HomeMy WebLinkAboutBenavides Tony Affidavit of Disclosure 1991 CZ
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: CITY CLERK or
[�} CITY ATTORNEY and
[� MAYOR and , DEPARTMENT HEAD or
[:} CITY COUNCIL PRESIDENT or Councilmember
(Name) Tony Benavides being duly sworn,
says under oath:
1. I am an elected or appointed officer or employee of the
City of Lansing, holding the position of (Title) City Councilmember
in the
Department. This position is: [ ] Fulltime ( ] Parttime ( less than
25 hours/wk) [ ] Unpaid.
2. [ ] I , [ ] and/or my (Relationship) NA
a member of my immediate family as defined in Ordinance 290. 02 ( i) ,
[ ] and/or (Name) N/A
a business with which I am associated as defined in Ordinance
290 . 02 (b) , ( c ) and (d) :
(Select the option or options that apply)
[ ] a. may receive a financial benefit of more than a de
minimus nature which is distinguishable from the benefits to the
person as a member of the public or as a member of a broad segment
of the public from a decision I would otherwise make or participate
in as an officer or employee. The decision involved is described
as follows: N/A
Thp financial benefit will be received by the following persons in
the following amounts: N/A
;and/or
[ ] b. intend to have business dealings with the City of
1
REF LPURuD TO ITu B"-)f,7 RDi OP L HISS
Lansing, either directly or indirectly. The business dealings are
specifically described in detail as follows (include names of each
party, the duration of the dealings, the financial consideration
between the parties, the governmental facilities or services
involved, the nature and degree of assignment of government
employees for fulfillment of dealings, and the nature of any
pecuniary interest) : Lease kitchen equipment from Famous Taco Restaurant
for Cristo Rey Community Center - 1717 North Ballard, Lansing 48906
;and/or
[ ] c. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
Council action. The action involved is described as follows:
N/A
The income or benefits, in addition to official remuneration, that
will be derived, either directly or indirectly, is described as
follows : N/A
;and/or
[ ] d. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
a contract with the City. The contract is specifically described
in detail as follows ( include names of each party, the duration of
the dealings , the financial consideration between the parties, the
governmental facilities or services involved, the nature and degree
of assignment of government employees for fulfillment of the
contract, and the nature of any pecuniary interest) :
N/A
2
;and/or
[ ] e. have a conflict between a personal interest and the
public interest as defined by state law, the Lansing City Charter,
or ordinance. The personal interest that conflicts with the public
interest is described as follows : N/A
The public interest that the personal interest conflicts with is
described as follows :
N/A
3. I have attached additional detail on the reverse of this
form or on attached sheets, including copies of all relevant
documents, memos , resolutions , and contracts.
N/A
4. (Select One) [X] I will not make or participate in the
making of the affected decision and/or governmental decisions
concerning the contract and/or governmental decisions concerning
the business dealings and/or governmental decisions concerning the
conflict, OR
[ ] Despite the conflict of interest, I am able to make or
participate in the making of the affected decision and/or
governmental decisions concerning the contract and/or governmental
decisions concerning the business dealings and/or governmental
decisions concerning the conflict, fairly, objectively, and in the
public interest because:
3
5. I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and. belief.
6. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior to filing this
affidavit.
The foregoing Affidavit of Disclosure of Conflict of Interest
was executed on the 17 day of Janua y 19 91
c
Subscri,�ed and sworn before me the ` , day of 1
�
19 in County, Michigan
Notary Ptfblic/or
, Deputy Clerk
County, Michigan
My Commission Expiret,:,, .:.-) YN MI HARTSUFF
Noteiy Public, !ngham County,141
my comm. Expires Dec. 18, 19W
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: [A Mayor
( City Council President
[ Department Head
[x] Board of Ethics
DATE SENT: x Howard McCaffery, Chair of the Lansing Building Authority
BY:
4
T C
APFI-TTY- OF LANSING
IT OOF DISC'LOSUP
TO: f CONFLICT
CITY OF INTLREST
CXTYf� AtVTOK °r
[ R andRN
MAypEY and
CITY COUNCIL pRESIDENT
or Counc' DEPARTMENT HEAD or
(Name) ilme
Ton
says uncle Y Bend'7ideS
1. r oath'
City of La I 7
am an elected being duly sworn,
ns'ng, holding the appointed officer or
De Par position employee
25 hour /,, This Pos . in the of (Title) Cit_v Councilmemb rOf e
s/wk) f1 Unpaid• °n 1s: f ] Fulltime parttime (less 2- than
a member o f m I f l and/or my
f ] and y mediate t (Relationship) NA
a business (Name) N/A 'Lamily as defined in
290• with whit Ordinance 290.
(select t) ' (c) and (d h I am as
as r . 02 (1) ,
he opt.io del1ned in '
f] n or o Ordinance
a, options
minimus may rece • that apply)
� nature hick 1ve a f .
Person as �`' is dis1 financial benefit °�
Of a member r the `1ngui shable r more a
1n as anuo ffiblic from aodecis Public or as a from the benefits than
de
sipn member the
officer I �''0 d o °f a b ad
as follows; er or employeeNAA • Thel therwise make orro segment
decis1pn involved is described
bed
Thy fi enef
nancia
the followi l b1t Will be ns amounts• N/A-received -he
y `he
b .�
following Persons in
fl b. intend Lo
have business deal,n s
;and/or
g wi t!h the +
jw,�D� TJ � ���- 1 city of
V 21
• 1 • •
December 17, 1993
Ms. Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerks Office
124 W. Michigan Avenue
Lansing, MI 48933
Dear Ms. Slade:
As I indicated in our phone conversation of last Tuesday, I regret being unable to meet
the response deadline of your November 22, 1993 request. I apologize for any
inconvenience this may have caused you or the Lansing Board of Ethics.
The following is my response to your request for information about councilmember
Tony Benavides relationship with Sparrow.
1 . Is Tony Benavides currently a member of the Sparrow Hospital
Foundation or any other Sparrow Hospital board?
RESPONSE: Effective July 3, 1993, Mr. Benavides resigned his position
as a member of the Sparrow Foundation Board. He is not a member of
any other Sparrow Board.
2. Does any relationship whatsoever currently exist between Cristo Rey
Community Center and Sparrow Hospital?
RESPONSE: No formal relationship exists to my knowledge.
3. Is Cristo Rey Community Center receiving any residual benefits from its
association with Sparrow Hospital (malpractice insurance policy,
services, drugs, etc.)?
RESPONSE: To my knowledge, no formal nor informal agreement exists
between Cristo Rey Community Center and Sparrow which results in any
benefits to Cristo Rey Community Center.
I'm pleased to respond to your request for this information. However, I also hope that
the Lansing Board of Ethics recognizes the great loss Mr. Benavides' resignation is to
the non-profit healthcare sector. Without the commitment of such outstanding
1215 E. Michigan, P.O. Box 30480, Lansing, MI 48909-7980 • (517) 483-2505
community leaders as Mr. Benavides, the entire community experiences a loss. The
healthcare challenges facing the disadvantaged in this community truly deserve the
attention and leadership of Mr. Benavides.
Should you need any further information or assistance, please give me a call.
Sincerely,
1
(.'�./L�
Kren Winkler-Swanson
President
Sparrow Foundation
KW-S/gws
5. I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and belief.
6. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior to filing this
affidavit.
The foregoing Affidavit of Disclosure of Conflict of Interest
was executed on the 17 day of Janua y 19 91
l
Subscri ed and sworn before me the /�, day of(121? ,
G
19 in County, Michigan
J �-
Notary Ptfblic/or
Deputy Clerk
County, Michigan
My Commission Expire:, ;.Di YN NI. HARTSUFF
Notsry Public,!ngham County,MI
tjy Comm. Expires Dec. 18,19W
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED: -
COPIES SENT TO: [x] Mayor
[ City Council President
[ Department Head
[x] Board of Ethics
x Howard McCaffery, Chair of the Lansing Building Authority
DATE SENT:
BY:
4
9•1 MoE1
December 17, 1993
Ms. Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerks Office
124 W. Michigan Avenue
Lansing, MI 48933
Dear Ms. Slade:
As I indicated in our phone conversation of last Tuesday, I regret being unable to meet
the response deadline of your November 22, 1993 request. I apologize for any
inconvenience this may have caused you or the Lansing Board of Ethics.
The following is my response to your request for information about councilmember
Tony Benavides relationship with Sparrow.
1 . Is Tony Benavides currently a member of the Sparrow Hospital
Foundation or any other Sparrow Hospital board?
RESPONSE: Effective July 3, 1993, Mr. Benavides resigned his position
as a member of the Sparrow Foundation Board. He is not a member of
any other Sparrow Board.
2. Does any relationship whatsoever currently exist between Cristo Rey
Community Center and Sparrow Hospital?
RESPONSE: No formal relationship exists to my knowledge.
3. Is Cristo Rey Community Center receiving any residual benefits from its
association with Sparrow Hospital (malpractice insurance policy,
services, drugs, etc.)?
RESPONSE: To my knowledge, no formal nor informal agreement exists
between Cristo Rey Community Center and Sparrow which results in any
benefits to Cristo Rey Community Center.
I'm pleased to respond to your request for this information. However, I also hope that
the Lansing Board of Ethics recognizes the great loss Mr. Benavides' resignation is to
the non-profit healthcare sector. Without the commitment of such outstanding
1215 E. Michigan, P.O. Box 30480, Lansing, M148909-7980 • (517) 483-2505
community leaders as Mr. Benavides, the entire community experiences a loss. The
healthcare challenges facing the disadvantaged in this community truly deserve the
attention and leadership of Mr. Benavides.
Should you need any further information or assistance, please give me a call.
Sincerely,
K ren Winkler-Swanson
President
Sparrow Foundation
KW-S/gws
City of Lansing - Board of Ethics
November 22, 1993
Bishop Kenneth J. Povish
Diocese of Lansing
300 W. Ottawa
Lansing, MI 48933
Dear Bishop Povish:
The Lansing Board of Ethics has received two letters of complaint alleging that Councilmember Tony
Benavides violated the city ethics ordinance by his vote on the Sparrow Hospital expansion on July 6,
1993.
The board voted at its meeting of October 26th to open an investigation into this matter. As part of this
investigation, we would appreciate receiving your response to the following questions:
l/ Did Tony Benavides have the personal and legal authority to sever the relationship
between Cristo Rey Community Center and Sparrow Hospital as was done in his letter
of July 5th?
2/ To your knowledge, does any relationship whatsoever currently exist between Cristo Rey
Community Center and Sparrow Hospital?
We would appreciate receiving your response to these questions by December loth so that board
members may review the responses prior to our next scheduled board meeting of December 28th.
Thank you for your assistance.
Sincerely,
Marilynn Slade, Secretary
LANSING BOARD OF ETHICS
ATT: Letter from Tony Benavides to Sparrow Hospital
(517) 483-4130 City Clerk's Office, 124 W. Michigan:Ave. Lansing, MI 48933-1695
RECEIVED AND PLAC
ON FILE
&i&eo <eel uommaaa,!� 6oe-�
441
® 1717 North High Street Lansing, Michigan 48906 Phone: 372-4700
ANTONIO BENAVIDES
July 2, 1993 Executive Director
Mr. Joseph F. Damore
President and Chief Executive
Officer .
Edward W. Sparrow Hospital Assoc.
P.O. Box 30480
Lansing, MI 48909
RE: Continued Support of Cristo Rey Community Center
Dear Joe:
Because of the enclosed ethics Opinion No. 17 dated July 1, 1993, from
the City of Lansing Board of Ethics, I believe that it is best that I request, on
behalf of Cristo Rey Community Center, that Sparrow Health System, including all
of its affiliates such as the Edward W. Sparrow Hospital Association, terminate
all support of Cristo Rey Community Center effective July 5, 1993. I apologize
for having to ask your organization to terminate any financial ties which it might
presently have in supporting the good works and charitable activities of the
Cristo Rey Community Center.
Our organization has deeply appreciated Sparrow Hospital ' s past support
of our public health programs. Sparrow Hospital has continued a fine tradition
of support of Cristo Rey Community Center engaged in by St. Lawrence Hospital ,
Lansing General Hospital , Ingham Medical Center and Michigan State University.
I am deeply troubled that I , on behalf of the Cristo Rey Community Center, must
ask you -to terminate this support.
If you have any questions, please. don 't hesita to contact me.
Ver truly yours,
4�ny Benavides
Executive Director
Cristo Rey Community Center
1717 North High St.
Lansing, MI 48906
cb
Enclosures
DIOSaN T, CAPITAL AREA
��� SUPPORTED 8Y .- UNITED WAY
RECEIVED AND PLACEDi
ON FILE
1717 North High Street Lansing, Michigan 48906 Phone: 372-4700
ANTONIO BENAVIDES
Executive Director
July 2, 1993
MS. K,iren Winkler-Swanson
President
Sparrow Hospital Foundation
P.O. Box 30480
Lansing, Michigan 48909
RE: Sparrow Foundation - Resignation
Dear Karen:
Because of the enclosed Opinion No. 17 from the City of Lansing Board
of Ethics dated July 1 , 1993, I believe that I must terminate my relationship
with Sparrow Foundation, and therefore I regretfully resign from the Sparrow
Foundation Board of Directors. -This resignation is effective July 5, 1993.
If you have any questions, please don 't hesitate to contact me.
Very truly yours,
T ny Benavides
Executive Director
Cristo Rey Community Center
1717 North High St.
Lansing, Michigan 48906
cb
Enclosure
ISLDU �ALSIFOW WAY11EA8 SUPPORTED BY: CAPITAL
�/ UNITED WAY
City of Lansing - Board of Ethics
November 22, 1993
Mr. Joseph Damore, President
Sparrow Hospital
1215 E. Michigan Avenue
Lansing, MI 48912
Dear Mr. Damore:
The Lansing Board of Ethics has received two letters of complaint alleging that Councilmember Tony
Benavides violated the city ethics ordinance by his vote on the Sparrow Hospital expansion on July 6,
1993.
The board voted at its meeting of October 26th to open an investigation into this matter. As part of this
investigation, we would appreciate receiving your response to the following questions:
1/ Is Tony Benavides currently a member of the Sparrow Hospital Foundation or any other
Sparrow Hospital board?
2/ Does any relationship whatsoever currently exist between Cristo Rey Community Center
and Sparrow Hospital?
3/ Is Cristo Rey Community Center receiving any residual benefits from its association with
Sparrow Hospital (malpractice insurance policy, services, drugs, etc.)?
We would appreciate receiving your response to these questions by December loth so that board
members may review the responses prior to our next scheduled board meeting of December 28th.
Thank you for your assistance.
Sincerely,
Marilynn Slade, Secretary
LANSING BOARD OF ETHICS
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 4893 3-1 695
City of Lansing - Board of Ethics
November 22, 1993
Ms. Karen Winkler-Swanson, President
Sparrow Hospital Foundation
1215 E. Michigan Avenue
Lansing, MI 48912
Dear Ms. Winkler-Swanson:
The Lansing Board of Ethics has received two letters of complaint alleging that Councilmember Tony
Benavides violated the city ethics ordinance by his vote on the Sparrow Hospital expansion on July 6,
1993.
The board voted at its meeting of October 26th to open an investigation into this matter. As part of this
investigation, we would appreciate receiving your response to the following questions:
l/ Is Tony Benavides currently a member of the Sparrow Hospital Foundation or any other
Sparrow Hospital board?
2/ Does any relationship whatsoever currently exist between Cristo Rey Community Center
and Sparrow Hospital?
3/ Is Cristo Rey Community Center receiving any residual benefits from its association with
Sparrow Hospital (malpractice insurance policy, services, drugs, etc.)?
We would appreciate receiving your response to these questions by December loth so that board
members may review the responses prior to our next scheduled board meeting of December 28th.
Thank you for your assistance.
Sincerely,
�a_�
Marilynn Slade, Secretary
LANSING BOARD OF ETHICS
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
-
h
•y _ 1 •• 1111
L A N S I N G M I G H I G A N
CITY COUNCIL AREA CODE 517-483-4177 48933
TENTH FLOOR,CITY HALL FAX 517-483-7630
June 30, 1993
Mr. John Mertz, Chairperson, and "
Members of the City of Lansing Board of Ethics
--HAND DELIVERED--
Dear-Members,
I would like the Board's opinion as to whether I am in conflict voting on the
Sparrow Hospital proposal which is pending before the City Council.
As everyone knows, I was a very active member of the Ingham Medical
Hospital Board for approximately 20 years. Presently, I am a member of the
Development Council which is the fundraising arm of the hospital. I continue
to be very active in raising funds for the hospital.
In addition, I have been involved in fundraising for Lansing General Hospital
and am currently serving on the Development Council for Saint Lawrence
Hospital.
I do not want to go ahead and vote on this issue and have someone raise the
question after my vote has been cast, as to whether there is a conflict.
The City Council will be voting on this matter on Tuesday, July 6, 1993, It
would be appreciated if I could receive your opinion prior to this date.
Thank you for your consideration of my request.
Sincerely,
LUCILE E. BELEN
Councilmember At Large
Lansing City Council
LEB:fek
City of Lansing - Board of Ethics
TO: Councilmember Lucile Belen
FROM: Marilynn Slade, Secretary, Board of Ethics
DATE: July 2, 1993
SUBJ: Request for an Opinion from the Board of Ethics regarding Sparrow Hospital Proposal
before Council
The Board of Ethics received your letter of June 30, 1993, requesting an opinion as to whether or not
you would be in conflict by voting on the Sparrow Hospital proposal pending before City Council.
