of work under this contract in accordance with generally
accepted accounting principles and practices. The ENGINEER shall also maintain the financial infor-
mation and data used by the ENGINEER in the preparation or support of the cost submission. The State
or any of their duly out representatives shall have access to such books, records, documents
and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide proper
facilities tor such access and inspection.
1.5 In accordance with State policy, the ENGINEER agrees that qualified small and/or
mI nority business enterprises shall have the maximum practicable opportunity to participate in the
performance of this contract.
1.6 If this contract involves research, developmental, experimental, or demonstration
work and any discovery or invention arises or is developed in the course of or under this contract,
the State shall retain sole authority to patent or license.
I./ The ENGINEER agrees that any plans, drawings, specTfications, computer programs,
technical reports, operating manuals, and other work submitted or which are specified to be delivered
under this contract or which are developed or or and paid for under this contract are subject
to the rights of the State or Michigan and the State shall retain an irrevocable license to reproduce,
publish and use in whole or in part and to authorize others to do so.
SECTION 2, OWNER'S RESPONSIBILHAES
OWNER shall:
2.1 Provide all criteria and full information as to OWNER'S requirements and designate a
person with authority to act on OWNER's behalf on all matters concerning the Assignment.
COUNTY OF OAKLAND, MICHIGAN
A Michigan Partnership
CAMP, DRESSER F., McKEE
DANIEL T, MURPHY, COUNTY EXECUTIVE
Commissioners Minutes Continued. November 21, 1984
2,2 Itninish to ENGINEER ail existing :An,' . , , 'i r ,ava ild,b y • rind se Tv Gus
of otheim, port,ta et to ;fe At,signmerl, and nhldin '•ti t I r. n1 drita as rnnai , and ENGINEER
shall be entit hi rely upon All such Ill Sr r jr -11,11CJ servicc hereunder.
2,3 Arrange fur access to wid make all p • • n to enter upon public and
private property as required tor ENGINEER to per
2.q • rform such other functions as dte IC t ii ' r gi ith 2 of Exhibit A "Further
Description ' i. IcSeivices, Duties of Owner, Methot ,aymrnt and I:elated Services."
SECTION 3. PERIOD OF SERVICE
ENGINEER shall start pertorming services hereunder upon execution of this Agreement and
will complete such services and smibmit a re-- rl by five F5) merwhs to written Notice to Proceed.
Additional requirements at, to the Lilflin9 1 fi INEFR's sem/ices in relal ion to the services of others
or the happening of events heyond ENCINEER's itrol ore :nri. -forth in Paragraph 3 of Exhibit A
"Further Description ol Basic Services, Dutie of Owner, Method of Payment and Related Services."
SECTION 4. PAYMENT
4.1 OWNER shall pay ENGINEER fur services rendered hereunder as indicated in Paragraph 4
of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related
Services."
4.2 ENGINEER shall submit monthly statements. The OWNER shalt make monthly payments in
response to ENGINFER's monthly statement within thirty (y 11) Hays of reeeiat. or invoice.
4.3 ENGINEER's above charges are on the basis of prompt payment of bills rendered and
continous progresi, of the work on the Assignment until submission of the letter report.
SECTION 5. COST CONTROL
5.1 OWNER budgetary requirements and considerations in respect of the As i no. • Ls are
set forth in Paragraph 5 of Exhibit A "Further Description of Basic Services, Duties of r Ct, Method
of Payment and Related Services.
5,2 opi n i on ., gE p 0 • ! 1 cone,truction cost, fi.aneial evaluations feasibility studies,
economic analyses of alterre: t ups atni ci Li 1 i I onsiderations of oi rations and maintenance
cost prepared by ENCiNISEL hci .a.S made on th .• i‘. of ENGINEER's ience and qualifi-
cations and represent EN ' Nil: I' I iudi m. at as an c,Ip: •nced and 'unit fir- detiga professional.
It is recognized, however, that Er, ;it: i do- net have .ii -el over the cost of labor, material,
equipmert or services furnished t the: or over market i.nditions or contractors rt t of deter-
mining their prices, and that any UI iii iar evaluaticn 1 any facility to be cons:Lig. r work to
be tier i imed on the basis et the letter r I• t must f r :ty be speculative until i 4•1etion of
, its de,. t r I design. Accordingly, ENCINE m . •• not gu 11: that proposals, bids , • al costs
will not vary from or evaluations dr studies sub it.te i by ENGINEER. to OWNER hereunder,
SECTION 6. MISCELLANEOUS
6.1 All documents prepared by ENGINEER pursuant to this Agreement are instruments of
service in respect of the facility that is to be constructed. They are not intended or represerted to
be suitable for reuse by OWNER or others in extensions of the facility beyond that now contemplated or
on any other facility. Any reuse by OWNER without written verification or adaption by ENGINEER fee
the specific purpose intended will he at OWNER'' sole risk and without. liability' or legal exposure to
ENGINEER.