We appreciate your bringing this to our attention. Based upon your letter, we do not see that you have
any conflict of interest which would prevent you from voting on any issue involving Sparrow Hospital.
cc: Board members
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
City of Lansing - Board of Ethics
TO: Mark Canady, Council President
FROM: Marilynn Slade, Secretary; Board of Ethics
DATE: July 2, 1993
SUBJ: Affidavit of Disclosure of Conflict of Interest-Sparrow Hospital
The Board of Ethics reviewed your Affidavit of Disclosure of July 1, 1993, at its meeting of July 2,
1993.
We appreciate your bringing this to our attention. The Board understands that you should prohibit
yourself from voting on the Sparrow Hospital issues before City Council based on State Bar Rule C-
241. A copy of this rule is attached.
ATT.
cc: Board members
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
Ethics Opinions
states that the lawyer retains control of We have previously indicated that possibility of litigation between that
the case, the client becomes commit- it is unethical for a partner, share- person and the city, creating an inex-
ted to the consultant for payment of up holder, or employee of a law firm to orable conflict. CI-1003 (Citi attorney
to 30 percent of the recovery before the appear before a local government ad- and members of the same firm may not
lawyer knows what the expert wit- ministrative board as an attorney appear before the city council repre-
nesses will say or even who they will representing a client, when a member senting private clients in applications
be.The contracts with medical experts of that board is also a partner, for licenses and other matters that
are made through the consultant, shareholder or employee of the same might result in litigation between such
which retains substantial authority law firm. CI-192. In the same vein, an persons and the city.); CI-192 (A part-
with respect to which experts and how attorney who is a member of a city ner, shareholder or employee of a law
i many experts are made available.Thus, council may not represent defendants firm cannot ethically represent a client
the contingent fee contract results in charged with violations of that city's before an administrative board on
substantial practical restrictions on the ordinances. CI-419. See also, 0-42. which a partner, shareholder or
exercise by the lawyer of independent DR 9-101(c) forbids a lawyer from employee of the same firm sits.
judgment in the selection and use of implying an ability to influence on To the extent that C-216 and CI-382
expert witnesses to which the client is "irrelevant grounds any tribunal, leg- may suggest a different result, they
entitled. islative body, or public official." may be distinguished because they in-
Informal Opinion 1395 is super- DR 8-101(a)(2) prohibits an at- valve judicial proceedings, in which
seded by this more comprehensive torney from using a public position to the adversary process may protect the
opinion. (Although this opinion ad- influence, or to attempt to influence, public interest. CI-=6 involved the
dresses only. the Model Rules, the a tribunal to act in favor of a client. spouse of an attorney and not.-the-at—
same results would obtain under the These ethical problems are raised torney him/herself.
. the rituation.desmbed-here..Alter-
Model Code. �,`- b5'
(ABA = * nativesshnrt- tiagi�iss;3ype.` _ -
SAP Cie airi Et erid - —
' Prntesslone}==Re�poa�db�lfty►"�fomteF: °f rep
Opinion 87-354};7a17187 ?� _ policy; - -
mental member from matters in which
the law firm participated would not _<. �
resolve the issue. While it is in the tINTERES7:Q.� ,
public interest to encourage the par- (� `
ticipation of attorneys in public life, iti�,
such withdrawal from specific issues - ul3iBfi
FORMAL OPINION C-241 would deprive citizens of the represen-
(July, 1988) tative they elected to exercise judgment .rx
in just such matters. .
An attorney may not represent a client Further, in the quasi-judicial con- ,
before a city council or oWe:govern- text in which city administrative mat- tl.. o t
ing body when, a member of that tor_ arise, all partil?s m<Ey ilui w rep- (�; -
governing brrdy is &Is-- e partner, assented by coua,el..as they.would be
shareholder or umpll-ysea of tho same Lin thejur+icis).rrer�, n^'may an issue
law firm- 1Veiithae m+ty the amrvey riecessa_ril b. contested. Thus, the
appear repreverrting s client before .."sdety valve of a.request for-ecusa). r
any governmental body which .is may not exist as a practical matter.
subordinate to the governing body The need for such a"safety valve"on which a partner, shareholder also lends credence to a need to avoid
or employee of the same firm sits. such apparent conflicts. Cf., C-212 -'ttfi th�a tle averag :
DR 9-101(c); DR 6-101. (City attorney may not represent a per- rate pain at audio
son charged with violation of an or- U.S.treasury notes ' `6
City Council Member A is a dinance of his employing commun- months preceding July1988,.
member of XYZ law firm. The Com- ity); Opinion 179 (A lawyer-member of Wis-8m
mittee has been asked whether other a municipal board of zoning appeals,
members of the firm can ethicall}• and his or her law partners and em- Rates previously certified were:
represent .clients before that city ployees, may not represent a client's
boards. commissions, or other munic- interest in proceedings before that January 1, 1988 . . . . 8.39%
ipal bullies. The committee has also Board.)
been asked whether ethical problems Additionally, there is the concern July 1, 1987. . . . . . . . .7.5%
are eliminated if the city council that where the individual pursuing
member is disqualified from consider- relief before the city council or subor- January 1, 1987 . . . . 6.66%
ing any matter in which another dinate body feels aggrieved by the
member of the law firm appears. governmental decision, there is the
1 MICHIGAN BAR JOURNAL OCTOBER, 1986 1019
City of Lansing - Board of Ethics
October 13, 1993
Mr. Tony Benavides
3337 S. Catherine
Lansing, MI 48911
Dear Mr. Benavides:
HAND DELIVERED ON 10/14/93
This is to inform you that the Board of Ethics has received a complaint against you alleging that you
had a conflict of interest when you voted on the Sparrow Hospital expansion issue before council.
A copy of this complaint is attached for your information.
Sincerely,
-yy;Y�vr�J
Marilynn Slade, Secretary
Signed Receipt:
g P
ony enaviiddes Gam'
(Date)
HAND DELIVERED TO THE CITY CLERK -0'ffFICE ON OCTOBER 15, 1993
DELIVERED TO/RECEIVED BY
(517) 483-4130 City Clerk's Office, 124 W. Michigan:Ave. Lansing, MI 48933-1695
J � �8r k93
BY
'93 JUG. H PN 3 37
BOA M OF ETHICS
c/o City Clerk office
Lansing, Michigan.
Dear Ethics Board members:
This letter is in regard to councilmrmberrTONY BE1,TAVIDES vote(s)
on July 6, 1993 in which he voted "'YES" to SPARROW HOSPITAL expansion,
after he was told ( by the Ethics Board ) that he had a coflict of
interest, because of his relationship with SPARROW , and therefore
instead of abstaining, he voted "YES" to SPARROWS request.
Iin very disappointed by the way Mr . Benavides tried to come up
with the rationale that he didn't have a conflict of interest.
I therefore request that the ETHICS BOA.-RD do a investigation into
the Tony Benavides/Sparrow Hospital vote of July 61 1993. I also request
that this issue be put on your agenda as soon as possible, and that action
be taken immediately.
In closing, it is improper to resolve a conflict of interest by choosing
one side over another, like 11r. Benavides decidedd to do on July 6,1993 .
The ethical and;thet6frre the right thing that Mr. Benavides should of
done (in my opinion) is to have abstained from voting.
TFAMM FOR TAKING THE TPv�{'* _
Harold J. Leeman Jr.
529 N. Francis
Lansing, Mlichigan 43912
,4' -c-/Y'W---,:-?9 C/
R
J&f!�; �FtD93
by: .........
'93 A"I 28 Pf'1 3 37
BO1%2-,D OF ETHICS
c/o City Clerk off-ice
Lansi-ng, Michigan.
Dear Ethics Board members:
This letter is in regard to councilmembbr-TONY, B. !DES vote(s)
on July 6, 1993 in which he voted 'YES" to Sp.kid.?0.'j, HOSPITIJ, expujsio-_qj
after he lj%Tas told ( by the Ethics Board ) that, he had a coflict of
interest, because of his relationship with SPARPOW 2 and therefore
instead of abstaining, he voted "YES" to SPA BOLTS request.
Tin very disappointed by the itTay 11r . Den. avides tried to core up,
with. the rationale that he didn't have a conflict of interest.
I therefore request that the ETHICS BOA-RD do a investigation into
the Tony Benavides/Sparrow Hospital vote of July 6, 1993. 1 also request
that this issue be put on your agenda as soon as possible) and that action
be taken immediately.
In closing, it is improper to resolve a conflict of interest by choosing
one side over another, like Mr. Benavides decided,,-'!. to do on July 6,1993.
L -Le right th-7no, that Mr. Benavides should of
The ethical -and-"thef-dfr)re VL CD
done (in my opinion) is to have abstained from voting.
TITWTKS FO_ TAKUTG TIE], TIME**_
Harold J. Leeman Jr.
529 N. Francis
s
Lansing, YlichiEL,,n 48912
A, qjv,�_dclil /
Of f ICC of UIC B)S11-10P
bioclse of tdnsinc
300%\/Est Ottawa SZREEt
lansmc,, MIChIgAn 4 8,93 3
`a
December 9, 1993
Ms. Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerk's Office
124 W. Michigan Avenue
Lansing, MI 48933-1695
Dear Ms. Slade:
This letter is in response to your inquiry of November 22 concerning the authority of
Tony Benavides at Cristo Rey Community Center.
The answer to the first question is Yes. As executive director of Cristo Rey,
Mr. Benavides is responsible for the administration and operation of the center, according
to its by-laws. He has done so with distinction for 25 years. His accountability is to me as
bishop of the Diocese of Lansing, but the executive functions of the center are his exclusiv€�ly.
He had the authority to sever the relationship between Cristo Rey Community Center and
Sparrow Hospital.
The answer to the second question is No. I do not know whether any relationship
whatsoever currently exists between Cristo Rey Community Center and Sparrow Hospital.
Cristo Rey receives various kinds of support for its public health programs from the hospit--its
of the city and from the university. These are part of its day to day service to the communit-j,
and I am not involved in their negotiation.
Very truly yours,
Kenneth J. Povish
Bishop of Lansing
sae
10 ar.00111phsh his wol?k.
h0hn a:34
i 'C.: Tw7 ;oC fAq
4�
December 8 , 1993
Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerks Office
124 W. Michigan Avenue
Lansing, Michigan 48933-1695
Dear Mrs. Slade:
I received your letter of November 22 , 1993 pertaining L_ _y'.r?,A_:
request for information regarding Council Member Benavides ' _col
and relationship to the Sparrow organization. I offer the
following in response to your request.
1. Is Tony Benavides currently a member of the Sparrov.;
Hospital Foundation or any other Sparrow Hospital Board?
RESPONSE: Tony Benavides terminated his Board membershia
with the Sparrow Foundation effective July 5, 1993 . He
has not been reappointed to the Sparrow Foundation no.-
any other Sparrow Health System Board.
2 . Does any relationship whatsoever currently exist betwee-Yi
Cristo Rey Community Center and Sparrow Hospital?
RESPONSE: No formal relationship exists at this time.
3 . Is Cristo Rey Community Center receiving any residues .
benefits from its association with Sparrow Hospital
(malpractice insurance policy, services, drugs, etc. ) ?
RESPONSE: The malpractice insurance policy and all othe .-
support of Cristo Rey Community Center was terminate "
effective July 5, 1993 . It should be noted that Sparro,
Hospital does provide medical services to individuals
referred from the Cristo Rey Community Center to Sparrow
on the same basis as services are provided to any other
patients referred to Sparrow. No formal or informal.,
agreement exists.
I appreciate the opportunity to respond to your letter and would
like to offer that the Sparrow Health System viewed Council Member
Benavides ' resignation as a loss to not only our organization but
the entire community. Tony' s dedication to the Lansing community;
1215 E. Michigan, P.O. Box 30480, Lansing, M148909-7980 - (517) 483-2700
Quality,Compassionate,Cost-effective Healthcare
has been exemplary. I believe we would not be able to finrq a
better advocate for services to the disadvantaged within
community.
If I can provide any additional information, please do - of
to call upon us. Thank you.
Sincerely,
Jo ep Damore
sident and Chief Executive Officer
cc: Marylee Davis, PhD, Chair, Sparrow Health
Bob Kinning, Chair, Sparrow Hospital Board
Jim Prister, Vice President - Support Services
Tony Benavides, Council Member, Lansing City Council
ri-701
! •
December 8, 1993
Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerks Office
124 W. Michigan Avenue
Lansing, Michigan 48933-1695
Dear Mrs. Slade:
I received your letter of November 22 , 1993 pertaining to your
request for information regarding Council Member Benavides ' role
and relationship to the Sparrow organization. I offer the
following in response to your request.
1. Is Tony Benavides currently a member of the Sparrow
Hospital Foundation or any other Sparrow Hospital Board?
RESPONSE: Tony Benavides terminated his Board membership
with the Sparrow Foundation effective July 5, 1993 . He
has not been reappointed to the Sparrow Foundation nor
any other Sparrow Health System Board.
2 . Does any relationship whatsoever currently exist between
Cristo Rey Community Center and Sparrow Hospital?
RESPONSE: No formal relationship exists at this time.
3 . Is Cristo Rey Community Center receiving any residual
benefits from its association with Sparrow Hospital
(malpractice insurance policy, services, drugs, etc. ) ?
RESPONSE: The malpractice insurance nolicv and all other
support of Cristo Rey Community Center was terminated
effective July 5, 1993 . It should be noted that Sparrow
Hospital does provide medical services to individuals
referred from the Cristo Rey Community Center to Sparrow
on the same basis as services are provided to any other
patients referred to Sparrow. No formal or informal
agreement exists.
I appreciate the opportunity to respond to your letter and would
like to offer that the Sparrow Health System viewed Council Member
Benavides ' resignation as a loss to not only our organization but
the entire community. Tony's dedication to the Lansing community
1215 E. Michigan, P.O. Box 30480, Lansing, M148909-7980 • (517) 483-2700
Quality,Compassionate,Cost-effective Healthcare
has been exemplary. I believe we would not be able to find a
better advocate for services to the disadvantaged within our
community.
If I can provide any additional information, please do not hesitate
to call upon us. Thank you.
Sincerely,
Jo ep Damore
esident and Chief Executive Officer
cc: Marylee Davis, PhD, Chair, Sparrow Health System Board
Bob Kinning, Chair, Sparrow Hospital Board
Jim Prister, Vice President - Support Services
Tony Benavides, Council Member, Lansing City Council
City of Lansing - Board of Ethics
TO: Council President Mark Canady
FROM: Marilynn Slade, Secretary, Board of Ethics l�� a�t✓
DATE: November 22, 1993
SUBJ: Video Tape of July 6, 1993, Council Meeting
Kindly supply the Board of Ethics with a copy of the video tape of the July 6th Council meeting. This
tape will be reviewed as part of the board investigation into Councilmember Benavides' vote on the
Sparrow Hospital expansion question.
We would appreciate it if we could receive this copy by December loth so that board members will
have time to review the tape prior to our next meeting scheduled for December 28th.
Thank you for your assistance.
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
12-09-93F04 : 05 RCVD
WWI
•
aL Re#
1717 North High Street Lansing, Michigan 48906 Phone: 372-4700
ANTONIO BENAVIDES
Executive Director
December 8, 1993
Ms. Marilyn Slade, Secretary
Board of Ethics
Ninth Floor, City Hall
Lansing, MI 48933
Dear Ms. Slade:
This is to acknowledge your memorandum regarding your request that I answer some
questions in regard to my vote in the matter of the Sparrow Hospital expansion.
Verification of your personal and legal authority to sever the relationship between
Cristo Rey Community Center and Sparrow Hospital _
Letter forthcoming from Bishop Kenneth J.Povish.
Whether you are currently a member of the Sparrow Hospital Foundation or any other
Sparrow Hospital board or have any other relationship with Sparrow Hospital , either
personally or in your capacity as Director of Cristo Rey.
Since my letter of resignation from the Sparrow Hospital Foundation Board, I have
had no further membership in any foundation or board of Sparrow Hospital . I have
not had any other relationship with Sparrow Hospital .
Whether any relationship whatsoever currently exists between Cristo Rey Community
Center and Sparrow Hospital .
There are no relationships whatsoever between Cristo Rey Community Center and Sparrow
Hospital . There may be some patient contact over which we have no control since
it is a physician/patient privilege.
If you have additional questions, please contact me.
Res ctfully,
r
T y Be avides
Executive Director
ek
aoc�w
SUPPORTED BY ell'
CAPITAL AEA
10/1/93ab
Chairman John Mertz and Members
Lansing Board of Ethics
Lansing, Mi. 48933
Dear Mr. Mertz and Members of the Board,
I am writing to make a complaint about Councilmember Benavides' role in
voting for the Sparrow Hospital expansion.
As noted by the Board, Mr. Benavides had a conflict of interest before he
voted oil tilt expansion duo his I:e.—b.or.s.hir :n Sparro:•r associated boar�?s,
working for a recipient of Sparrow funds, and etc. I do not believe that by
relinquishing his membership on those boards, or other action that he took,
relieved him of conflict of interest in the matter.
If my understanding is correct, Mr. Benavides has now resumed his
membership on those boards and still works for a recipient organization of
Sparrow funds. This raises further questions as to original and ongoing
conflict of interest on his part.
I wish that the Board of Ethics would look into any possible conflict of
interest of, or ethical violation by, Mr. Benavides regarding his role in
voting for the Sparrow expansion and issue a report to the public as
expediously as possible.
Thank-you.