6.2 The obligation to provide for services under this Agreement may be terminated (a)
by OWNER with or without cause upon fen (10) days' written notice to ENGINEER and (b) by EINSit.EER for
cause upon ten (10) days' written notice to OWNER. In the event of any termination, ENGINEER will Dc.
paid for all services rendered to the date of termination, all reimbursable expenses and termination
expenses.
6.3 OWNER and ENGINEER and the cup' (I partners, successors, executors, administrators,
asigns and local representatives of each are bound by this Agreement to the other Party to this Agree-
ment and to the partners, successors, administrators, assigns and legal representatives or such other
party in respect of all covenants, agreements and obligaitions of this Agreement.
6.4 The OWNER reserves the right of final approval over the selection of the ENGINEER's
subconsultant(s).
6.5 Nothing herein shall be construed to give any right or benefits hereunder to anyone
other than OWNER and ENGINEER.
6.6 This Agreement is to be governed by the law of the State of Michigan.
6.7 This Agreement (consisting of 5 pages) and Exhibits A, B, and C (consisting of 21 pages),
constitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral
understandings between them in respect of the subject matter covered hereby. This Agreement and said
Exhibits A, B. and C may only be amended, supplemented, modified or cancelled by a duly executed,
written instrument.
IN WITNESS WHEREOF, the pal-Lies hereto have made and executed this Agreement as of the day
and year fir-A above orill'on.
OWNER ENGINEER
Date Date
327
Commissioners Minutes Continued. November 29, 1984
Copy of Exhibit A to Agreement Between Owner and Engineer tor Professional Services
and also Exhibit B (Work Program) on file in County Clerk's Office.
Moved by Hobart supported by Rewold the resolution be 'adopted,
Moved by Richard Kuhn supported by Gosling the resolution be amended in the NOW THE
BE IT RESOLVED paragraph and also the BE IT FURTHER RESOLVED paragraph by adding "and Chairman of
the Board" after "Oakland County Executive",
A sufficient majority having voted therefor, the amendment carried.
Vole on resolution, with Fiscal Note attached:
AYES: Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart., Jackson, R. Kuhn, Lanni,
Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewole,
Wilcox, Aaron. (24)
NAYS: None. (0)
A suftdcient majority having voted therefor, the resolution, oith Fiscal Note attached,
was adopted.
Misc. 84261
By Ms. Hobart
IN RE: ROAD COMMISSION APPROPRIATION (1985)
To the Oakland County Board of Commissioncis
Mr. Chairper ,,on, Ladies and Gentlemen:
WHEREAS it is the desire of the Oakland County Board of Commissioners to further refine
their in to participate in the future of county road improvement programs; and
WHEREAS it is the desire of the Oakland County Beard of Commissioners to fund county 'J.:ad
improvements in townships, cities and village-; and
WHEREAS the current successful five-year commitment of S500,000 per year will 5e completed
in 1984; and
WHEREAS it is desirable to appropriate funds for road improvements through 1985 as a Tri-
Party arrangemont with the local municipalities and the Road Commission; and
WHEREAS snid appropriation for 1985 would Le $500,000.
NOW 1HLREIORE BE If RI $OLVED that. the Oakli;nd County Board at Commissioners approves the
Tri-Porty Program through 1985 and the corresponding appropriation of $500,000 to the Oakland County
Road Commission; and
BE IT FURTHER RESOLVED that the Planning and Building Committee shall he author i:ed to
approve the proposed mJad improvement projects to be funded under the 1985 Tri-Party Program.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
FISCAL NOTE
By Dr. Caddell
IN RE: Miscellaneous Resolution #84261 - ROAD COMMISSION APPROPRIATION (1985)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #8426I and finds the 1985 County Executive Recommendation includes a $500 ,000 appro-
priation to cover the Tr-Party arrangement with the Road Commission.
FINANCE COMMITTEE
C. William Caddell, Chairperson
Moved by Hobart supported by Olsen the resolution, with Fiscal Note attached, be adopted.
AYES: Calandro, Doyon, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell,
McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rcwold, Wilcox, Aaron,
Caddell. (23)
NAYS; None. (0)
PASS: Foley. (I)
A sufficient majority having voted therefor, the resolution, with Fiscal Note attached,
was adopted,
Commissioners Minute- Continued. November 29, 1984 328
Report To Public ', Commitma
By Finance rem,
IN RL: Shia- i II' p rtment - I - Mar.
The Fir. n c t nmitil • ; • r .a oi Ii1: rin . • .. sisa Reimbursement
Application and lin 1 :
1) this 1 ,<, the ciihi n,11 :ear ol I 1 I program which pleviges for -attrition of
potential usors et Marino .p1• nt a• AafL operation, as woli ah ihe laws i ninj the same, 1r
addition, Ow Marine 1 ammi provides kir the enlorcement 1 Marine regel om• i• the Coantv's lakes
and recovery of drowning vicJim.,
2) Thif pc. . •m covora. a period of Janudry 1, ;C. oongl I h3 1 ,
3) Toth. pi .1 ri re- Ls arc anticipated to be tit i'rl, of whi.- $1,i.377 or 2/3 woulc be
State reimbursemcnt and Fh , 45 Or 1/3 would ho County fund. d, consisted ith the attached ii„chedules.