Sincerely,
Alexander Bolt
1230 Reo Rd.
Lansing, Mi. 48910
Hm ph: 887-1721 (after 3 PM)
Wk ph: 377-7386
O f f ICC Of the Bishop
, bioccsc of lansinq
300 WEst Ottawa stPCCt
LAnsinc), mlchlc,An 48933
December 9, 1993
Ms. Marilynn Slade, Secretary
Lansing Board of Ethics
City Clerk's Office
124 W. Michigan Avenue
Lansing, MI 48933-1695
Dear Ms. Slade:
This letter is in response to your inquiry of November 22 concerning the authority of
Tony Benavides at Cristo Rey Community Center.
The answer to the first question is Yes. As executive director of Cristo Rey,
Mr. Benavides is responsible for the administration and operation of the center, according
to its by-laws. He has done so with distinction for 25 years. His accountability is to me as
bishop of the Diocese of Lansing, but the executive functions of the center are his exclusively.
He had the authority to sever the relationship between Cristo Rey Community Center and
Sparrow Hospital.
The answer to the second question is No. I do not know whether any relationship
whatsoever currently exists between Cristo Rey Community Center and Sparrow Hospital.
Cristo Rey receives various kinds of support for its public health programs from the hospitals
of the city and from the university. These are part of its day to day service to the community,
and I am not involved in their negotiation.
Very truly yours,
4*-a r- ort-4
Kenneth J. Povish
Bishop of Lansing
sae
"co ,accomplish his %\'ONC
)ohr1 4:34
Department of Law 1
MEMOR
ANDUM
"Equal opportunity Employer"
TO: MARILYNN SLADE, City Clerk
FROM: ALVAN P. KNOT, City Attorney
DATE: May 20, 1993
RE: SPARROW HOSPITAL EXPANSION/REQUEST FOR OPINION
Attached find a memo requesting an opinion involving a possible conflict of interest. The Sparrow
Hospital Expansion Project has not yet been reported out for a vote by City Council, however,
such action is anticipated in the near future.
I have discussed this matter further with Councilmember Benavides and he concurs that his
request should also be forwarded to the Ethics Board for their guidance. Mr. Benavides has
indicated that he will meet with or provide any information the Board may desire.
I will appreciate it if this could be forwarded to the Ethics Board in time for their next meeting.
APK/sp
cc: Tony Benavides
1
CITY OF LANSING
Interoffice Communication
/ 3 / 9 3
1 ,21 AM
Al Knot, City Attorney
J.. Tony Benavides, Third Ward Councilmember
SUBJEC'A'- Sparrow Hospital Expansion/Request for Opinion
HAND D E LIVERED
Please provide me with a legal opinion regarding the following relative to my
voting on the Sparrow Hospital Expansion Project:
1) As a member of the Sparrow Hospital Foundation Board, does
this put me in a "conflict" position in regard to voting?
2) May I vote on the 1-and use and rezoning requests, including the
"air rights" portion of the project?
I have attached the Mission Statement for the Sparrow Foundation Board members
for you to review.
If you have any questions, or need to discuss this issue with me, please call me at my
Council Office or at Cristo Rey Community Center.
'Thank you for your assistance in this matter.
Jek
Attachment
Printed on Recycled Paper
°F `q� Department of Law
MEMORANDUM
'�/jCNIGP�► 'Equal Opportunity Employer" _
TO: MARILYNN SLADE, City Clerk
FROM: ALVAN P. KNOT, City Attorney
DATE: May 20, 1993
RE: SPARROW HOSPITAL EXPANSION/REQUEST FOR OPINION
Attached find a memo requesting an opinion involving a possible conflict of interest. The Sparrow
Hospital Expansion Project has not yet been reported out for a vote by City Council, however,
such action is anticipated in the near future.
I have discussed this matter further with Councilmember Benavides and he concurs that his
request should also be forwarded to the Ethics Board for their guidance. Mr. Benavides has
indicated that he will meet with or provide any information the Board may desire.
I will appreciate it if this could be forwarded to the Ethics Board in time for their next meeting.
APK/sp
cc: Tony Benavides
OF MIS ION NgSI N An SIMTEGI�S
MISSION STA EMENT
p=ow Foundation is the premier non-profit community-governed
+i foundation committed within its resources to encourage tax dtductible
O -+Itr)tjtjons to the Sparrow Health System from individuals, foundations,
;fS7a t.iUns, service groups and others that will enhance Span:Ow`s ability to
the health status of all the people of Mid-Michigan now and in the
ti
�1141liF; Ivy-
0 Educating the public about the program, facility, r-..searcb and
equipment needs of the health system
o Enlisting community and Sparrow Family volunteers to commit
their personal resources to meeting those needs, to interpret
those needs to the community, and to cultivate and solicit
donors.
0 Developing ava.riety of mechanisms,including amtual, deferred,
capital and endowment programs, through wbich donors can
support Sparrow's mission.
Providing stewardship for gifts entrusted to our c,rfre
G 1.1ving our values of:Excellence,Service,PeoPle,F P�pons uility,
Innovation and 'Teamwork,
CITY OF LANSING
17 BOARD OF ETHICS
OPINION NO. July 1, 1993
INTRODUCTION
The Board of Ethics has received a request for an opinion from
a member of the Lansing City Council asking whether service on the
board of directors of a charitable foundation which supports a
nonprofit enterprise raises a conflict of interest which prevents
the Councilmember from voting on matters before the Council which,
i_f approved , will benefit the nonprofit enterprise. The
Councilmember has also disclosed that the enterprise is a
significant financial supporter of the charitable agency which
employs the Councilmember. It does not appear that the
Councilmember will directly benefit personally from approval of the
matter, but it does appear that the Councilmember
rylat benefits fromthe existing relationships between the charities.
OPINION 'f"�'�e Cyu"C("
After a thorough investigation, the Board of Ethics concludes
that the the Councilmember has a conflict of intere�t between r�
0-MitC�1 L--fiduciary obligations as a Councilmember andh� fiduciary
obligations to the foundation and to employer. As a
consequence, both Sections 3-205 . 2 and 5-505. 3 of the'C--' ty Charter
absolutely prohibit the Councilmember from participating in, voting
upon, or acting upon the matter in any way.Ct,, ��
Respectfully Submitted,
THE LANSING BOARD OF ETHICS
MARILYNN SLADE, City Clerk JOHN F. MERTZ , Chairman
A.LVAN P. KNOT, City Attorney DONALD COOK, Vice-Chairman
JANE RHODES, Public Member
1
City of Lansing - Board of Ethics
RECEIVED AND PLACED
ON FILE
TO: Councilmember Lucile Belen
FROM: Marilynn Slade, Secretary, Board of Ethics �
DATE: July 2, 1993
SUBJ: Request for an Opinion from the Board of Ethics regarding Sparrow Hospital Proposal
before Council
The Board of Ethics received your letter of June 30, 1993, requesting an opinion as to whether or not
you would be in conflict by voting on the Sparrow Hospital proposal pending before City Council.
We appreciate your bringing this to our attention. Based upon your letter, we do not see that you have
any conflict of interest which would prevent you from voting on any issue involving Sparrow Hospital.
JUL
cc: Board members
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
S .
L A N S I N G M I C H I G A N
CITY COUNCIL AREA CODE 517-483-4177 48933
TENTH FLOOR,CITY HALL FAX 517-483-7630
June 30, 1993
Mr. John Mertz, Chairperson, and
Members of the City of Lansing Board of Ethics
--HAND DELIVERED--
Dear.Members,
I would like the Board's opinion as to whether I am in conflict voting on the
Sparrow Hospital proposal which is pending before the City Council.
As everyone knows, I was a very active member of the Ingham Medical
Hospital Board for approximately 20 years. Presently, I am a member of the
Development Council which is the fundraising arm of the hospital. I continue
to be very active in raising funds for the hospital.
In additian, I have been involved in fundraising for Lansing General Hospital
and am currently serving on the Development Council for Saint Lawrence
Hospital.
I do not want to go ahead and vote on this issue and have someone raise the
question after my vote has been cast, as to whether there is a conflict.
The City Council will be voting on this matter on Tuesday, July 6, 1993. It
would be appreciated if I could receive your opinion prior to this date.
Thank you for your consideration of my request.
Sincerely,
LUCILE E. BELEN
Councihnember At Large
Lansing City Council
LEB:fek
1
Aff f
Ll
CITY OF LANSI NG
Interoffice Communication
Lansing City Council
TO: City of Lansing Involving Departments
FROM: Council President Mark H. Canady
DATE: July 1, 1993
SUBJECT: Affidavit of Disclosure of Conflict of Interest
Mr. Gary McRay of my law firm -- Foster, Swift, Collins and Smith -- is
General Counsel for Sparrow Hospital. As a result, I will not be voting on any
matters involving Sparrow Hospital.
Similarly, I will not be representing Sparrow Hospital in any matters.
Sparrow Hospital is a client of Mr. Gary McRay and is not my personal client.
With respect to this matter, Sparrow Hospital has retained Mr. Brian
Jeffries.
MC/tmg
Printed on Recycled Paper
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: EK] CITY CLERK or
k] CITY ATTORNEY and
[g] MAYOR and , DEPARTMENT HEAD or
[ ] CITY COUNCIL PRESIDENT
(Name) mark H. Candy being duly sworn,
says under oath:
1
1. I am an elected or appointed officer or employee of the
City of Lansing, holding the position of (Title)
Councilmember in the Lansing City Council
Department. This position is: [ ] Fulltime [X] Parttime ( more than
25 hours/wk) [ ] Unpaid.
2. k] I , [ ] and/or my (Relationship) ,
a member of my immediate family as defined in Ordinance 290 . 02 (i ) ,
[ ] and/or (Name) Sparrow Hospital ,
a business with which I am associated as defined in Ordinance
290 . 02 (b) , (c ) and (d) :
(Select the option or options that apply)
[ ] a. may receive a financial benefit of more than a de
minimus nature which is distinguishable from the benefits to the
person as a member of the public or as a member of a broad segment
of the public from a decision I would otherwise make or participate
in as an officer or employee . The decision involved is described
as follows :
The financial benefit will be received by the following persons in
the following amounts :
;and/or
[ ] b. intend to have business dealings with the City of
�5 Z _
Lansing, either directly or indirectly. The business dealings are
specifically described in detail as follows (include names of each
party, the duration of the dealings, the financial consideration
between the parties, the governmental facilities or services
involved, the nature and degree of assignment of government
employees for fulfillment of dealings, and the nature of any
pecuniary interest) :
;and/or
[ ] C. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
Council action. The action involved is described as follows:
The income or benefits, in addition to official remuneration, that
will be derived, either directly or indirectly, is described as
follows :
;and/or
[ ] d. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
a contract with the City. The contract is specifically described
in detail as follows ( include names of each party, the duration of
the dealings, the financial consideration between the parties, the
governmental facilities or services involved, the nature and degree
of assignment of government employees for fulfillment of the
contract, and the nature of any pecuniary interest) :
2
;and/or
[x] e. have a conflict between a personal interest and the
public interest as defined by state law, the Lansing City Charter,
or ordinance. The personal interest that conflicts with the public,
interest is described as follows : Gary McRay of Foster, Swift, ~
Collins and Smith, as General Counsel for Sparrow Hospital_ He is a
partner in my firm.
The public interest that the personal interest conflicts with is
described as follows : Rezoning/Expansion of Sparrow Hospital
3. I have attached additional detail on the reverse of this
form or on attached sheets , including copies of all relevant
documents, memos, resolutions, and contracts.
4. (Select One) I will not make or participate in the
making of the affected decision and/or governmental decisions
concerning the contract and/or governmental decisions concerning
the business dealings and/or governmental decisions concerning the
conflict, OR
[ ] Despite the conflict of interest, I am able to make or
participate in the making of the affected decision and/or
governmental decisions concerning the contract and/or governmental
decisions concerning the business dealings and/or governmental
decisions concerning the conflict, fairly, objectively, and in the
public interest because:
3
5. I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and belief.
6. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior to filing this
affidavit.
The foregoing Affidavit of Disclosure of Conflict of Interest
was executed on the 1 day of Ju1Y 19 93
i
Subscr ' bed and sworn before me the '�" day o
19�� , in ( _��G (C�__/ County, Michigan
DEBORAH K.
Notary Public, Ea4c� fir::-:; ,', � 2, "� �'"Lc, Notary Public/or
MY r G cCG: / Deputy Clerk
Comm. ExpiresG��F. � 1��• fC�Z,Li G, CIJ'L�(1�� P Y
i County, Michigan
My Commission Expires :
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: [ ] Mayor
[ ] City Council President
[ ] Department Head
[ ] Board of Ethics
DATE SENT:
BY:
4
RECEIVED AND PLACED
ON FILE
Reel C"ww"rell &w�
1717 North High Street Lansing, Michigan 48906 Phone: 372-4700
ANTONIO BENAVIDES
Executive Director
July 2, 1993
Ms. Karen Winkler-Swanson
President
Sparrow Hospital Foundation
P.O. Box 30480
Lansing, Michigan 48909
RE: Sparrow Foundation - Resignation
Dear Karen:
Because of the enclosed Opinion No. 17 from the City of Lansing Board
of Ethics dated July 1 , 1993, I believe that I must terminate my relationship
with Sparrow Foundation, and therefore I regretfully resign from the Sparrow
Foundation Board of Directors. -This resignation is effective July 5, 1993.
If you have any questions , please don't hesitate to contact me.
Very truly yours ,
T ny Benavides
Executive Director
Cristo Rey Community Center
1717 North High St.
Lansing, Michigan 48906
cb
Enclosure
o�or.�aw
SERVICE SUPPORTED EM Q1111/1-
CAPITAL AREA
UNITED WAY
Aff
im t:Ll
!( CITY OF LANSING
ILLL�V
== Interoffice Communication
Lansing City Council
TO: City of Lansing Involving Departments
FROM: Council President Mark H. Candy
DATE: July 1, 1993
SUBJECT: Affidavit of Disclosure of Conflict of Interest
Mr. Gary McRay of my law firm -- Foster, Swift, Collins and Smith -- is
General Counsel for Sparrow Hospital. As a result, I will not be voting on any
matters involving Sparrow Hospital.
Similarly, I will not be representing Sparrow Hospital in any matters.
Sparrow Hospital is a client of Mr. Gary McRay and is not my personal client.
With respect to this matter, Sparrow Hospital has retained Mr. Brian
Jeffries.
MC/tmg
Printed on Recycled Paper
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: [g] CITY CLERK or
�] CITY ATTORNEY and
[g] MAYOR and , DEPARTMENT HEAD or
[ ] CITY COUNCIL PRESIDENT
(Name) Mark H. Canady being duly sworn,
says under oath: ;
1. I am an elected or appointed officer or employee of the
City of Lansing, holding the position of (Title)
Councilmember in the Lansing City Council
Department. This position is: [ ] Fulltime Parttime ( more than
25 hours/wk) [ ] Unpaid.
2. [K] I , [ ] and/or my (Relationship) ►
a member of my immediate family as defined in Ordinance 290 . 02 ( i) ,
[ ] and/or (Name) sparrow Hospital ►
a business with which I am associated as defined in Ordinance
290 . 02 (b) , (c) and (d) :
(Select the option or options that apply)
[ ] a. may receive a financial benefit of more than a de
minimus nature which is distinguishable from the benefits to the
person as a member of the public or as a member of a broad segment
of the public from a decision I would otherwise make or participate
in as an officer or employee. The decision involved is described
as follows:
The financial benefit will be received by the following persons :.n
the following amounts:
;and/or
[ ] b. intend to have business dealings with the City of
INN, `y ..
� �
Lansing, either directly or indirectly. The business dealings are
specifically described in detail as follows (include names of each
party, the duration of the dealings, the financial consideration
between the parties, the governmental facilities or services
involved, the nature and degree of assignment of government
employees for fulfillment of dealings, and the nature of any
pecuniary interest) :
;and/or
[ ] c. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
Council action. The action involved is described as follows:
The income or benefits, in addition to official remuneration, that
will be derived, either directly or indirectly, is described as
follows :
;and/or
[ ] d. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
a contract with the City. The contract is specifically described
in detail as follows ( include names of each party, the duration of
the dealings, the financial consideration between the parties, the
governmental facilities or services involved, the nature and degree
of assignment of government employees for fulfillment of the
contract, and the nature of any pecuniary interest) :
2
;and/or
] e. have a conflict between a personal interest and the
public interest as defined by state law, the Lansing City Charter,
or ordinance. The personal interest that conflicts with the public
interest is described as follows : Gary McRay of Foster, Swift,
Collins and Smith, as General Counsel for Sparrow Hospital. He is a
partner in my firm.
The public interest that the personal interest conflicts with is
described as follows : Rezoning/Expansion of Sparrow Hospital
3. I have attached additional detail on the reverse of this
form or on attached sheets, including copies of all relevant
documents, memos , resolutions, and contracts.
4. (Select One) fr] I will not make or participate in the
making of the affected decision and/or governmental decisions
concerning the contract and/or governmental decisions concerning
the business dealings and/or governmental decisions concerning the
conflict, OR
[ ] Despite the conflict of interest, I am able to make or
participate in the making of the affected decision and/or
governmental decisions concerning the contract and/or governmental
decisions concerning the business dealings and/or governmental
decisions concerning the conflict, fairly, objectively, and in the
public interest because:
3
5. I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and belief.
6. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior to filing this
affidavit.
The foregoing Affidavit of Disclosure of Conflict of Interest
was executed on the 1 day of JulY 19 93
Subscr ' bed and sworn before me the day o ,
1945,, in ( lCc h County, Michigan
DEBORAH K. MITCHEL4,
Notary Public, Eawn fir: ^ ( x- ��t�c�t Notary Public/or
MY Comm. Expires wuv. Deputy Clerk
250--county, Michigan
My Commission Expires : P_
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: [ ] Mayor
[ ] City Council President
[ J Department Head
[ ] Board of Ethics
DATE SENT:
BY:
4
Clty Of
Lansi
ng - Board Of
Ethi
cs
October 13, 1993
333�Sony Benavides
1-ansing- Catherine
An
48911
Dom.Mr.