4) Application i C ceptance does not obligate the County to any spe,:ific funding
though the 2/3 State portion cannot he increw,ed,
5) The Marine Sdfety Program is 1,rated as a General Fund appmpriation and is su5ject to
the Board of Commissioner's budget review.
Mr. Chairperon, on behalf of the Fin,ance Committee, I move the acceptance of the foregoing
report, and referral of the inionlation contained therein to the Public Services Camel tree, in accor-
dance with Miscellaneous Resolution #8145, revised Federal and State Grants Application Procedures<
FINANCE COMMITTEE
G. William Caddell, Chairperson
Copy of Schedules A, B & C on file in County Clerk's Office.
Misc. 84308
By Mr. Lanni
IN RE: Sheriff's Department - 1965 MARINE SAFETY PROGRAM REIMBURSEMENT APPLICATION JANUARY 1, 1985 -
DECEMBER 31, 1985
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Public Services Committee has reviewed the Sheriff's 1985 Marine Safety Program
Reimburseitent Application; and
WHEREAS this is the eighteenth year of said Program; and
WHEREAS this Program covers aperiod of January 1, 1965 through December 31, 1985 and
WHEREAS total Program costs are anticipated to be $286,922, of which $131,377 c-n- 2/3 would be
State Reimbursement and $95,545 or 1/3 would be County funded.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
1985 Marine Safety Progr,im Reimbursement Application.
Mr. Chairperson, OH behalf of the Puflic Services Committee, I recommend the adoption ,i)r
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Richard Kuhn the resolution be adopted.
AYES: Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell,
McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox,
Caddell, Palandro. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 84309
By Mr. Lanni
IN RE: Economic Development Group - RESOLUTION APPROVING PROJECT PLAN (RBK INVESTMENT COMPANY OFFICE
BUILDING PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Or Corporation of the .County of Oakland (the "EEC") has recom-
mended that this Board of Commissioners approve the Projeet Plan required by the Economic Development
Corporations Act, Act Mn, 338 of the Michigan Public Acts of 1974, as amended (the "Act") for the RBK
Investment Company Office Building Project, a copy of which Project Plan is at hereto as Exhibit A
(the "Project Plan"); and
WHEREAS the EDC's recommendation to this Board of Commissioners was based upon its dete
nations that the Project is reasonable and necessary ID effectuate the purposes of the Act, that the
Project Plan prepared in connection with the Project =.atisfies all of the requirements of Section 8 of
the Act regarding project plans, that the persons who will be active in the management of the project
for at least one (1) year after the projected date of the County Board of Commissioner's approval of
I he Project Plan will have sufficient ability and experience to manage the Plan properly, and that the
proposed method of financing the Project i5 feasible and a bond purchaser's commitment has been obtained;
and
WHEREAS on October 22, 1 984, al i i verning body of the Village of Bingham Farms, Oakland
'129
Commissioners Minutes Continued. November 29, 1989
County, Michigan, also tutproved rhe Project Plan; and
WHEREAT it NovcHl. r 1 111:, thiJ 1-tpatv - of Cpmmissioners held a public. hearing to consider
the the Frojcet n t, )1 , pubiic 111 • contempli.ited bv the Act: and
WHEREAS lii I rd S (iti 1' ft 'it A huch pohlic re.ainq Ii, F ILVIUW of the
Project. Plan, concurs in the del rminations of the IBC with respect thereto;
NOW THEREFORE BE IT UsuLVED Bv jil( BOA...) OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. [hp Fm 1 . Plan, in the form attached hereto as Exhibit A, be and is hereby determined
to constitute a jad lor. purpose as contemplated by th(^ ACI.
2. TM, ... Plan he and j ft 'y approved.
3. Th, h did rerehv Mak 1 iz,JI to teke such step:, as are necessary to implement the
Project and the lir thereof by the i ranee of revenue bonds or notes.
4. The County Clerk be and is hereby directed to nrovide four certified copies of this
resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
Fe regoing resolution.
PUBLIC SERVICES COMMTTEL
James 1). Lanni. Chairnerson
Moved by Lanni supported by Nokon the resolution be adopted.
AYES: Foley, Fortino, GoOing, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron,
Caddell, Calandro, Doyon, (25)
NAYS: None. (0)
Resolution declared adopted.
Misc. 84310
By Mr. Lanni
IN RE: Economic Development Group - RESOLUTION APPROVING PROJECT PLAN (EIGHT STAR LIMITED PARTNERSHIP
NURSING FACILITN PROJECT)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland (the "EDP") has recom-
mended that this Board of CommicJioners approve the Project Plan required by the Economic Development
Corporations Act, Act Ni,. 338 ol the Michigan Public Acts of 1974, ds amended (the "Act") for the
Eight Star Limited Partnership Nursing Facility Project, a copy of which Project Plan is attached
hereto as Exhibit A (the "Project Flan"); und
WHEREAS rhe EDC's recommendation to this Board of Commissioners was based upon its deter-
minations that the Project is reasonable and necessary to effectuate the purposes ot the Act, that
the Project Plan prepared in connection with the Project satisfies all of the requirements oF Sec.-
tion 8 of the Act regarding project plans, that the persons who will be active in the management of
the project for at leasil one (1) year after the projected date of the County Board of Comissioner's
approval of the Project Plan will have sufficient ability and experience to manage the Plan properly
and that the proposed method of financing the Project is feasible and a bond purchaser's commitment
has been obtained; and
WHEREAS on I98/t, the governing body of Most Bloomfield Township, Oakland County,
Michigan, also approved the Project Plan; and
WHEREAS on November 8, 1989 this Board of Commissioners held a public hearing Fri consider
whether the Project Plan constitutes a public purpose as contemplated by the Act; and
WHEREAS this Board of Commissioners, following such public hearing and its review of the
Project Plan, concurs in the determinations of the EDC with respect thereto;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Plan, in the form at hereto as Exhibit A, be and is hereby determined
to constitute a public purpose as contemplated by the Act.
2. The Project Plan be and is hereby approved.
3. The EDC be and is hereby out ro take such steps as are necessary to implement trio
Project and the financing thereof by the issuance or revenue bonds or notes.
4. The County Clerk he and is hereby directed to provide four certified copies of this
resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by JdMCS E. Lanni, Chairperson, moves for adoption of the
foregoing rei,olution.
PUBLIC SERVICES COMMITTEE
James L. Lanni, Chairperson
Copy of Exhibit A on lile in County Clerk's Office.
Commissioners Minutes Continued, November 29, 1984 330
Moved by EcInni supported by NG1!,on the reolation be adopted.
AYES: Fortino, Coslin-: Hobart, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson,
Moffitt, Moore, Nelson, OisEA, Foe, Pernick, Frice, Pewold, Wilcox, Aaron, Caddell, Calandrp, Doyon,
Foley. (23)
NAYS: None. (0)
Resolution declared adopted.
Misc. 84311
By Mr. Lanni
IN RE: Economic Development Group - RESOLUTION APPROVING PROJECT PLAN (OAKWOOD BUILDERS/CST GLASS
CORPORATION PROJECT)
To the Oakland County Board of G ioners
Mr. Chairperon, Ladles and Gentfl,
WHEREAS [he Lcorir>riiir I. , Corporation of ihe County of Oakland (ihe "EDC") he
recommended that this Board of Corm is "• hers approve the Project Plan required by the Economic
Development Corporations Act, Act Mc. 338 of the Michigan Public Acts of 1974, as amended (the "Act")
for the Oakwood Builders/LT GI rporation Project, a copy of which Project Plan is attached
heratr, as cxhilail A (the "Proje: t Pt • 1"0 ; and
WHEREAS the EDC' rec ,in,,tion to this Board of Commissioners was based upon its determi-
nations that the Project i5 msr..• +lc and nccessary Co effectuate the purposes of the Act, that the
Project Plan prepared in connecThn with the Project satisfies all of the requirericr of stion 8
of the Act regarding project plans, that the persons who will be active in the e.ult • r the
project for at least one (1) year after [hr projected date of the County Board of (
approval of the Project Plan will have sufficient ability and experience to manage the Plan properly
and that the proposed method of financing the Project is feasible and a bond purch,ser's commitment
has been obtained; and
WHEREAS on October 9, 084, the overning body of the lownship of Commerce, Oakland County,
Michigan, also approved the Project Plan, and
WHEREAS on October 25, 1984, this Board of Commissioners held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the Act; and
WHEREAS this Board of Commissioners, following such public hearing and its review of the
Project Plan, concurs in the determinations of the [DC with respect thereto;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Plan, in the form attached hereto as Exhibit A, be and is hereby determined
to constitute a public purpose as contemplated by the Act.
2. The Project Plan be and is hereby approved.
3. The [DC be and is hereby authorized to take such steps as are necessary to implement the
Project and the financing thereof by the issuance of revenue bonds or notes.
N. The County Clerk be and is hereby directed to provide four certified copies of this
resolution to the Secretary of the Board of the [DC.
The Public Services Committee, by James E. Lanni, Chairperson, moves for adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Caddell the resolution be adopted.
AYES: Gosling, Hobart, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Not Moore,
Nelson, Olsen, Page, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino. (23)
NAYS: None. 10)
Resolution declared adopted:
Report to Public Services Committee
By Finance Committee
IN RE: Sheriff's Department Road Patrol - Act 416 - Grant Renewal Application October 1, 1984 Through
September 30, 1985
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed the proposed State of Michigan, Office of Criminal Justice
Grant application for the supplemental Road Patrol Program - Act 416 of 1978 and finds:
1) This is the seventh year of Act 416.
2) This program covers a period October 1, 1984 through September 30, 1985.