�navides.
This is
to info
a conflict of interest
nt eYou that the Board
A copy of this co hen YOU Voted on the
has received
Sincerely,
mPlaant is attached fo SParroK,Hosp.tal expansion
against alleging
r y°Ur lnformadon Passion issue before cunciilt you
had
QA-,�L.
Slade, Secret,
7)483-4130
C"" Clerk:p O
Mce 12e n, _
10/1/93ab
Chairman John Mertz and Members
Lansing Board of Ethics
Lansing, -Mi. 48933
Dear Mr. Mertz and Members of the Board,
I am writing to make a complaint about Councilmember Benavides' role in
voting for the Sparrow Hospital expansion.
As noted by the Board, Mr. Benavides had a conflict of interest before he
voted on the expansion due to his membership on Sparrow associated boards,
working for a recipient of Sparrow funds, and etc. I do not believe that by
relinquishing his membership on those boards, or other action that he took,
relieved him of conflict of interest in the matter.
If my understanding is correct, Mr. Benavides has now resumed his
membership on those boards and still works for a recipient organization of
Sparrow funds. This raises further questions as to original and ongoing
conflict of interest on his part.
I wish that the Board of Ethics would look into any possible conflict of
interest of, or ethical violation by, Mr. Benavides regarding his role in
voting for the Sparrow expansion and issue a report to the public as
expediously as possible.
Thank-you.
Sincerely,
Alexa der Bolt
1230 Reo Rd.
Lansing, Mi. 48910
Hm ph: 887-1721 (after 3 PM)
Wk ph: 377-7386
n; n-
- llsing State Journal N Thursday, July 3, 1993
i �� defends"
Lansing
� n v d /JJJ\1
State
his skywalkvote:► ��I Journal
1- -,
Vol. 139 No. 72
r '
ByGARYMILES directors, which he resigned W. Curtis Riddle, Publisher ���
Lansing State Journal Monday. 377 1001
Lansing City Councilman Tony 0 Sparrow's payment of $8,000 Randi Austin, Human Resources
to $11,000 in yearly medical mal- 377-1030
Benavides stood by his vote on the practice insurance for Cristo Re s Zack Binkley, Editor
Sparrow Hospital skywalk y 377-1076
health clinic.
Wednesday despite dogging ques- Sparrow's 1992 gift of $5,000 Ronald C. Capretta, Advertising
tions over ethics. in equipment and supplies to es 377-1120
Benavides said he'd break his Richard Ferns, Circulation FAT�
ties with Sparrow before casting tablish a pharmacy at Cristo Rey. 377-1024
the deciding vote on an$80 million 0 Sparrow's recent agreement V. Rulon Hemingway,
Sparrow expansion. It includes a to pay up to$10,000 in yearly phar- Director of Finance
walkway over Michigan Avenue macy losses at Cristo Rey. 377-1277
criticized for blocking a view of Benavides also said Sparrow W. Stan Howard, Marketing
does free tests for some communi- 377-1224
the state Capitol.
Benavides is biased,said Nancy ty center patients. Ken Swanson, Production
Kless,an East Lansing citizen who Benavides said those ties contin- 377-1080
pays Lansing income taxes. ue and will run until current ar- Michael Wieber, Controller
"Just because he said s. sev rangements expire,he said.But he 377-1031
es no conflict, he said. Switchboard
ered his ties one night before this se r
n I just can't "Even with all those allegations 377-1000
vote it's not a conflict?
believe " said Kles aboard- or whatever, I feel that I could act Toll Free Outside Lansing
professionally and non-biased," 1-800-234-1719
member of skywalk opponents Benavides said.
'Friends of the Capitol and the Ethics guidelines exist to pre- Place an ad?
Michigan Historic Preservation vent public officials from getting Classified......................377-1111 And� 0
,Network. "Unfortunately, once financial gains from their votes Retail.................. ........ 377-1141
again, the ethical flag is raised." and to ensure objectivity,said Ka- TRAVEL
Benavides is among 13 city offi- ren Holcomb-Merrill, director of Delivery Service?
cials already being investigated Common Cause in Michigan,a gov-
;for not disclosing their interest in ernmental watchdog group. Circulation .................377-1020
-last year's controversial early re- "That he's had a relationship in Toll free.......... 1-800-234-1719
tirement plan. It led to an early the past with Sparrow means he's 6 a.m.-6 p.m.daily
exit and a-sweetened pension for 6-11 a.m. weekends, holidays
former Mayor Terry McKane. probably not as objective as some Home Delivery by Carrier:
f people would be," she said. "Nor- Weekly ...........................$3.00
Benavides,executive director o
the charitable Cristo Re Commu mally in a case like this you would Monday-Saturday.............$2.05
y expect he would abstain." weekend/Holida%.............$2.15
nity Center,said the Sparrow plan But with one other council- Sunday/Holiday ...............$1.75
is sound. member not voting and one Home Delivery by Motor Route:
But a city ethics board told Ben- against the y
skywalk, Sparrow Weekly $14.25/month
avides Friday that he couldn't vote y
needed Benavides' deciding sixth Monday-Saturday$10.10/month
as long as he or Cristo Rey has ties vote. Weekend/Holiday...$2.20/week
to the hospital. Wald said he couldn't say how Sunday/Holiday ......S1.80/week
According to Benavides and the arrangements with Cristo Rey Newsstand'
Sparrow spokesman Joe Wald,ties will be severed but that Sparrow Daily............ .. ................ $.35
include: Sunday............................S1.50
■Benavides' seat on the Spar- will continue to care for indigents.
row Hospital Foundation board of "We would treat anybody who USA TODAY service?
came here," Wald said.
Circulation.................377-1204
8:00 a.m.-5:00 p.m. Mon.-Fri.
arr®w The 2 State JournalISSN
Sp 0274-974-9742�is published daily by
From 1 A Federated Publications Inc., a
wholly owned subsidiary of Gan-
nett Co. Inc., 120 E. Lenawee St.,
The expansion will include an chor to the east side.There's reap Lansing, Mich. Second
p Y class postage paid d a at t Lansing.
,outpatient clinic, doctors' offices no comparable institution in the Postmaster: Send address All styles. brands and pric
.,and a parking deck.A skywalk will east avenue corridor," Beal said. changes to Lansing State Journal,
,allow patients and employees to "When you look at the corridor,you 120 E. Lenawee St., Lansing,
P Mich. 48919.
jrross the street without waiting at have to look at the larger picture, The publisher reserves the right to
a traffic light. It also will obstruct not the view down one street." change subscription rates during
4he view of the Capitol from east of Huguely said the hospital pro- the term of a subscription upon 26
'the hospital. lect will help change downtown. days notice:This notice may be by
mail to the subscriber by notice MICHIGAN'S L
The project will add to other "I think in most communities contained in the newspaper itself,
major changes along Michigan you'll find a main artery that pri- or otherwiseye. Subscription rate E LANSING
marily is comprised of businesses changenmaye duratem implemented
Avenue: g. 9 M MERIDIAN
■The Lansing Center is in the or commercial ventures," she subscription.
cail "With tha rlavPlnnmPnf of AMERICAN r
CITY OF LANSING
Interoffice Communication
J
7/28/92
TO: Mr. John Mertz, Chairperson,Boar.-d of Ethics l (\
FROM: `pony Benavides,Third Ward Councilmemb& �>
SUBJECT: Disclosure of Possible Conflicts of Interest: Cristo Rey
Enclosed, please fend my atrswers and the appropriate materials, in regard to
your request for information.
Please let me know if you need additional information or clarification regarding
my statement. You can contact me at my City Council office (483-4191)or at any
Cristo Rey office (3724700).
TB:fk
Enclosures
cc: Board Members Blair,Cool,knot and Rhodes
Printed on Recycled Papa
COUNCILMEMBFR. BENAVIDES'
RESPONSE TO THE QUESTIONS ASKEID
BY
AIR.. MERTZ, CHAIRPERSON OF THE
BOARD OF ETHICS
(1) What City of Lansing Funds are received by your entity, specifying the
programs or line items of your entity budge. these are allocated to;
A e,z,- See Affidavit of Disclosure.
(2) Whether any part of your compensation, direct or indirect, depends on or is
paid f-c t} ncn f,•nr7c
Answe-r; 'A'zY salary does not core from wny City Somme.
(3) Whether you have any role in determining what funds are applied for, or in
obtaining any information for your entity respecting the program for which
funds are sought, or in preparing any materials presented to the City in
obtaining any City funds, or in deciding how those funds will be used by
your entity;
Yes, as Executive Director of the Center,I do have a role in
determining which funds are applied for.
As Executive Director of Cristo Rey Community Center,I do not have or
obtain any information other than that whirr is provided to everyone by the
City of Lansing. I do have a role,as Executive Director of the agency,in
determining what funds we apply for and specific proposals address how
the funds will be spent when the proposal is submitted. The staff prepares
the proposals for my review and conunent,and they are then passed on.to the Board and then submitted to the funding sovmre.
(4) With respect to how funding decisions are made by the City, either you
participate in any official or unofficial review of funding requests made by
your entity, or iii any other way in any part of the decision-making process
which allocates and/or approves the payment of any funds to your entity,
whether officially or,unofficially, formally_or informally.
An -n ' a ough the submission process, I atn aware of when Cristo
Rey Community Center applies for funds and when it still be coming to a
y 7
vote. I do not discuss Cristo Rey funding with anyone, and always abstain
from voting when any funding cones up for a vote.
The Board.of Ethics would also appreciate a copy of Cristo Rey's budget or
other financial report in which the allocation of any such funds appear.
The Board of Ethics would also appreciate a copy of Cristo Rey's budget or
other financial report in which the allocation of any such funds appears.
A&W= Copy enclosed. (Attachment E)
The Board has also received information that one or more political
fundraisers for City Council candidates have been held at Cristo Rey. If so,
please indicate in your affidavit or in a separate disclosures.
(1) The percentage such activities bear to all use of the facilities by
-_?x1l2IT��_.At�1F2a�..-�1�`i•zz_�..}".L�C..Ls:�i�n[t�=. ,:('rl�..,.ui. .::�1-i-f`r-+-<�+--+�-r•.---^r•.}--�#C---^----
programs.
An m7 r: Activity Report enclosed. (Attachment F)
(2) The customary rental terms to groups other than those directly
affiliated with Cristo Rey, and whether the rental terms for any such
political meetings differed in any respect or amount charged.
AWwer- Generally,there is no charge for a non-profit
organization. Donations are accepted from others.
(3) The names of the candidates for whom any such fundraisers were
held; the names, addresses and telephone numbers of the sponsors
of any such events; and the name, address and telephone number of
the individual who arranged the use of your entity's facilities.
A&wer: Patrick Lindemann Fundraiser
Mary Holmes,Campaign Arranger
332-0900
hnark Canady Fundraiser
Mark Thomas, Campaign Arranger
485-4981 or 351-70W
(4) A listing of any other services afforded any other officers or
employees, whether tt-ley are also oliered to the general public upon
the same terms and at the same cost, and a listing of any such City of
3
Lansing personnel or• groups to which these services have been
afforded.
Answer: All of the services of the Center are offered to officers and
employees of the Center and to the general public. Groups and
organizations fill out a request form to use available space. Please
refer to activity report enclosed. (Attachment G)
(5) Who makes the decision to allow the use of your facilities for this
purpose? What is your role in the decision malting process.
Answer. The Executive Secretary schedules mquests for the hours
during which the Center is open after I have reviewed then-. I make
the final decision on the use of the Center's available space.
Occasionally, in any absence, someone from the Administrative staff
makes the decision.
(b) —.Are City of I ansin funds paid to .!(,ur entity used either directly or
indirectly for these affairs? !."SO, in v,hlL ways?
City of Lansing fiends are uot,involved in-extra use of the,
`';enter.
Lastly, it has been alleged by a private citizen, that you facilitated and
participated in City Council approval of Rudolpho Reyes to the Gable
Advisory Board without disclosing that Mr. Reyes was at the time a
-ember of the governing board of Cristo Rey, your employer.
Assuming this governing board determines all or any part of your
compensation, or in any other way supervises your performance in
your job, then separately please advise why you do not feel the filing
of an Affidavit of Disclosure was appropriate in this instance.
,E e,3Kpr; Due to the absence of Cotmcilmember Ford,C'Imirperson
of the General Services Committee, I agreed to suspend the Council.
rules to introduce Mr.]Reyes' name to the entim Coun-cA
Mr. Reyes was recruited by Ms.1 heresa Porn, Chairperson of the
Cable Advisory Committee to serve on this Board. The Mayor was
concuaz ing with this appointment. I was not aware that Mr..Reyes'
mane was conning up for consideration until I arrived at the
meeting.At that time, I was advised by staff that immediate action
needed to be Laken by Coimcil as this board was having trouble
maintaining a quorur for their meetings.
r
4
Since I introduced it, I did move for his appointment and it was
unanimously confirmed. Subsequently,Mr. Reyes no longer serves
on the Cristo IZey Board
I did not feel that it was in conflict of interest because I am an at will
employee of the Catholic Diocese of Lansing and work at the pleasure
of the Bishop. Cristo Rey Board members serve at the pleasure of the
Bishop also.
R,espectfu submitted,
"TONS'BENAVIDES
Third Ward Councilmember
Attachments
cc: Board Members Blair, Cook, knot and Rhodes
CITY OF LANSING
[AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: CITY CLERK or
[ ] CITY ATTORNEY and'
( ] MAYOR and , DEPARTMENT HEAD or
( ] CITY COUNCIL PRESIDENT
(Name) Tony Benavides being duly sworn,
D
says under oath:
1.. I am an e ecte or appointed officer or employee of the
�1-�y-_`�F-T,c.�f•.-i-�?L7-r-h 0 l E3.3-PGr_<<�-.h Q--if+�i-�rE�T••!i�-j-t-w�3.P-1.-`.--.�-�._._,_....----_-..___..._.-- ------___
City Councihmember in the City Council
Department. This position is.: [ ] Eullti.me [)I Parttime ( less than
25 hours/wk ) [ ] Unpaid .
2. [ I , [ ] and/or my (Relationship) P
a member of my immediate family as defined in Ordinance 2,90.02(i) ,
[ I and/or (Name)
a business with which I am associated as defined in C)rdi�3xycf�
290.02 (b) , (c) and (d) :
(Sal ct the option or options that apply)
[ ] aa. may receive a financial benefit of more than a de
minimus nature which is distinguishable from the benefits to th'a
person as a member of the public or as a member of a broad segment
of the public from a decision I would otherwise make or participate
in as an officer or employee . The decision involved is descri.bed
as follows :
The financial benefit will be received by the following persons in
the following amounts:
;and/or
[x b. intend to have business dealings with the City of
1
Lansing, either directly or indirectly. The business dealings are
specifically described in detail as follows ( include names of each
party, the duration of the dealings, the financial consideration
between the parties, the governmental facilities or services
involved, the natur and degree of assignment of government
employees f= fulfillment of dealings, and the nature of any
pecuniary interest) : In addition to the current contracts with theCity of
Lansing (see d. below) , it is my belief that the Cristo Rey Board of nirertnrs
will continue to pursue City funding for Human Servi,c rgrams np nrateA__hg_Cris to
Rey. (See Attachments A, B, C and D)
4
;and/or
[ ) c. may derive income or benefits ,. either directly or
indirectly, in addition to official remuneration, as a result of
Council action. The action involved is described as follows:
The income or benefits, in addition to official remuneration, that
will be derived, either directly or indirectly, is described as
follows:
;and,'or
[� d. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
a contract with the City. The contract is- specifically described
in detail as follows ( include names of each party, the duration of
the dealings , the financial consideration between the parties , the
governmental facilities or services involved; the nature and degree
of assignment of government employees for fulfillment of the
contract , and the nature of anv Pecun- -r-, interest ) : The Ci.t
contracts with Cristo Rey to provide a number of Human Service Programs. I have
attached a list of programs, the duration, financial considration, and other relevant
information. (See Attachments A, B, C and D)
2
;and/or _
[ j e. have a conflict between a personal interest and the
public interest as defined by state law, the Lansing City Charter,
or ordinance. The personal interest that conflicts with the public
interest is described as follows :
The public interest that the personal interest conflicts with is
described as follows :
3. 1 have attached additional detail on the reverse of this
form or on attached sheets, including copies of all relevant
documents, memos, :resolutions, and contracts.
4. (Select one) I will not make or pa.rticipa'Ce in the
making of the affected decision and/or governmiental decisions
concerning the contract and/or governmental decisions concerning
the business dealings and/or governmental decisions concerning the
conflict, OR
[ I Despite the conflict. of interest, I am able- to make or
participate in the making of the affected decision and/or
governmental decisions concerning the contract and/or governmental
decisions concerning the business dealings and/or governmental
decisions concerning the conflict, fairly, objectively, and in the
public interest because; — — ------- -_-- -- --___--
3
5. I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and belief .
6. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior -to filing this
affidavit.
The foregoing Affidavit of Disclosure of Conflict of Interest
wa"s executed or the 7dav of 19
Subscribed and sworn before me the day of
19_t2, in aAd!�:= County, Mich ' an
Notary Public7or
&tbHt i„rv, Mj , Deputy Clerk
N��tary, rc, Eaton C-Our!y. mi County, Michigan
Acting 1 tnp
`
My " 1 Aires.:
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: Mayor
[ ] City Council President
[ ] Department Head
Eoard of Ethics
DATE SENT:
BY:
4
ATTACHNE&aWl' A
CONTRACT BETWEEN
THE CITY OF LANSING
AND
CRISTO REY COMMUNITY CE2��I'ER - DIVERSION PROGRAM
(PN-1747 )
PART I
1 f
THIS CONTRACT, entered into this day of
between the CITY OF LANSING, a rm.nicipal corporation , organized and
existing under the laws of the State of Michigan, through its Human
Resources Department, Ifiere-inaft-er called the "H.R.D. " , and CRISTO
REY =L:KMTITY CF.1= - DIVERSION PROGRIM, a non-profit
organization, organized and existing under the laws of the State of
Michigan, herein,l.fter called the "Contractor" .
'aIITNESS MAT:
WOR AS, the City of Lansing, through the TRvman Resources
Department, desires to engage the Contractor to perform certain
services and activities; and, in accordance with all the policies,
procedures, and requirements which have been or, from time to time,
may be prescribed by the Human Resources Department.
NOW, T"HMRRFORE,- the CJ ty of Lansing and CRISTO REY COMMUNITY
CENTER OF GREATER LANSING - DIVERSION PROGRAT4 do mutually agree as
fol laws:
1 . Project Objective( s ) . The project objective( s ) of this
Contract are herein established as the s-tandard( s ) to be used
by the City of Lansing to determine the impact and
effectiveness of the service ( s) and activities) to be
preformed by the Contractor under Section 2 below. The
objective( s) are:
To offer an eligible defendant an alternative to the criminal
justice system by allowing the eligible defendant an
opportunity to voluntarily participate in the City -of Lansing
Diversion Program. A defendant must meet or exceed the
following criminal history criteria to be eligible : ( 1) No
prior misdemeanor or felony convictions or pleas which are
violent misconduct or sex related offenses; ( 2) No more than a
single misdemeanor or felony conviction or plea, within a,
'Fl VP c nr A .-)r 4-1-,n
2 . Scare of Services) . In order to accomplish the project
objective( s) defined in 'Section 1 above, the Contractor shall
perform in a lawful , satisfactory and proper manner, the
following service ( s) and activities:
A. The Contractor shall coordinate, manage, refer, and
report on the placement of a minimum of Seventy-five (75)
diversion participants. in the following areas as referred
by the City Attorney' s Office.
(1) Community Services: The Contractor shall develop
placement sites for diversion participants in
community service projects in accordance with the
priorities established by the City of Lansing as
follows:
(a) City funded or sponsored agencies wherever
located.
(b) Other agencies located within the City.
(c) Agencies serving City of Lansing residents
which are not located within the City limits
of Lansing.
(d) Agencies or institutions which do not fit the
criteria in clause ( a) through ( c) above and
serve the Greater Lansing community.
( 2) Work Assignments : The Contractor shall facilitate '
assignments for participants for work functions , if
such placement services are developed by and/or
through the City of Lansing.
B . Shall submit a monthly service report and financial
report to the Human Resources Department on forms
approved and/or designed by the Human Resources
Department.
3 . Time of Performance.
A. On July 1 , 1991 , the Contractor shall commence
performance of the services required under this contract.
B. The Contractor shall continue to perform such services
and activities until expiration of this contract on JUNE
30 , 1992 unless otherwise terminated pursuant to the
terms of this agreement.
4 . Compensation and Method of Payment
A. As full and complete compensation for the Contractor' s
satisfactory performance under and completion of this
contract, the City of Lansing hereby agrees to pay the
Contractor the amount of THIRTY TWO TBCIOS7�IM, SIX HUNDRF.D
NINTY FIVE and 00/100 ( $32,695 . 00 ) DOLLARS from the City
of Lansing General Funds.
B. It is expressly understood by and between the City of
Lansing and the Contractor that in no event shall the
total compensation and reimbursement, if any, to .be paid
the Contractor, exceed the maximum sum of THIRTY TWO
THOUSAND, SIX HUNDRED MINTY FIVE and 001100 ( $32,695.00)
DOLLARS from the City of Lansing General Funds.
C. The Contractor agrees to provide any additional money,
services and/or physical resources which may be required
to complete its performance of. this contract, in
accordance with the budget limitations set forth in the,
Budget Sheets of this contract.
D. The Contractor shall agree to expend the funds on a
reimbursable basis, or as mutually agreeable between the
Contractor, the H.R.D. , and the Controller' s Office.
3
4,.
P A R T I
1. Continued Funding. The City of Lansing makes no implied
or, explicit guarantee , offer or representation of future
funding from the City of Lansing beyond the termination
of this Contract. The City of Lansing further makes no
implied or expressed guarantee that it will not terminate
this agreement and the funding supplied with this agreement
pursuant to the terms and conditions of Paragraph 22.
2. Finance Procedures.
A. Central Accounting Office. A contractual agency' s
.``fir _ �.,
of- Lansing Centralized „ccountinc G ice , at the sole
discretion of the City of Lansing Controller. If the
City of Lansing invokes this provision, the Contractor
may by proper '.notification [thirty (30) days] terminate
this Contract.
B. Suspension of Funding. The Controller in its sole
discretion, has the authority to suspend, reduce or
disallow any payment(s) of funds to- the Contractor
included in Section 4, notwithstanding any other provision
of this Contract, upon written notice to the - Contractor
when: the internal fiscal controls and records established
pursuant to Section 4 and Section o are changed without
the Controller's approval ; or, where in the opinion of
the Controller, there is a reasonable likelihood that
funds may be misused, misappropriated, . or spent for an
ineligible purpose as defined within this Contract.
(1) Any unearned payments under this Contract May be
- - suspended by the Controller upon the Contractor's
refusal to accept and comply with any additional
conditions or requirements of the City of Lansing.
(2) Any unearned payments under this Contract may be
suspended or reduced if the -funding sources for
this Contract are reduced or suspended or terminated
for any reason.
3. Donation and Fees. Donations and fees which are received
by the Contractor in connection with provision of services
with this Contract shall be included in its monthly financial
rpoorts in a balance sheet and ooeratina statement presentation
snowing disposition of such donations and fees.
- i -
4. Contract ,modifications. The City. of Lansing , from time to
trine , may expand, diminish or other rise modify :he project
objectives , scope of services , or any other contract provision
related thereto, which the contractor is required to perform
pursuant to Sections 1 and 2 of this contract ; provided,
however, that such modifications are mutually agreed upon
by the City of Lansing and the Contractor, and incorporated
into .written amendments to this contract after approval by
the City of Lansing.
S. Contractor' s Failure of Performance.
A. The failure of the contractor to provide any work or
services required by this contract in a satisfactory
and timely manner shall be. a material breach of this
contract.
(1) The MC i t of Lansing i rl
etc^r- .n e ..
ccmpleted.
(2) In the event the City of Lansing determines the'
work or services provided pursuant to this Contract
has not been performed in a timely or satisfactory
manner, the City of Lansing shall notify the
Contractor and allow Contractor ten ( 10) days to— -
cure any such failure to perform work or services
in a timely and satisfactory manner.
(3) In the event that Contractor fails to cure the
unsatisfactory or untimely work or performance
pursuant to the requirement of . sub-paragraph (2)
above, the City may take any other action permitted
by law or this contract, including but not limited
to termination or reduction in compensation to the
dontractor.
B. Reduction of Compensation by the City of Lansing. n
the event the contractor fails to .perform, in a timely '
and proper manner, any of the services or activities
required under this contract, the City of Lansing may,
in its sole discretion reduce or modify the compensation
payable hereunder to the Contractor in a manner which
appropriately reflects such reduction or diminution of
services or activities.
C. Termination by the City of Lansing.
( 1) In the event the contractor fails to fulfill in
a timely and proper manner, any of the terms ,
:ord; ion; , or _ ' 1 ( ,.,,13 �ra��, or
if the contractor violates any of the covenants,
agreements, or stipulations of this contract,
the City Council , or Mayor, in its or his sole
discretion and without notice ter, ,inate this
contract with no further liability to the contractor
beyond that expressly provided for within Section
5 herein. ,
- Z -
(2; in the event this Contract is teriirinated :
(a ) All data , documents , drawings , maps, models ,
photographs , reports , studies and surveys which
have been or were prepared by the Contractor
with City of Lansing funds pursuant to the
_ Contract, become the property of the City of
Lansing; and
(b) The Contractor shall receive just and equitable
compensation for any work which the Contractor
satisfactorily completed pursuant to this Contract,
subject to (3) (b) below.
(3) it is agreed that nothing contained herein shall :
(a) Deprive the City of Lansing of any additiona`1
nS , ctl :;uns
covenants, agreements , and stipulations of this
Contract, which they m:,y respectively assert
against the -Contractor upon failure to fulfill
any of theterms , conditions , obligations,
covenants, agreements, or stipulations of this
Contract; or
(b) Relieve the Contractor of any liability to the
City of Lansing for any damages sustained by
the City of Lansing as a result of any breach
of Contract by the Contractor; and if it sustains
such damages, the City of Lansing may withhold
as a set off any payments due the Contractor,
until such time as an exact amount of damages
sustained by the City off Lansing is properly
and legally determined unless otherwise terminated
pursuant to the terms of this agreement.
6. Reports and Information.
A. Financial Records and Reports. The Contractor agrees
to make and maintain adequate financial records in a
form satisfactory t..o the City kontroller. Such financial
records and reports shall reflect all costs and expenses
incurred in performing this agreement and records of
the use of all consideration received pursuant to this
agreement. Financial records and reports of the Contractor
shall conform with the "City of Lansing Standard Operating
Procedures for City Supported Agencies" to be made
available to the Contractor by the City Controller, which
manual is heresy iic r-Iora .cd by reference herein, and
further, the Ccntra_tor acr.r,o.Yledges and agrees t
said "City of Lansing Standard Operating Procedures for
City Supported Agencies" is available for use by the
Contractor and the Contractor shall have the duty to
be fully familiar with said imarual .
J _
_ J
B. General Ooerational Information, The Contractor shall
make a written report to The City as may be required
from time to time by the City Department or office
designated in this Contract as responsible for
administration of this Contract on behalf of the City.
Such written reports shall include but shall not be
limited to a description of all services which have
been rendered pursuant to this Contract since the last
preceding such report and shall be in a form and shall
contain such other information as the City may specify.
Failure of the Contractor to submit within a reasonable
time such reports regarding the operations of the
Contractor shall be considered a material breach.
C. Administrative Practices and Policies. The Contractor
shall submit its "administrative practices and policies"
to—the City of Lansing for review within sixty (60)
-- �_. — -- — _`.,; zn o r ''? (11e'�7T,TTT
practices and policies shall include, but not De limited
to: a statement concerning emp-loyment, saiary, wage
rates, working hours, holidays, fringe benefits (health,
hospitalization, retirement, etc. ) , and an accompanying
annual resolution of the Contractor' s Board of Director' s
adopting and/or readopting the original and/or revised
administrative practices and policies.
D. Equal Opportunity Employment Reports.
(1) The Contractor shall submit Employment Survey Reports
on forms provided by the Human Relations Department,
to the City of Lansing at least annually in
conjunction with the Human Relations Department's
Municipal Employment Survey. Where procedures are
established by the Human Relations Department for
more frequent reporting, the Contractor shall report
accordingly, but not to exceed quarterly reports.
Nothing in the above should be construed as to
preclude supplying of information requested pursuant
to any investigation that may arise in the event
of an illegal discrimination charge.
(2) The Contractor shall implement and adhere to all
pertinent Equal Opportunity Compliance Procedures,
as adopted by the City Council of Lansing, and all
other applicable federal , State, civil rights, and
equal opportunity laws and regulations. Contractor;
will be furnished with copies of the aforemientioned
which are applicable to its operations by the City
of Lansing upon the execution of this Contract and
rr:ntr,°r• r., c clnn�r a bare 0 Shal �cknowIed e
receipt of these documents.
4 -
7. Eligible Costs of the Contractor. Under this contract, a cost
incurred or expenditure made by, or pursuant to this contract
shall be fully documented and shall be in conformance with
any limitations or exclusions of applicable federal , State,
and local laws, rules, regulations and conditions „undated
by the City of Lansing.
8. Records and Documentation.
A. Establishment and Maintenance of Records. The contractor
shall establish and maintain ali necessary records concerning
any matter covered by this contract which, from time 'to
time, may be required by the City of Lansing.
the contractor shall maintain all records related to this
contract., including financial records and accounts, for
a period of three (3) years after receipt of final payment
under this' contract.
C. If any litigation, claim, or audit is started before the
expiration of the three-years period,- the records shall
be retained by the contractor until all litigation, claim,
or audit findings involving the records- have been- resolved.
9. Audits and inspections.
A. At any time during normal business hours and as often as
the City of Lansing may deem necessary to ensure proper
accounting for all project funds, the contractor shall :
(1) Make available to the City of Lansing all checks,
payrolls, time records, invoices, contracts, vouchers,
orders and other data, information, and material
concerning any matter covered by this contract; and
(2) Permit the City of Lansing to audit, examine, excerpt,
or transcribe all checks, payrolls, time records,
invoices, contracts, vouchers, orders or other data,
information and material concerning any matter covered
by this contract; and
(3) Allow the City of Lansing to review such documents
that are considered as backup to the operation of
the contractor, regardless of funding source, to verify
all costs listed in the "Estimated Cost" column of
; ;
*� rpntr2rt 5 bu"d^-t cn,-'jnn
10. Conflict of interest.
A. Contractor covenants that no such interest exists and no
person having any conflicting interest in this contract
shall be employed for the purpose of performing the ser-
vices and activities set forth in the Scope of Services
section of this contract or fulfilli.,ng the terms, conditions ,
obligations, covenants, agreements, or stipulations of
this contract.
B. The contractor shall establish safeguards to prohibit
employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for
private gain for themselves or others , particularly those
with whom they have family, business, or other ties.
._aad..._transfer of Interest: Subcontracting. The _
contractor shall not assign or transfer, whether by assignment`"��
-- --^-` t': a;,._r,:-t ..r _r.:•
.perfonnance or portion thereof pursuant to this cont-rect without
the prior written consent of the City of Lansing, provided,
however, that claims for money due or to become due the contrac-
tor from the City of Lansing pursuant to this contract may
be assigned or transferred to a bank, trust company or other
financial institution without such consent, and the contractor
shall promptly notify the City of Lansing of any such assignment
or transfer.
12. Lobbying and Political Activities. None of the money, compensa-
tion, reimbursement, funds, property or services provided,
directly or indirectly, under, by or pursuant to this contract
shall be used for any partisan political activity or to further
the election or defeat of any candidate for any public office,
or, propaganda designed to support or defeat any legislation
pending before the Congress of the United States, the Michigan
State Legislature, or the City Council of the City of Lansing.
13. "Save Harmless" Clause. The contractor shall indemnify and
save harmless the flFty of Lansing against any and all damages
to property or injuries to or death of any person or persons,
including the property and employees or agents of the City
of Lansing, and the contractor shall defend, indemnify and
save harmless the City of Lansing from any and all claims•,
demands , suits, liabilities, and/or payments, actions, or pro-
ceedings of any kind or nature, including workers compensation
claims , of or by anyone whomsoever, in any way resulting from
or arising out of the operations in connection with this
contract, including the operations of subcontractors, and the
acts or omissions of employees or agents of the contractor
or his subcontractors. The insurance coverage specified herein
and in tr-� spcc-E- cond, t:ors ..nsti t�J I�' t�i�' .-�i r�ir-���I'� renuirP-
ments and said requirements shall in no way lessen or limit
the liability of the contractor under the terms and conditic,-'s
6 -
of this contract. The contractor shall procure and maintain ,
at his own cost and expense, any additional kinds and amounts
of insurance that, i,n his, own judgment, ° y mabe necessary .for
his proper protection in performing his obligations under this
contract.
14. Civil Rights.
A. , Contractor agrees that it will not discriminate as to
provision of services pursuant to this agreement or as
to hiring or -terms or conditions of employment based on
race, creed, color, religion„ national origin, sex, handicap,
- ---a r--ear---n�i c1*..,- crra 1-!�•. __
contractor ayrees that it „ill establish anc thereafter
maintain an Affirmative Action Plan which is in compliance
with the requirements promulgated by the Michigan Civil
Rights Cournission' and that it will establish written
personnel rules, guidelines , practices, and terms and
conditions of employment. The Affirmative Action Plan
and personnel rules established may be amended from time
to time, as necessary. Contractor shall supply the City
with copies of its personnel policies and Affirmative Action
Plan with copies of any amendments made to them. A violation
of this provision shall be a material breach of the contract.
B. The contractor will , in all solicitations or advertisements
for employees placed by or on behalf of the contractor,
state that all qual.ified applicants will receive consider-
ation for employment without regard to race, color, religion,
height, weight, marital status, sex, - age, handicap or
national origin.
C. The contractor; will send to each labor union oY
representative of workers with which the contractor has
a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the City, advising
the labor, union or workers' representative of the
contractor' s commitments under this nondiscrimination clause
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment under
this contract.
D. In the event of the contractor' s noncompliance with the
nondiscrimination clauses of this contractor or with any
of suc7 rules , regulations or D_� ers , ,his contract may
oe cancelled, terminated, or susNendCd ill 'r (iole of In part.