3) The program calls For total funding of $638,993; which includes State funding of $5 61 ,084 ,
through legislative appropriation, pending court decision, and County funding of $77,909 (S36,000
overtime and $41,909 increased program cost).
4) Application for or acceptance of these funds does not obligate Oakland County to any
future County commitment for continuation of this program.
331
Commissioners Minutes Continued. November 29, 1984
Mr, Chairperson, on behalf of the Finance Committee, 1 move the acceptance of the foregoing
report and referral of the information contained therein to the Public Services Committee, in accor-
dance with Miscellaneous Resolution 118145, revised "Federal and State Grant Application Procedures."
FINANCE COMMITTLE
C. William Caddell, Chairperson
Copy of Financial Anaiysis on file in County Clerk's Of
Misc. 84312
By Mr. Lanni
IN RE: Sheriff's Department Road Patrol - ACT 416 - GRANT RENEWAL APPLICATION OCTOBER I, 104
THROUGH SEPTEMBER 30, 1985
To the Oakland County Board of Commissioners
Mr . Chairperwn, Ladies and Gentlemen:
WHER.FAS the Oakland County Bo, rd of Commissioners has reviewed the Oakland County Sheri! t
Departments application to continue the "Public Act 416 of 1978" program and finds said program to be
in conformity with the mandates of the law, and
WHEREAS the Oakland County Board of Commissioners hereby requests the State of Michigan
and the Michigan Office of Criminal Justice to expeditiously process said application and provide the
necessary fundinti as required by the program presented by the Oakland County Sheriff's Department to
continue the seventh year of the program; and
WHEREAS this grant application calls for total funding in the amount of $636,993; which
Inc ludes State funding of $561,084, through legislative appropriation, pending court decision, and
County funding of $77,909 ($36,000 (iverthne and $41,909 increased program cost) for the period
October 1, 1984 through September 30, 1985 to continue said program.
NOW THEREFORE BE IT RESOLVED that the Oakland county Board of Commissioners hereby autho-
rizes the Oakland County Sheriff's Department. to request State fund lug under Public Act 416 and
continue the program as specifically delineared in said Grant Application,
BE IT FURTHER RESOLVED that the Sheriff's Department continue to present quarterly progress
reports to the Public Services Committee.
Mr. Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the
for resolution.
PUBLIC SERVICES COMMITTEE
James E. Lanni, Chairperson
Moved by Lanni supported by Richard Kuhn the resolution be adopted.
Discussion followed.
AYES: Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore.
Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandre, Fortino.
Gosling. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted,
Misc. 84313
By Dr. Caddell
IN RE: Sheriff Department - REQUEST FOR ADDITIONAL OVERTIME FUNDS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS from January - May 30, 184, the She Department Overtime cost was $426,315l
of which $171,08] was funded leaving an excess of ($257,234); and
WHEREAS from June - September 30, 1984, the She Department Overtime cost was $495,418;
of which $212,050 was funded leaving an excess of ($263,368); and
WHEREAS from October - December 31, 1984, the She Department estimates Overtime costs
of $187,500; of which $187,500 was anticipated, and is funded, and
WHEREAS the total funding for- the her Department Overtime is $570,631 and the projected
overtime cost is $1,111,233 leaving an excess of $540,602; and
WHEREAS the related Fringe Benefit cost of $129,042 is required; and
WHEREAS the Sheriff Department personnel turnover savings is projected to be $450,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
funding in the amount of $669,644 for the Sheriff's Department unappropriated overtime expenditure
from January 1 thru September 30, 1964,
BE IT FURTHER RESOLVED that the Sheriff Department budget be adjusted as follows:
Decrease Salaries Regular (Turnover) $ (450,000)
Increase Overtime $ 540,602
Increase fr)nge Benefits $ 129,042
Decrease Fringe Benefits Reserve $ 1129,042)
Decrease Contingency $ (29,947/
Balance liaxn Increased Revenue.
Increase Revenue (Mini Contract) 60,655
Commissioners Minutes Continued. November 29, 1984 332
Mr. Chairpetmon, on behalf of the Finance Committee, I move the J ,ti , ; of the foregoing
FINANCE COMMITTEE
G. William Caddell, Chairpera..,J
Moved by Caddell supported by Pr rinoff the resolution be adoped.
AYES: Jackson, B. Kuhn, S. Kuhn, one McCannell, McPherson, Mcstfitt, Moore, Nelson,
Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, on Caddell, Doyon, Fortino, Gosling, Hobart.