- 7 -
15. Compliance with the Law. In performing the services and
activities required under this Contract and in fulfilling
the terms, conditions, obligations , covenants, agreements,
and stipulations of this Contract, the Contractor shall comply
with all applicable federal , State and local laws including
the Architectural Barrier Act of 1968 (Barrier Free Design
Act) (20 USC 293, as amended by 29 USC 706) and where applicable
in relation to construction activities, the Davis-Bacon Act,
as amended (40 USC 276a-5); Copeland Anti Kick-Back Act ( 18
USC 874 as supplemented by 29 CFR, Part 3), and Federal Fair
Labor Standards provision as amended (52 Stat. 1060; USCA
201 et seq, 40 USC 327, 333, 5 USC 1332-15) Section 2 of the
Act of June 13, 1934, as amended (40 USC 276c).
6. City Charter. It is clearly understood that nothing contained
7''i -11S -_on1,r, . . 11L1; l �,_rrI ','•' ,..e. ., j ,) cf .Ensing Of any
rights that it may exercise by virtue of the provisions of
the Charter of the City of Lansing.
17, Severability of Provisions. If any clauses, sections,
provisions, or parts of this Contract are held invalid or
if any portion of any clause, section, provision or part of
this Contract is held invalid, the remainder of this Contract
would then continue to conform to the terms and requirements
of applicable law. Unless otherwise specified in this Contract
all notices, duties or rights of the City of Lansing shall
be exercised by and through this Contract as specified on
page 1 of this Contract.
18. Waiver. The failure of the City to demand compliance with
any -term of this Contract to take action when this Contract
is breached in any way shall not be considered a waiver of
that contractual requirement thereafter nor the City' s right
of action for the breach of that term.
r 19. insurance and Bonds.
In addition to any other insurance and bonding requirements
of this agreement, the Contractor shall maintain at least
the following insurance coverage :
A. Workers compensation coverage that meets at least minimal
State of Michigan statutory requirements.
6. Fidelity bonding for at least 1/12 of the total Contract
budget.
20 . Disclosure of Confidential Material
All reports , data , information, statements , forecasts ,
records , and so forth assembled , constructed, or prepared
pursuant to or as a consequence of this Contract are
subject to all federal and Michigan laws and regulations
governing the disclosure of public and medical records ,
subject to certain exemptions from disclosure under the
circumstances expressly authorized by the above laws and
regulations .
21 . City Department or Office . It is agreed by the parties
hereto that the office or department as identified in the
preamble hereto and through which the City of Lansing has
entered into this Contract shall be responsible for, the
administration of this con+-ra(-r hAhal ,F of rhAs,
Y 1C iI, :✓we autliGl 1 ty c%
responsibility for the E dmi'nist.ration of this Contract
may be transferred to any other office or department of
the City by the City of Lansing.
22 . Termination and Parties ' Election. The City of Lansing
may, upon thirty ( 30 ) days written notice to the
Contractor, with or without cause, terminate this
agreement and all of the City's obligations hereunder,
including any obligations to provide financial
assistance. The City may exercise its rights pursuant
to this provision regardless of whether the Contractor
is in default of any condition or obligation under this
4greement. Once the City of Lansing has provided written
notice to the Contractor, the City shall not be obligated
to supply financial assistance in an amount greater than
the average monthly payment to the Contractor over the
preceding months of this agreement . Average monthly
payment, for the purpose of this section, shall be
determined by totaling the City' s contribution from the
inception of the Contract until the time . notice is
provided and divide the number of funded months (or any
fraction thereof ) by. the amount of monies expended over
such period . The City shall also compensate in excess
of the average monthly payment .
- 9 -
PART III
CITY OF LANSING
TOTAL CONTRACT BUDGET
CONTRACT PERIOD 7/1/91 to - 6/30/92
PN-1747
AGENCY NAME: CRISTO REY COMMUNITY CENTER - DIVERSION PROGRAM
COST CATEGORY ESTIMATED COST CITY OF LANSING
SHARE
( 1 ) PERSONNEL $2 b , 087 . 00`------ ---$-26 , 087 . 00 -^- -
( 2) FRINGE BENEFITS 4 , 803 . 00 4 , 8103 . 00
( 3) OPERATING EXPEri SES 1, 805 . 00 1 , 805. 00
( 4) EQUIPMENT -0- -0-
TOTAL: $32 ,695.00 $32, 695.00
1
CITY OF LANSING
BUDGET JUSTIFICATION
PN-1747
AGENCY NAME: CRISTO RE'Y COMMUNITY CENTER - DIVERSION PROGRAM
ACCOUNT DESCRIPTION OF ITEM AMOUNT OR VALUE
NUIMFR OF ITEM
702 PERSONNEL: $26 , 087 . 00
740 OPERATING -EXPENSES : 1 , 805 . 00
2
CITY OF LANSING
FY 1991-1992
PN-1747
AGENCY NAME: CRISTO REY COMMUNITY CENTER - DIVERSION PROGRAM
SOURCE OF FUNDS
List all source of other funds which are part of the total
estimated cost of this contract. List cash contributions only.
SOURCE AMOUNT
1 . CITY OF LANSING $32 , 695 . 00
3 .
4 .
5.
6. .
7.
8.
9.
10. (TOTAL) $32, 695 . 00
3
IN WITNESS WHEREOF, the CITY OF LANSING and CRISTO REY
COMMUNITY CENTER -DIVERSION PROGRAM have executed this _Contract as
of the date first above written.
ATTEST CITY OF LANSING, a
Michigan municipal
corporation
By:
Terry J . M e , Mayor
j
i1_7 By
l /
J s Blair , City Glerk
Occ m C BY)
Title or Capacity
_ - By:.
y• - -
Title o capacity
APPROVED AS TO FORM ONLY
ALVAN/P. nKNOT, City Attorney
By:
I hereby certi-ly
that funds are
available in account
City Controller
ATTACEI ENT B
CONTRACT BETWEEN
THE CITY OF LANSING
AND
CRISTO REY COMMUNITY CENTER
(PN-17101 )
PART I
THIS CONTRACT entered into this / . /11-day of! '�PG
9-Elective froi;, Octoher 1 , -L991 through Septemb, 30, 1992 , by
rir;d be-wt n she= CITY OF L.ANSING, a municipal corpordLi(i)n, organized
and existing under the laws of the State of t,;ichigan, through its
Human Resources Department, hereinafter called "H.R.D. " , and CRISTO
-REY COMMUNITY C&NTER a nonprofit organization, organized and
existing under the laws of the State of Michigan, hereinafter
called the "Contractor" .
WITNESS THAT:
WHERE, the City of Lansing, through the Duman Resources
Department desires to engage the Contractor to perform certain
services and activities; and
WAS, the Contractor agrees to perform such services and
activities in a lawful, satisfactory, and proper manner and in
accordance with all policies, procedures, and requirements which
have been or, from time to time, may be prescribed by the Duman
Resources Department,
NOW, THEREFORE, the City of Lansing and CRISTO REY COMMUNITY
CENTER do mutually agree as follows:
1
1 . Project Objective( s ) . The project objectives of this Contract
are- here in establis:"ed as the standard( s ) to be used by the
City of Lansing to de•�ermine the impact and effectiveness of
the services and activities to be performed by the Contractor
under Section 2 below. The objective ( s ) are :
A. To reduce risk factors in targeted Lansing neighborhoods .
B. To reduce drug use and alcohol abuse in targeted Lansing
neighborhoods .
C . To increase individual resiliency factors of Youth and
Parent Coalition members in targeted Lansing neighborhoods .
2 . Scope of Service ( s) . In order to accomplish the project
objective( s ) defined in Section 1 above , -he Contractor shall
e the
Following service ( s , and aclz�ivities :
A. Shall provide one or more of the following services:
consultation, training of trainers , technical assistance ,
program development and ongoing support services for one or
more of the following groups: the following groups: Liaison
Committee, Participants, Neighborhood Prevention Teams, and
Middle/High School Youth & Parent Coalition.
B. Shall agree to.perform all functions in compliance with PHS
Grants Policy Statement, DHHS Publications No. (OASH)
90-50,000 (Rev. ) October 1, 1990 .
C. Shall agree to conform to U.S. Department of Health and
Human Services Certification Regarding Lobbying. (See
•Attachment)
D. Cristo Rey Community Center shall agr.ee. to expend funds in
accordance with the Grant Application Budget Justification' s
Object/Class Category unless otherwise modified by the Human
Resources Department through a budget revision subsequent to
authorization by O. S.A.P. officials .
E. Shall submit monthly financial and service reports
on forms designed and/or approved by the Human Resources
Department .
3 . Time of Performance.
A. On October 1 , 1991 , the Contractor shall commence
performance of the services required under this Contract.
B. The Contractor shall continue to perform such services and
activities until expiration of this Contract on September
30 , 1992 unless otherwise terminated pursuant to the terms
of this agreement.
4 . Compensation and Method of Payment.
A. As full and complete compensation for the Contractor ' s
satisfactory performance under and completion of this
Contract , the City of Lansing hereby agrees t'a pay the
_C n t r mec ca r—the maunt--of. 17w F rrTv
/)i1 ! ¢7 t) A n n n `v�T r
U . S . Department of Health and Human Services Grant - Funds .
B. It is expressly understood by and between the City of
Lansing and the Contractor that in no event shall the total
compensation and reimbursement , if any, to be paid the
Contractor, exceed the maximum sum of TWENTY THOUSAND
SIX HUNDRED FORTY AND 00/100 ( $20 , 640 . 00) DOLLARS from the
City of Lansing, U.S. Department of Health and Human
Services Grant Funds.
C. The Contractor agrees to provide any additional money,
services and/or physical resources which may be required to
complete its performance of this Contract, in accordance
with the budget limitations set forth in the Budget Sheets
of this Contract.
D. The Contractor shall agree to expend the funds on a
reimbursable basis , or as mutually agreeable between the
Contractor , H.R.D. , and the Cbntroller ' s Office.
P A R T II
1. Continued Funding. The City of Lansing makes no implied
or explicit guarantee, offer or representation of future
funding from Che City of Lansing beyond the termination
of this Contract. The City of Lansing further makes no
implied or expressed guarantee that it will not terminate
this agreement and the funding supplied with this agreement
pursuant to the terms and conditions of Paragraph 22.
2. Finance Procedures.
A. Central Accounting Office. A contractual agency' s
accounting operation may be incorporated into the City
_. nr ---Ll r S ,nr r . _ .
Cis.retion of the City of Lansing ;,nLrOi er.
City of Lansing invokes this provision, the Contractor
may by proper .notification [thirty (30) days] terminate
this Contract.
B. Suspension of Funding. The Controller in its sole
discretion, has the authority to suspend, reduce or
disallow any payment(s) of funds to the Contractor
included in Section. 4, notwithstanding any other provision
of this Contract, upon written notice to the Contractor
when: the internal fiscal controls and records established
pursuant to Section 4 and Section 6 are changed without
the Controller' s approval ; or, where in the opinion of
the Controller, there is a reasonable likelihood that
funds may be misused, misappropriated, or spent for an
ineligible purpose as defined within this Contract.
( 1) Any unearned payments under this Contract May be
suspended by the Controller upon the Contractor' s
refusal to accept and comply with any additional
conditions or requirements of the City of Lansing.
(2) Any unearned payments under this Contract may bA
suspended or reduced if the funding sources for
this Contract are reduced or suspended or terminated
for any reason.
3. Donation and Fees. Donations and fees which are received
by the Contractor in connection with provision of services
with this Contract shall be included in its monthly financial
reports in a balance sheet and operating statement presentation
showinq disposition of such donations and fees .
- 1 --
4. Contract Modifications. The City of Lansing , from time to
time, may expand, diminish or othergise modify the project
objectives, scope of services, or any other contract provision
related thereto, which the contractor is required to perform
pursuant to Sections 1 and 2- of this contract; provided,
however, that such modifications are mutually agreed upon
by the City .of Lansing and the Contractor, and incorporated
into written amendments to this contract after approval by
the City of Lansing.
5. Contractor' s Failure of Performance.
A. The failure of the contractor to provide any work or
services required by this contract in a satisfactory
and timely manner shall be. a material breach- of this
contract.
1) The City of Lansing in i s sole discretion shall
—"3e _ _F5—in e w„ether tre work is 52tic n "
ZE
(2) In the event the City of Lansing determines the
work or services provided pursuant to this Contract
has not been performed- in a timely or satisfactory
manner, the City of Lansing shall notify the
Contractor and allow Contractor ten ( 10) days to
cure any such failure to perform work or services
in a timely and satisfactory manner.
(3) ' In the event that Contractor fails to cure the
unsatisfactory or untimely work or performance
pursuant to the requirement 'of . sub-paragraph (2)
above, the City may take any other action permitted
by law or this contract, including but not limited
to termination or reduction in. compensation to the
contractor.
B. Reduction of Compensation by the CitY of Lansing. In
the event the contractor fails to perform, in a timely
and proper manner, any of the services or activities
required under this contract, the City of Lansing may,
in its sole discretion reduce or modify the compensation
payable hereunder to the Contractor in a manner which
appropriately reflects such reduction or diminution of
services or activities.
C. Termination by the City of Lansing.
( 1) In the event the contractor fails to fulfill in
a timely and proper manner, any of the terms,
conditions , or obligations of ,his contract, or
t:.e conzrac �r violates any or" the covenants,
agreements, or stipulations of this contract,
the City Council , or Mayor, in its or his sole
discretion and without notice terminate this
contract with no further liability to the contractor
beyond that expressly provided for within Section
5 herein .
(2) „ In the event this Contract is terminated:
(a ) A11 data, documents , drawings, maps , models,
photographs, , reports , studies and surveys which
have been or were prepared by the Contractor
with City of Lansing funds pursuant to the
Contract, become the property of the City of
Lansing; and
(b) The Contractor shall receive just and equitable
compensation for any work which the Contractor
satisfactorily completed pursuant to this Contract,
subject to (3) (b) below.
(3) It is agreed that nothing contained herein shall :
(a) Deprive the City of Lansing of any additional
rights or remedies, either at law or equity or
under the ter-ms , conditions, obliaations ,
Contract, ihich they may respectively assert
acainst the Contractor upon failure to fulfill
any of the terms, conditions, obligations,
covenants , agreements, or stipulations of this
Contract; or
(b) Relieve the Contractor of any liability to the
City of Lansing for any damages sustained by
the City of Lansing as a result of any_breach _
of Contract by the Contractor; and if it sustains
such damages, the City of Lansing may withhold
as a set off any payments due the Contractor,
until such time as an exact. amount of damages
sustained by the City off Lansing is properly
and legally determined unless otherwise terminated
pursuant to the terms of this agreement.
6. Reoorts and Information.
A. Financial Records and Reoorts. The Contractor agrees
to make and maintain adequate financial records in a
form satisfactory to the City Controller. Such financial
records and reports shall reflect all costs and expenses
incurred in performing this agreement and records of
the use of all consideration received pursuant to this
agreement. Financial records and reports of the Contractor
shall conforn with the "City of Lansing Standard Operating
Procedures for City Supported Agencies" to be made
available to the Contractor by the City Controller, which
manual is hereby incorporated by reference herein, and
further, the Contractor acknowledces and agrees that
�c.'.5 5 0
City Supcor`.ed Agencies" is available for use by the
Contractor and the Contractor shall have the duty to
be fully fa.„iliar with said manual .
3 —
B. General Operational Information. The Contractor r s hall
make a written report to The City as may
be red
from time to time by the City Department or office
designated in this Contract as responsible for
administration of this Contract on behalf of the City.
Such written reports shall include but shall not be
limited to a description of all services which have
been rendered pursuant to this Contract since the last
preceding such report and shall be in a form and shall
contain such other information as the City may specify.
Failure of the Contractor to submit within a reasonable
time such reports regarding the operations of the
Contractor shall be considered a material breach.
C. Administrative Practices and Policies. The Contractor
snall submit its "administrative practices and policies"
to the City of Lansing for review within sixty (60)
_.
xisfexecution of this Contract. The administrative `
,nc_uae, Uf_no 5 i�-'"T��_=._ ----
- -- — to: a statement concern',
ng enp-loyment, salary, ,Pace
rates, working hours, holidays, ;Tinge benefits (healt�,
hospitalization, retirement, etc. ) , and an accompanying
annual resolution of the Contractor' s Board of Director' s
adopting and/or readopting the original and/or revised
administrative practices and policies.
D. Eaual Opportunity Employment Reports.
_-- _ (1) The Contractor shall submit Employment Survey Reports
on forms provided by the Human Relations Department,
to the City Of Lansing at least annually in
conjunction with the Human Relations Department' s
municipal Employment Survey. Where procedures are
established by the Human Relations Department for
more frequent reporting, the Contractor shall report
accordingly, but not to exceed quarterly reports.
Nothing in the above should be construed as to
preclude supplying of information requested pursuant
to any investication that may arise in ' the event
of an illegal discrimination charge.
(2) The Contractor shall implement and adhere to all
pertinent Equal -Opportunity Compliance Procedures,
as adopted by the City Council of Lansing, and all
other applicable federal , State , civil rights, and
equal opportunity laws and regulations. Contractors
will be furnished with ccpies of the aforementioned
which are applicable to its operations by the City
of Lansing upon the execution of this Contract and
the Contractor' s signature hereto shall acknowledge
- 4 -
7. E-1igib1e Costs of the Contractor. Under this contract, a cost
incurred or expenditure made by, or pursuant to this contract
shall be fully documented and shall be in conformance with
any limitations or exclusions of applicable federal , State,
and local laws, rules, regulations and conditions mandated
by the City of Lansing.
8. Records and Documentation.
A. Establishment and Maintenance of Records. The contractor
shall establish and maintain all necessary records concerning
any matter covered by this contract which, from time to
time, may be required by the City of Lansing.
B. _Unlecc_ othPrwj�e expr-srlY authorl,,ad by +ha r4ry of L�! c4n-
- -
Tcontract, including financial records and accounts , for
a period of three (3) years after receipt of final payment
under this contract.
C. If any litigation, claim, or audit is started before the
expiration of the three-years period, the records shall
be retained by the contractor until all litigation, claim,
or audit findings involving the records have been resolved.
9. Audits and inspections.
A. At any time during normal business hours and as often as
the City of Lansing may deem necessary to ensure proper
accounting for all project funds, the contractor shall :
(1) Make available to the City of Lansing all checks,
payrolls, time records, invoices, contracts, vouchers,
orders and other data, information, and material
concerning any matter covered by this contract; and
(2) Permit the City of Lansing to audit, examine, excerpt,
or transcribe all checks, payrolls, time records,
invoices, contracts, vouchers, orders or other data,
information and material concerning any matter covered
by this contract; and
(3) Allow the City of Lansing to review such documents
that are considered as backup to the operation of
the contractor, regardless of funding source, to verify
all costs listed in the "Estimated Cost" column of
this contract ' s budoet section.
- 5 -
10. Conflict of Interest. .
A. Contractor covenants that no such interest exists and no
person having any conflicting interest in this contract
shall be employed for the purpose of performing the ser-
vices and activities set forth in the Scope of Services
section of this contract or fulfilling the terms., conditions,
obligations, covenants, agreements, or stipulations of
this contract.
B. The contractor shall establish safeguards to prohibit
employees from using positions for a purpose that is or.
gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those
with whom they have family, business, or other ties.
11. Assionment and transfer of Interest: Subcontrac'`ing. The
contractor shall not assign or transfer, whether by assignment
performance or portion thereof pursuant ,o tnis contract mitn3u''
the prior written consent of the City of Lansing, provided,
however, that claims for money due or to become due the contrac-
tor from the City of Lansing pursuant to this contract may
be assigned or transferred .to a bank, trust company or other
financial institution without such consent, and the contractor
shall promptly notify the City of Lansing of any such assignment
or transfer.
12. Lobbyinq and Political Activities. None of the money, Compensa-
tion, reimbursement, funds, prcperty or services provided,
directly or indirectly, under, by or pursuant to this contract
shall be used for any partisan political activity or
to further
office,
the election or defeat of any candidate for any public
or propaganda designed to support or defeat any legislation
pendiStatenLegeslaturefore heorotheess of the City Councilnofethe Ciigan
ty es Hof Lansithe ng.
13. "Save Harmless" Clause. The contractor shall indemnify and
save harmless the City of Lansing against any and all damages
to property or injuries to or death of any person or persons,
including the property and employees or agents of the City
of Lansing, and the contractor shall defend, indemnify and
save harmless the City of Lansing from any and all claims,
demands, suits, liabilities, and/or payments, actions, or pro-
ceedings of any kind or nature, including workers compensation
claims, of or by anyone whomsoever, in any way resulting from
or arising out of the operations in connection with this
contract, including the operations of subcontractors,- and the
acts or omissions of employees or agents of the contractor
or his subcontractors. The insurance cloverage specified herein
ard 4-1 ""P s-2_'.al c-n ' *ions consti'-j-e the minimum rec�Jire-
ments and said requirements shall in no may lessen
the liability of _he contractor under t`,e terns and conditions
- 6 -
of this contract. The contractor shall procure and maintain,
at his own cost and expense, any additional kinds and amounts
of insurance that, in his own judgment, may be necessary for
his proper protection in performing' his obligations under this
contract.
14. Civil Rights.
A. Contractor agrees that it will not discriminate as to
provision of services pursuant to this agreement or as
to hiring or -terms or conditions of employment based on
race, creed, color, religion, national origin, sex, handicap,
marital status, height, weight, or ace. Additionally,
maintain an affirmative Action Plan wnich is in compliance
with to requirements promulgated by the Michigan Civil
Rights Ccmmissior: and tlrat it will establish written
personnel rules, guidelines, practices, and terms and
conditions of employment. The Affirmative Action Plan
and personnel rules established may be amended from time
to time, as necessary. Contractor shall supply the City
with copies of its personnel policies and Affirmative Action
Plan with copies of any amendments made to them. A violation
of this provision shall be a material breach of the contract.
B. The contractor will , in all solicitations or advertisements
jor employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consider-
ation `or employment without regard to race, color, religion.
height, weight, marital status, sex, age, handicap or
national origin.
C. The contractor will send to each labor union or
representative of workers with which the contractor has
a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the City, advising
the labor union or workers' representative of the
contractor' s commitments under this nondiscrimination clause
and shall post copies of the notice in conspicuous places
available to er;rployees and applicants Tor employment ender
this contract.
D. 'n the event of the contractor' s noncompliance with the
non : scrimination clauses of this contractor or with any
of such rules, regulations or orders, this contract may
chic^e7,—e n h^,1e Dr iri Tart
7 -
15. Compliance with the Law. In performing the services and
activities required under this Contract and in fulfilling
the terms, conditions, obligations, covenants, agreements,
and stipulations of this Contract, the Contractor shall comply
with all applicable federal , State and local laws including
the Architectural Barrier Act of 1968 (Barrier"_ Free. Design
Act) (20 USC 293, as amended by 29 USC 706) and where applicable
in relation to construction activities, the Davis-Bacon Act,
as amended (40 USC 2' 5a-5) ; Copeland Anti Kick-Back Act ( 18
USC 874 as supplemented by 29 CFR, Part 3) and Federal Fair
Labor Standards provision as amended (52 Stat. 1060; USCA
201 et seq, 40 USC 327 , 333, 5 USC 1332-15) Section 2 of the
Act of June 13, 1934, as amended (40 USC 276c) .
16. City Charter_. It is clearly understood that nothing contained
_i-n t li +.)- ,-'.-- c n 1..1 i- i 4. —0 f . 1
rlgnts tnat Lt may exert,se cy virtue of the provisions —OT
the Charter of the City of Lansing.
17. Severability of Provisions. If any clauses,' sections ,
provisions, or parts of this Contract are held invalid or
if any portion of any clause, section, provision or part of
this Contract is held invalid, the remainder of this Contract
would then continue to conform to the terms and requirements
of applicable law. Unless otherwise specified in this Contract
all notices, duties or rights of the City of Lansing shall
be exercised by and through. this Contract as specified on
page 1 of this Contract.
18. Waiver. The failure of the City to demand compliance with
any -term of this Contract to take action when this Contract
is breached in any way shall not be considered a waiver of
that contractual requirement thereafter nor the City's right
of action for the breach of that term.
19. Insurance and Bonds.
In addition to any other insurance and bonding requirements
of this agreement, the Contractor shall maintain at least
the following insurance coverage:
A. Workers compensation coverage that meets at least minimal
State of Michigan statutory requirements.
B. Fidelity bonding for at least 1112 of the total Contract
budget.
- 8 -
20 . Disclosure of Confidential Material
All reports , data, information, statements -, forecasts ,
records , and so forth assembled, constructed , or prepared
pursuant to or as a consequence of this Contract are
subject to all federal and Michigan laws and regulations
governing the disclosure of public and medical records ,
subject to certain exemptions from disclosure under the
circumstances expressly authorized by the above laws and
regulations.
21 . City Department or Office . It is agreed by the parties
hereto that the office or department as identified in the
preamble hereto and through which the City of Lansing has
entered into this Contract shall be responsible for the
administration of this Contract on behalf of the City of
-_ Lansinr7 , - rrovi,'ina . h c ✓er . `hat _ a1ith�,r_ir� l
�sr,�r���biiity for trio E:: mi.n -stration of this Contract
may `-e transferred to anv other office or department of
the City by the City o_ Lansing.
22 . Termination and Fart-es ' Election. The City of Lansing
may , upon thirty ( 30 ) days written notice to the
Contractor , with or without cause, terminate this
-
agreement and all of the City' s obligations hereunder,
including any obligations to provide financial
assistance. The City may exercise its- rights pursuant
to this provision regardless of whether the Contractor
is in default of any condition or obligation under this
agreement. Once the City of Lansing has provided written
notice to the Contractor, the City shall not be obligated
to supply financial assistance in an amount greater than
the average monthly payment to the Contractor over the
.preceding months of this agreement. Average monthly
payment , for the purpose of this section, shall be
determined by totaling the City' s contribution from the
inception of the Contract until the time . notice is
provided and divide the number of funded months (or any
fraction thereof) by the amount of monies expended over
such period. The City shall also compensate in excess
of the average monthly payment .-
_ o _.
PART III
CITY OF LANSING
TOTAL CONTRACT BUDGET
CONTRACT PERIOD 10/1/91 to 9/30/92
PN-17101
AGENCY NAME: CRISTO REY COMMUNITY CENTER
COST CATEGORY ESTIMATED COST CITY OF LANSING
SHARE
( 1) PERSONNEL -0-
( 2 ) FRINGE BENEFITS -0- �`)
( 3 ) OPERATING EXPENSES $ 20 , 640 . 00 $ 20 , 640 . 00
( 4) EQUIPMENT -0- - -0-
Tay; $ 20,640.00 $ 20, 640.00
1
CITY OF LANSING
BUDGET JUSTIFICATION
PN-17101
AGENCY NAME: CRISTO REY COMnINITY CENTER
ACCOUNT DESCRIPTION OF ITEM AMOUNT OR VALUE
NUMBER OF ITEM
702 PERSONNEL: -0-
- - - —`�.�,.... si53Ti"r!--tar.r •-- ---��...�..a.�.+..asT�-s..--�.-Q.�a=—- ----'-
740 OPERATING EXPENSES: $ 20 , 640 . 00
480 Service hrs. @ $43 . 00/hr .
977 EQUIPMENT: -0-
2
CITY OF I,ANSING
FY 1991 - 1992
PN-17101
AGENCY NAME: =-STO REY C0MD3U1,TTTY CENTER
SOURCE OF FUNDS
List all sources of other funds which are part o the total
estimated cost of this Contract . List cash contributions only .
SOURCE AMOUNT
1 . U. S. Department of Health and $ 20 , 640 . 00
2.
3 .
4.
5.
6.
7.
9.
10. (TOTAL) $ 20 , 640. 00
3
IN WITNESS WHEREOF, the CITY OF LANSING and CRISTO REY
COMMUNITY CENTER have executed this Contract as o' the date rirst
above written.
ATTEST CITY CF LANSING, a
111" chigan municipal
corporation
` By:
Te- v ma_ cr
L By:
e Blair , City Clerk
C By
Title or Capacity
By:
Title or Capacity
APPROVED AS TO FORM ONLY
ALVAN F . KNOT, City Attorney
3v
here-. cert,ry
`-laz --nds are
�lab in ac-ount
C ty Controller
CONTRACT BETWEEN
-- ArrActIMrrr c
Cif
s ;.:. . . y of LQNSING--L--_ -r I N T E R O F F I C E C O h M U N I C A T
I O N
Tn: Loui s S. Kl iniecky, Chief of Internal Audit
FP(_XI: Jac ueIine Warr, Human Resources Director
DATE: /j5 e?
SUBJECT: Sign-off Procedure Relative to Audit Ability of All Contracts and Amendments
The Mayor requested the sign-off procedure to be instituted, prior to
his signing of contracts, by the Internal Audit Department. Will jou
please review the attached contract amendments for the
ul" .tio as to whether the Contract
Amendment is auditible.
Yes-/ No
ouis S. Klt
JW:ms
Attachment
,a-=.`I lJIdENT OF THE C ONZ=CT -
BE tN'EEN
1 ClE l.1 1 Y OF L!L\S 1 L\G
111�D
CRISTO REY COMMUN—LTY Ct:tl L
[iN-iii8 )
PART I
'vr'HMZAS, Liie City Of Lansing and CRISTO R11 COi+MMNITY CENTER,
Duly' 1 , 1»1 L1:LuLLg- LC: eiTLUeI
91 , in ui.Uer t0 yiOvide certain services ; and,
'WHEREAS, the City of Lansing and CRISTO REY COMr-UNIT' CENTER
mmended and extended said contract as of January 7 , 1992; and
WHEREAS, the City of Lansing and CRISTG :BEY CCNMNITY CENTER
do now desire to amend said contract;
NOW, THEREFORE, the City of Lansing and Cristo Rey CourAnity
Cc-tar, do �hereby hi.s - day of �•U'ually agree
L� amend said contract--;.--foll�,ws
1. Fart 1 , Section 4. Compensation and Method of Faylnt,
raragraphs A. and B. shall be amended to Increase the Dollar
amounts from FORTY EIGHT THOUSAND AND 00/3100 ( S48,000) DOLLARS to
cir,'y SEE THVjSAND AND 00/100 ( $53 ,000) DOLLARS respectively.
2. Part ZII , The Budget pages shall he deleted and superseded 'by,
l,*c attached new Budget pages.
3. All other terms and conditions of this Contract, effective from
', nchanged .
71 ART 111
CITY OF LANSING
TOTAL CONTRACT BUDGET
-RA— PERIOD 7 " 91 to 6/30/92
PN-1778
AGENCY NAME: CRISTO REY COMMUNITY CE -- (Combined Budgets -
Child Services, Handicap, Direct assistance)
COST CATEGORY ESTTIIM - COST CITY OF LANSING
( i) PERSONNEL $i08, 951 . 00 30 , 251 . 00
(2) FRINGE BENEFITS 17 ,980 . 00 7 , 931. . 00
(3) GPERATING EXPENSES 1i5,075 . 00 8 ,768 . 00
(4) EQUIPMENT -0-- -0-
�` $292,006-. 00 53 ,000.0.0
1
CITY OF LANSING
BUDGET JUSTIFICATIOI+
rid-17 10
AGENCY HAMS: CRISTO REY COMMUNITY CF'=
ACCOUNT DESCRIPTION OF ITM A14OUNT OR 'VALUE
NU?BER OF I7-1"1
702 PERSONNEL: $ 3o , 2�i .`GO
15 r':.�NGE BEliEFl"L'S . CIO
�t
740 OPERATING EXPENSES:
Midwest Hi-spanic in-st. $7 , 000
Cristo Rehr Center 1 ,7Gfi
2
0I7Y OF LANSING
FY 1991-1992
PN-1778
AGENCY NAME: CRISTO REY COMMLT:,TITY CMITw...FZ
SOURCE OF FUNDS
List all source of other funds which are part of the total
estimated cost of this contract. List cash contributions only.
SOURCE AMOUNT
1 . CITY OF LANSING 53 , 000 . 00
2 . Cotol':tilTY M%.NTAL H:�ALTH 17 , 4:,8 . 001.
3 . F. E.M.A. 34 ,785 . 00
4 . DONATIONS 18 , 000 - 00
5. CRISTO REY GENERAL FUNDS 7 ,000.00
6. CAUW 104,051.00
7. DIOCESE OF LANSING 6,482.00
B. FUNDRAISER 1,219.00
9.
10. (TOTAL) $242, 006.00
J
IN WITNESS WHEREOF, the CITY OF LANSING and MRISTO REY
COMMUNITY CENTER have executed this contract as of the date
first above written.
A'LLEST: CIii OF LANSING, a
Michigan municipal
corporation
By:
Terry J . McKane, Mayor
BY
Janes Blair , City Clerk
Title or Capacity
By:
Title or Capacity
APPROVED AS TO FORM ONLY
ALIIAN P. KNOT, City Attorney
I hereby certify
that funds are
a,.ailable in account
,o,- r3y,oi- 9600'sv- o
poi- 7J371e- 140049-0
,oi- 1337ro- &?j;M?I' U
/e FY3710- -j4ei 20- O
�o� City Controller
-- ATTACR14ENT D
HUMAN RESOURCES DEPARTMENT
3rd Floor,Washington Square Annex
1 19 N Washington Square
Lansing,MI 48933
* * (517)483-4477
RECEIVEDDEC 2 3 1991
December 19 , 1991
Tony Benavides , Executive Director 1
.�..____.-ar-_W''a--o..�..1_..Z7.ss�.._(—'sa +�w•..f.._a-!_.a—!'—,asa tsa ae.-__ ._""__._.r__._..r...�__
1717 N . High St.
Lansing, MI 48906
Dear Mr. Benavides :
Please sign the original and two copies of the attached contracts
and return to this office.
Thank you.
Sincerely,
Jesse Lopez
r
amended
"Equal Opportunity Employer"
AMENDMENT OF THE CONTRACT
BETWEEN
THE CITY OF LANSING
CRISTO REY COMMUNITY CENTER
(PN-1778)
PART I
COMMUNITY CENTER,
.•1=21 S +,,� r; of Lansing and CRISTO - -- —
entered into a contract , effective J -iy
31 , 1991 , in order to provide certain services ; and,
WHEREAS, the City of Lansing and CRISTO REY COMMUNITY CENTER
do now desire to amend and extend said contract;
NOW, THEREFORE, the City of Lansing and Cristo Rey Community
Center, do hereby this day of
mutually agree-
to amend said contract as llows:
1. Part 1 , Section 2 Scope of Service( s) ; scope A. shall be amended
to increase the number of individuals provided emergency food
assistance from ten thousand ( 10,000-) to twenty thousand (20,000) .
2. Part 1 , Section 2 Scope of Service(s) , Scope C. shall be amended
to increase the number of Lansing residents receiving im ediate
emergency services from five hundred ( 500) to one thousand (1,000) .
3 . Part I , Section 2 Scope: of. Service( s) , scope D. shall be amended
to increase the number of youth served from two hundred f if ty (250)
to five hundred ( 500) .
4 . Part I , Section 2 Scope of Service( s) , scope G . shall become
scope H. , and the new scope G. shall read as follows :
G . Shall provide emergency funding for operational costs to
the Midwest Hispanic Institute .