(23)
NAYS: Calandro. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 81,310
By Dr. Caddall
IN RE: County Executive - 1924 -'a URBAN MASS TRANSIT ADMINISTRATION (UMTA) GRANT
To the Ot1 d C unty Board of COMMI5,ioners
Mr. Chairpc! on, Ladle', Jnd
WHEREAS Miscellaneous Ja'an all-O.:, requires Jae Finance Committee to review acceptance
of all grants that vary less than i, n (jJ) percent from the grant application; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #84246 aitho-
rized the application for grant funding in the arnunt of $188.500, for the period November 1, 1984
thru May 31, 1985, From Urban Mass Transit Administration (UNTO) for a planning study to examine the
feasibility of privately operated public transportation services in the County of Oakland; and
WEIERAS the Oakland County Board of Comnissioners, by Miscellaneous Resolution //6428,
authorized and directed County Ex.culive Daniel T. Murphy to file, the above-described grant application,
to execute a grant conrJct, to ( •ecute ainch affirmative action assurance and minority business policies
as are required try UMTA 1-01 purr' r- of the oh' ye' project, and to provide all other pertinent
I nformation requested by UMTA in ionnectioh w,th said project; and
WHEREAS UMTA awarded he grant in the amount of 5188,500 with an 60'%-20'a match, UMTA funding,
$150,600 and the County matching, S37,700 consistent with the attached schedule; and
WHEREAS the County's rrJch of $31,100 is for in-kind personnel costs, $30,200; in-kind oper-
ating costs, $3,125; and co h c.- rating costs, $4,375; and
WHEREAS acceptanre of this grant in no long term financial implication to the County.
NOW THEREFORE BE 11 RJALVED that the Oakland County Board of Commissioners accept the UNTO
grant in the amount of 8168,500.
BE IT FURTHER RESOLVED that the Chairman of the 'Board of Commissioners is hereby authorized
to approve minor changes and grant extensions, not to exceed a ten percent variance which are con-
sistent with the grant as approved,
BE IT FURTHER RESOLVED that this grant contract has been reviewed and approved as to form
by the office of Corporation Counsel.
BE IT FURTHER RESOLVED that the County Executive is authorized to receive bids for the
hiring of a Planning Consultant and report said bids to the Finance Committee for its recommendations
In the Board of commissioners for the award of the consulting contract.
BE IT FURTHER RESOLVED that tha State and Federal Aid Coordinator buds et be amended as follows:
10100-909-01 -00 -9908 Federal Proiect Match (4,37q
10100-117-01-00-3380 County Executive Federal Match 4,375
BE IT EURIFIER RESOLVED that the Chairperson of the Oakland County board of Commissioners be
and is hereby authorized to execute said grant contract.
Mr. Chairperson, on behalf of the finance Committee, I move the adoption of the to
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Gosling the resolution he adopted.
AYES: K. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Olsen, Page, Perinoff,
Pernick, Price, Rewold, Wi.lcox, Aaron, Caddell, Calandro, Down, Fortino, Gosling, Hobart, Jackson. (23)
NAYS: McPherson. (1)
A sufficient majority having voted therefor, the resolution was adopted.
648IK
By Dr. Caddell
IN RE: Pro,;eJutors department - FUNDING AND CONTRACT AWARD FOR RECORD STORAGE
To the Oakloind Counly Board of CorifilioHerR
Mr. CltlirperBTn, TddieB dud Gerillemen:
WHEREAS hy Mi ,,,Telloncous fteolutioe #84014l of Fehruary 23, 198q, the Board of Commissioners
authorized the County Executive's Department of Central Services to receive bids for installation of a
mechanized filing system at an estimated cost of $40,200; and
resolution, resolutior
333
Commis5ioners Minutes Continued. Novemher 29, 1984
WHFPFA' in Accordance with Lidding proc'-dum -stablished by the Board, bids were received
and opened Oc r IP, FT64 for general iii ding tm I . and
Wilt I c Ahiy fxocutive's. Department d Central Serv it en has reviewed all bids sub-
mitted and ! • that-. the 1Pwest responsible bidd...r, the Fordon Company, Inf-. be awarded a con
tract tor in•I 1 Si If in the amount of $26,411: and
WHL,A1, a,iditinal costs are estimated to be .-;,14,800 for movint• n $6,600 to dis -
assemble and it=assemble power files, $3,500 for mi ,.c.c11.aneuus maintenano ch. , S500 for electrical
consultant fee!,, $700 for administrtive expense .,, $3,000 for telephone reloc. Jions and $5,489 (10'.›,) for
contingency; and
WHEREAS the total project cost is estimated to be $61,000 as detailed in the attached
schedule and funding ft r the ilmtallation 01- the Prosecutor's Record Storage is provided in the 19b4
Capital Improvement Program - Miscellaneous Remodelinc; and
WHEREAS an amendment to the Prosecutor's 1985 Budget is necessary to include charges for
equipment rental estimated at $15,(t00 per year:
NOW THEREFORE BF IT RESOLVED that the Board of Comnissioners autheries the following:
1) The contract propual of the Fordon Company, Inc. in the amount of $26,411 be accepted
and the con[ract awarded in concurrence with the Planning and Building Committee recommendations,
2) Funds be provided in the anuunt of $34,589 to cm ,r 0. remaining project costs,
3) The Chairman of the Board of Commissioners be and hr-tt'y is authorized and directed
to execute a contract with the Fordon Company, Inc. on behalf of t ,r County of Oakland,
4) These awards shall not be effective until the me, crier has been notified in writing by
the County Executive's Department of Central Services, Facilities Engineering Division,
5) Funds of $61,000 be used for the Prosecutor's Storage System from the Capital Improve-
ment Program - Miscellaneous Remodeling.
BE IT FURTHER RESOLVED that the 1985 Prosecutor's Department Budget be amended to include
an additional $15,000 appropriation for equipment rental.
Mr. Chairperson, on behalf of the Finance Comwittee, I move the adoption of the foreqoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Gosling the resolution be adopted.
AYES: S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page,
Perinoft, Pernick, Price, Remold, Wilcox, Aaron, Caddell, Calandra, Doyen, Fortino, Gosling, Hobart,
Jackson, R. Kuhn. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 84316
By Dr. Caddell
IN RE: Sheriff Department - PUNITIVE DAMAGES - HELEN ROBINSON, etc. V. JOHANNES SPRFFN, et al
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a suit WA,. initiated against Sherirf Johannes Spreen et al, For damages in the case
of Ihe death of a former Oakland County Jail prisoner who suffered Alzheimer's disease and subse -
quently died in a State Hospital; and
WHEREAS judgment was entered in favor of the plaintiff Helen Robinson, personal represen-
tative of the estate of William Robinson, deceased, and against the defendent She Johannes Spreen;
and
WHEREAS the plaintiff was initially awarded $300,000 actual damages and $400,000 punitive
damages; however, a subsequent order from the Judge reduced the amount of punitive damages to
$100,000; and
WHEREAS an agreement has been reached to pay [he plaintiff $400,000; and
WHEREAS the insurance tompany has agreed to pay [he $300,000 in actual damages pursuant to
I he terms of the insurance contract; and
WHEREAS $100,000 punitive damages is net covered by the insurance company.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
payment of $100,000 to the plaintiff to cover punitive damages in the above case.
BE IT FURTHER RESOLVED that the Board of Commissioners approves payment of $100,000 from
the Law Enforcement Liability Reserve Account.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Nelson the resolution be adopted.
Moved by Nelson supported by Richard Kuhn the resolution be amended in the first NOW THE
334 Commissioners Minutes Continued. November 2
Bt IT RESOLVED paraqt •oh -
or interest paid, gnd ths
words "in the ahoy() ( ,
(minnow. upon the Plaintiff confirming there shall be no cs ,sts
is withdrawn er waived " at the end of the paragraph after the
A sufficient majority buying voted therefor, (he amendment carried.
Vote on resolution as )(mended:
AYES: Lanni. Levi, McC(mnell, McPherson Moffitt, Moore, Nelson, Olsen, Page, Pecinobf,
Pernick, PrICC, RCWOld, WIICOX, Aaron, Caddell, Calandra Doyon, Fortino, Costing, Hobart, Jackson,
R. Kuhn. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 84317
By Mrs. Gosling
IN RE: Probate Court - OAKLAND. COUgTY CHILD CARE FUND BUDGET FOR 1984-85
To the Oakland County Board of Commissioners
Mr, Chairperson. Lad:es and Gentlemen:
WHEREAS t to provision ,- of AO 280 of the. Public Art, (A. 1 3)75, Cakland Csscfnty is
required to develop sri I _ilmit a plan and budget for the funding of foster care services to the Office
Os Children and Youth r' tees, Department of Social Service(„ annually: and
WHEREAS ti • - lid Count Imohate Court - Juvenile Division and the Oakland County Depart-
ment of Social Sevi(. hava deveHl d the attached foster can services budget for the StJte l s Fiscal
Year, October 1, 1984 through Sept :fiber 30, 1985; and
WHEREAS the Health & Human Resources Committee has reviewed this budget and recommends its
submission to the State ()Mee.
NOW THEREFORE BE IT RfSOIVED that the Oakland County Board ot Commissioners authorizes sub-
mission ol the 198 (4-85 Oakland County Child Care Fund Budget to the State Oft ice of Children and Youth
Services; Department. of Social Services.
BE IT FURTHER RESOLVED )hat the Chairperson of the Oakland County Board of Commissioners be
and is hereby authorized to sign said budget.
Mr. Chairperson, on behalf of the Health and Human Resources Conaittee, I move the adoption
of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
Marilynn E. Gosling, Chairperson
Moved by Gosling supported By Moffitt the resolution he adopted.
AYES: Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick,
Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, For Gosling. Hobart, Jackson, R. Kunn,
Lanni. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 84318
By Mr. Calandro
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULE 14 - LEAVES OF ABSENCE WITH PAY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes
in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a
regular meeting of the Board and shall become effective thirty (30) days after such meeting unless
objection is reccived in writing by the Chairperson of the Board of Commissioners, in which case the
objection shall become a matter of business at the next meeting of the Board; and
WHEREAS it has become desirable to make certain changes in thc wording of Rule 14 - "Leaves
of Absence With Pay" as detailed in the attachment to this resolution including the -current and pro-
posed wording; arid
WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of
November 14, 1984.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this
notice and the attached copies of current Rule 14 and proposed changes in Rule 14 to all Commissioners
present and absent to he considered as the official submission to the Board or Commissioners of the
described changes in Rule 14.
Mr. Choirperson, on behalf of the Personnel Committee, i move the adoption of 'Jle foregoing
resolution.
BfRSONNEL COMMITTEE
John P. Calandra, Vice Chairperson
1FAVFE OF ABSPNCE WITH PAY RULE
NUMBER
RULE
TITLE
335
Commissioners Minutes Continued. November 29, Ic.fflti
Oakland :ou-cy Merit Sy
POSED CHANGE IN MERIT SYSTE1.7.ULE
SECTION TO BE CHANGED [II Jury Duty Leave ON FAG
PRESENT WO
Definitlen
Jury Duty Leave is an absencu from work
for which the employee is pad, as if he
or she were at work, if the absence is
caused by the employee being ordered to
!serve as a juror.
•?"A-1307 provides that Counts
ore prohibited from jury duty
.. ad tin it names shall be struck
from the quo1.1 -4 jurors list.
not exempt from jury
Ltd &Tye as jurors unless
Jury Commission.
PROPOSED WORDING
A. De
No
County officers and employs , , qualified
in accord with current at s. totes,
are not exempt from jury 'vice and
should serve as jurors unless excused by
the Court. Co,
set :
excused by t
REASON FOR CI
M.S.A. 27A-1307, cited in current rule, has been repealed. Statute no longer has any
prohibitions to jury service.
Moved by Calandro supported by Moore the resolution be adopted.
The Chairperson stated in accordance with Merit System Rules, the resolution shall be
laid over For 30 days.
Misc. 84319
By Mr. Calandro
IN RE: FRINGE BENEFIT RECOMMENDATIONS FOR CHANGES IN ANNUAL LEAVE, LIEF INSURANCE, AND SICK lEAVE/
INCOME CONTINUATION INSURANCE PROVISIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a Study Committee comprised of representatives from the Board or Commis ,,ioners'
Office and County Executive Departments of Personnel, Management and Budget and Central Services
have been reviewing the fringe benefit areas of annual leave, life insurance and sick leavc/income
continuation insurance to identity any significant gaps in benefit coverage, to evaluate employee
expressed concerns with specific benefit provisions and to study increased cost liability to the
County resulting from current sick leave and annual leave banking provisions; and
WHEREAS the Study Committee has presented a package of recommendations which improve
certain benefit provisions, till the existing gaps in income protection and will reduce and eventu-
ally eliminate the present escalating liability for banked sick leave days; and
WHEREAS a package of recommendations has been presented at Employee Information and Input
Meeting-, to interested employees and notice of the proposed changes hut been given to the various
unions representing a portion of the work Force with discussions presently continuing with these
groups; and
Commissioners Minutes Continued, Novembi•r 29, 1984
WHERt \ your Pcrsonnmi foiwitiee has reviewed the need for these specific fringe bone(
chart , • i.;.ish is Ail Jnd tninsurs with thi desirability of continuing the
tow • ,I I 1.
Mmrii Rule ch • will he re l . red and reguusts in-
sura • hi.. t •I• . • . • "• (mined in c .•,•, (• I ied Board of Commissioners
poll / in .„1-(L:,- ,i I. • , I: • :or dopt;on r •. tringe penefit revisions.
NOW 1HERFFORF II iT [VI: thit the Fmrsenn 1 rtment 1( requested to prepaire hy
February ot etirly Mar b, 1 ES this Merit Rule changes nctessatv to implement the proposed clnirmtes for
approval by your Ferst or I iymittee.
Bit IF FURITIR II HARR that the Fringe Benefit Study Committee be authorized to prepare
specifications for insur— proposals and that bids he requested for possible implementaticm of the
proposed lite insurdnce ,.n.1 short term disability income changes and the addition of leer; term
disability income insuranc.
DE IT FURTHER RESOLVED that the Study Committee be authorized to utilize the services of a
fringe benefit consultant to assist with preparation of specifications and requests For insurance
proposals and with the rmview oi bids for a sum not to exceed S5,000.
BE IT FURTHER RESOLVED that the Board procedure for obtaining, reviewing and awerding of
Insurance contracts be followed with the addition that the Personnel Committee be presented with
Study Committee recommendations regarding the insurance proposals with a target date of March, 1985.
BE IT FURTHER RESOLVED that the Personnel Committee approve these insurance bid recom-
mendations in conjunction with the proposed Merit Rule revisions, and to the Committee recom-
mendations regarding the proposals and final fringe benefit implementation and application recom-
mendations to the Finance Committee prior to a final decision being made to change insurance coverages.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John P. Calandro, Vice Chairperson
Moved by Calandro supported by Jackson the resolution be adopted.
The Chairperson referred Lhe resolution to the Finance Committee, There were no objections.
The Chairperson stated the next meeting of the Board would be 7:30 p.m. on December 13, 1984.
The Board adjourned at 11;05 A.M.
Lynn D„Allen Richard R. Wilcox
Clerk Chairperson