5 . Part I , Section 3 . Time of Performance , paragraph B . shall be
amended to extend the expiration date of this contract -rom
December 31 i991
6 . Part I , Section 4 . Compensation and Method of Payment ,
paragraphs A. and B�E'a,HOUb A amended0/100 ( $23e000 . 00) DOLLARS
ase the Dollar
amounts from TWENTY
to FORTY EIGHT THOUSAND AND 00/100 ( $48 , 000) DOLLARS respectively .
] . Part III pages shall be deleted and superseded by
the attached new Budget pages .
8 . All other terms and conditions of this Contract , effective from
July 1 , 1991 through December 31 , 1991 , now amerided and extended to
be effective through June 30 , 1992 , sha1.1 remain intact and
unchanged
PART III
CITY OF LANSING
TOTAL CONTRACT BUDGET
CONTRACT PERIOD 7/1/91 to„ 6,/30/92
PN-1778
AGENCY NAME: CRISTO REY COMMUNITY CENTER - (Combined Budgets -
Child Services, Handicap, Direct assistance)
COST CATEGORY ESTIMATED COST CITY OF LAJiSING
SHARE
( 1) PERSONNEL $108 , 951 . 00 $ 36 , 251 : 00
(2) FRINGE BENEFITS 17 , 980. 00 7 , 981 . 00
(3 ) OPERATING EXPENSES 110, 075. 00 3 ,768 . 00
(4) EQUIPMENT -0- -0-
TMALs $237,006.00 $ _ 48,000.00
1
CITY OF LANSING
BUDGET TJSTI F I CATI ON
PN-1778 .
AGENCY NAME: CRISTO REY COMMUNITY CENTER
ACCOUNT DESCRIPTION OF ITEM AMOUNT OR VALUE
NUMBER. OF ITEM
702 PERSONNEL: $ 36 , 251 .,00
740 OPERATING EXPENSES: 3 ,768 . 00
2
CITY OF LANSING
rY i991-1992
PN-1778
AGENCY NAME: C.RI STO IKE-f COYMMITY CMTFIZ
SOURCE OF FUNDS
List all source of other funds which are part of the total
estimated cost of this contract. List cash contributions only.
SOURCE AMOUNT
1 . CITY OF LANSING $ 48 , 000 . 00
3. F .E.M.A. 34 ,796 . 00
4 . DONATIONS 18 , 000 . 00
5. CR.ISTO KEY GENERAL FUNDS 7 , 000 . 00
6. CAUW 104,051. 00
7 . DIOCESE OF LANSING 6 , 482.00
B. FL DRAISRR 1 , 219 . 00
9.
10. (SAL) $237 ,006 . 00
3
IN WITNESS WHEREOF, the CITY OF LANSING and CRISTO REY
COMMUNITY CEN'I'T_.R have executed this contract. as "of the date
first above wr-tten. ,
ATTEST: CITY OF LANSING , a
Michigan municipal
corporation '
By
Terry J. McKane , Mayor
By
James Blair , City Clerk
�ax-A
� y
Title or Capacity
1 L BY: �aL
Title or Capacity
APPROVW AS TO FORM ONLY
ALVAN P. KNOT, City Attorney
By: R
I hereby certify
that funds are
available in account
io! — S�3',//a/- 96
City Controller '
A J T'ACHMENT E
CITY OF LANSING
FY 1991-1992
PN-17 47 _ DIVISION PRO .r1
AGENCY NAME: CRISTO Rr-Y COMMUNITY CEN=
SOURCE OF FUNDS
List all source of other funds which are part of the �otal
es z i ma;.ed cost of this contract.
List cash contri. ons only .
MOUNT
SOURCE
532 , o?S _ QO
OF jANSING
3 .
4 .
5 .
6.
7 .
8.
9.
g32 , 695. 00
10. (TOTAL)
3
C=-1, OF LANSING
BUDGET JUSTIFICATION
PN-17 47
AGENCY NAME: CPcISTU REY COMMUNiT1 CE2rTER — OiV 2SION PROGRA*�
ACCOUNT DESCRIPTION OF ITEM .AMOUNT OR VAL TE
OF ITEM
NU2 M ER
702
?ERSONNEL: S-26 , 087 . 00
740 OPERATING EXPENSES : 1 , 805 . 00
CRISTO KEY COMMUNITY CENTER
1992-93 BUDGET
CITY OF LANSING
PERSONNEL CHILD 'SERVICE HANDICAP DIFECT ASSIST ,NCE
20 hr Coordinator at $8.00 X 52.2 $8,352
20 hr Coordinator at $11 .34 X 52. 2 $11 ,839
40 hr Aide at $6.00 X- 52.2 $12,528
20 hr Intake at $6.00 X 52.2 6,264
BENEFITS
FICA .0765 639 906 1 ,438
Comp .0202 168 238 378
Unemployment .01 84 118 188
Reti rerrent .066 827
OPERATING EXPENSES
Supplies 757 899 377
TOTAL $10,000 $14,000 $22,000
X
T,
Ll C I-r, .,,i
r
k
1. C- L
C: Ln t,l 4- C'i,C, I A- 1 C, C: —
C r,
C: M.
Ln L'.
rj *�
i.
J w Cfj 4. kl:LP'11
C. (A (.n 6, mi cl J- C, C.
C-
Ln h--
IJ U.- J-
Ll. L4 0} C,
re 1. C: Cm
71
11 .
F,j L
Cz C-Ul LA 4.J-C-vo RI G
6.C,
10 to
J. 41 14
Vy aj—w i.,—
I,.; Pj C. to a, pj Cd w V:4. (,u tl rl h1 i,i -A 4 0 *"
c 0, G.,C.Cr r, C. C'. C,fj 0 C,
M
if
p -4 1 r,i L4(4., 4- --1
NY.
m x rr.
NJ P. G C.
n-.
C. C
W t Vj N Ln -_q
j Z. c. C. .:f,.
.0 Cl u 4. L :j
LF I
M
Uj J I, J. u 0 f" Z
h. C. U. j VI V. (I. C. 4- LA p, C. 0 C. 0 C. 4.
7
(P
Z C.
rj
t r j
f, Ln
.� ATTACrI;`11:NT F
CRISTO REY COMMUNITY CENTER
MAIN HALL
Usage for 1991
tan-Dec(Cx/month) American G.I. `Crum
Jan-Feb Vlrclr)a Zunlac
January Mlcnloan Women's Assembly
Feb Sioning of Mexican Treaty Scholarship Funaral:.er
Feb health Fair
Mar Jose Arambula Funaraiser
March Diana Marinez,MSU
Marcr: Rob Curtner, Micrigan Men's Gatnerine
April Dave Hollister Fundraiser
April Women in Community Service
;iune, July,Aug Black Social Workers Association
June P.I.C. Meetino
July DNR-Motor Wheel Hazardous Site Meeting
July Michigan Farm Workers Ministry
Pat Linderman Fundraiser
American G.I. Forum Fundraiser
Rua-Nov Maranatha Spanish Assembly of Goc Church Services
while rebuilding
Sept Community Leadership Development Acaaemy Meeting
October _ Motor Wheel Meeting ----
Cctcber Publi: Hearing
Mark Canacy Funaraiser
November Maranatna Spanish Assembly of God Church Rally/Dinner
Ingham. �ounty.Democratic Party Meeting
MSU Julian Samora Research Institute
December indian Substance Abuse Christmas Party
ATTACfIMEHT G
a
CRISTO REY COMMUNITY CENTER
CLASSROOM ?09
Usage for 1991
Jan-ADril LC�_ Spanish "_;asses MonaayS and Weonescays
Sept-Dec _Z -lase Mazica 'Comnputers tnrougn MSU S days a week
Jan-June, Sept-Dec Lansing School District Adult Education
December Larry ArreCuln - Fundraiser meeting
CLASSROOM;•210
Usage for 1991
Jan-Dec Lansing School District Migrant Education
CLASSROOM 213
Usaqe for 1991
Jan-JunE,Sept-Dec Lansinc School District Adult Education
CLASSROOM 112
Jan-May, Sept-Dec CACS Head Start Program
i ,
CRISTO REY COMMUNITY CENTER
CONFERENCE ROOM 205
D,,acr_' for 1991
Jan-June and Seot.-De_. e_ Pare^ ,.-ou:
Jan-Dec. htaar `_enter C;ttze =Gel tier
Feb-June +'tc Stlr Mel, Elear rc_ se
Jar,,Mar,May,Oct,Dec ?,chiaan Office on Mtorar.; Services
Jan,May,June,Nov Meetino
Jar. Spartan cuddies
Feb MSL Scnool of Social Wor-
Feb,Oct,Nov,Dec MSU Julian Samora ReSEarcn Institute
et Students
Mar,Apr,May,Sept Michioan Hispanic Mental Health & Human cervices Assoc.
Mar,June,Aug,Nov,Dec Michioan Farm Workers Coalition
Aor Recional Interaoencv Committee
A.;r Lensinc School District Migrant Education Meeting
"say, ',une,july,0.t,Dec Minority Aging Provider:
May V LC: minority Group
;one Greater ;,arsine Food LanK Me_tinc
.jne MiCriGan rboli_,on for i tOratlon & Refuge ProtectiGr,
Juiy Michioan Social Workers Association
u'�,Auo Micr,igan Suostance Abuse Association
July El Renacimiento Board Meetinc,
Sept Dioces- Minis
..,.,_esar. tfe '%eetirc
Mricnigan Oft-ice on Agin;
novertoer;2; Human Relations/Lansing police De par trru_nt_'CoTTwnity
November Catnolic Social Ministry
December N.ivor's Citizen Committee
.ate Journal In-Service/Jane Ledesma
ti
CITY OF LANSING
_ T v. Interoffice Communication
7/28/92
TO: Mr.John Mertz, Chairperson,Board of Ethics
FROM: Tony Benavides,Third Ward Councilmemb7r
/��
SUBJECT: Disclosure of Possible Conflicts of Interest: Cristo Rey
Enclosed,please find my answers and the appropriate materials,in regard to
your request for information.
Please let me know if you need additional information or clarification regarding
my statement.You can contact me at my City Council office (483-4191)or at my
Cristo Rey office (3724700).
TBA
Enclosures
cc: Board Members Blair, Cook,Knot and Rhodes
Printed on Recycled Paper
December 17, 1991
TO: BOARD OF ETHICS
FROM: HAROLD LEEMIAN Jr.
529 Y. Francis
LA,NS ING 9 Mi . 43912
ph: 482-2947
Re: ETHICS AND COUNCILMEMBER TONY BENAVIDES
Dear Board Members:
On December 16, 1991, Counci.lmember Tony Benavided used his power to
suspend the rulesq ;and instead of sending letter #15 to the General Servx:;,�
ices committee, he requested this issue become a ,ACTION ITEM ,_ therefore
council would vote on the issue the same day they recieved the letter
from the mayor. Councilmember Benavides should not of even been involvdd
in this matter since there is a direct conflict of interest between him
and the person being appointed. The conflict of interest consist of the
FACT that the appointment(Mr. Rudy Reyes) is on the Board of Cristo Rey
Community Center' and therfore is the Board that oversees the running of
Cristo Rey and its director----TOMS 3ENAVIDES.
I request that the Board investigate this matter7 and render a
advisory opinion to me in the next 30 days or by your next meeting date
in January 1992.
YOTE: Enclosed is a copy of the�'.,APPLICATION for membership on City Board
by Rudy Reyes.
THANKS FOR TAKING THE TIME--
CITY OF LANSING
BOARD OF ETHICS
July 7 , 1992
Honorable Tony Benavides
Lansing City Councilmember
10 Floor, City Hall
124 West Michigan Avenue
Lansing, Michigan 48933
Re: Disclosure of Possible Conflicts of Interest: Christo Rey
Dear Councilmember Benavides :
Several matters have come to the attention of the Board of
Ethics over the past months respecting possible conflicts of
interest between your role with your employer, Christo Rey, and
your role as a City Councilmember . The Board has , as a consequence
delegated me to make discrete inquiries for information from you.
Firstly, it appears that your employer receives funds from the
City of Lansing , of which at least some comes to it by means of
decisions made during the City' s annual budgeting process . To our
knowledge, no Affidavit of Disclosure has ever been filed by you
regarding any potential or apparent conflicts of interest that may
arise with respect to your participation in this process . If , in
fact, Christo Rev does receive funds from the City pursuant to the
budgeting process in which the City Council participates, then The
Board of Ethics would appreciate your filing of an Affidavit of
Disclosure, which should address the following points:
(1) What City of Lansing Funds are received by your entity ,
specifying the programs or line items of your entity budget these
are allocated to;
( 2 ) Whether any part of your compensation, direct or
indirect, depends on or is paid from those funds ;
( 3 ) Whether you have any role in determining what funds are
applied for, or in obtaining any information for your entity
respecting the programs for which funds are sought, or in preparing
any materials presented to the City in obtaining any City funds , or
in deciding how those funds will be used by your entity;
(4 ) With respect to how funding decisions are made by the
City, whether you participate in any official or unofficial review
of funding requests made by your entity, or in any other way in any
part of the decision-making process which allocates and/or approves
the payment of any funds to your entity, whether officially or
unofficially, formally or informally.
The Board of Ethics would also appreciate a copy of Christo
Rey ' s budget or other financial report in which the allocation of
any such funds appears.
The Board has also received information that one or more
political fundraisers for City Council candidates have been held at
Christo Rey. If so, please indicate in your affidavit or in a
separate disclosure:
( 1) The percentage such activities bear to all use of the
facilities by groups other than those directly affiliated with
Christo Rey and its programs ;
( 2 ) The customary rental terms to groups other than those
directly affiliated with Christo Rey, and whether the rental terms
for any such political meetings differed in any respect or amount
charged.
( 3 ) The names of the candidates for whom any such fundraisers
were held; The names , addresses and telephone numbers of the
sponsors of any such events ; and The name, address and telephone
number of the individual who arranged the use of your entity' s
facilities.
( 4 ) A listing of any other services afforded any other
officers or employees , whether they are also offered to the general
public upon the same terms and at the same cost, and a listing of
any such City of Lansing personnel or groups to which these
services have been afforded.
( 5) Who makes the decision to allow the use of your
facilities for this purpose? What is your role in the decision-
making process?
( 6 ) Are City of Lansing funds paid to your entity used either
directly or indirectly for these affairs? If so, in what ways?
Lastly, it has been alleged by a private citizen, that you
facilitated and participated in City Council approval of Rudolpho
Reyes to the Cable Advisory Board without disclosing that Mr. Reyes
was at the time a member of the governing board of Christo Rey,
your employer. Assuming this governing board determines all or any
part of your compensation, or in any other way supervises your
performance in your job, then separately please advise why you do
not feel the filing of an Affidavit of Disclosure was appropriate
in this instance.
If I can be of any assitance in clarifying any of the
information sought by this inquiry, please call me. Upon receipt
of your responses , the Board will determine whether a personal
interview to request further amplification is required. You may
also request an appearance before the Board to
address any comments to us you may care to share. Our next
regularly scheduled meeting, when the matter will be considered, is
Honorable Tony Benavides
July 7 , 1992
Page Two
Tuesday, July 28 , 1990 at 5: 00 p.m.
Your anticipated cooperation in these regards is appreciated.
Very truly yours ,
JO N F. MERTZ�
Ciai man, Lansing Board of Ethics
JFM: id
cc: J. Blair
COUNCILMEMBER BENAVIDES'
RESPONSE TO THE QUESTIONS ASKED
BY
MR. MERTZ, CHAIRPERSON OF THE
BOARD OF ETHICS
(1) What City of Lansing Funds are received by your entity, specifying the
programs or line items of your entity budget these are allocated to;
Answer: See Affidavit of Disclosure.
(2) Whether any part of your compensation, direct or indirect, depends on or is
paid from those funds;
Answer: My salary does not come from any City source.
(3) Whether you have any role in determining what funds are applied for, or in
obtaining any information for your entity respecting the program for which
funds are sought, or in preparing any materials presented to the City in
obtaining any City funds, or in deciding how those funds will be used by
your entity;
Answer: Yes, as Executive Director of the Center,I do have a role in
determining which funds are applied for.
As Executive Director of Cristo Rey Community Center,I do not have or
obtain any information other than that which is provided to everyone by the
City of Lansing. I do have a role,as Executive Director of the agency,in
determining what funds we apply for and specific proposals address how
the funds will be spent when the proposal is submitted. The staff prepares
the proposals for my review and comment,and they are then passed on to
the Board and then submitted to the funding source.
(4) With respect to how funding decisions are made by the City, either you
participate in any official or unofficial review of funding requests made by
your entity, or in any other way in any part of the decision-making process
which allocates and/or approves the payment of any funds to your entity,
whether officially or unofficially, formally or informally.
Answer: Through the submission process, I am aware of when Cristo
Rey Community Center applies for funds and when it will be coming to a
2
vote.I do not discuss Cristo Rey funding with anyone, and always abstain
from voting when any funding comes up for a vote.
The Board of Ethics would also appreciate a copy of Cristo Rey's budget or
other financial report in which the allocation of any such funds appear.
The Board of Ethics would also appreciate a copy of Cristo Rey's budget or
other financial report in which the allocation of any such funds appears.
Answer: Copy enclosed. (Attachment E)
The Board has also received information that one or more political
fundraisers for City Council candidates have been held at Cristo Rey. If so,
please indicate in your affidavit or in a separate disclosures.
(1) The percentage such activities bear to all use of the facilities by
groups other than those directly affiliated with Cristo Rey and its
programs.
Answer: Activity Report enclosed (Attachment F)
(2) The customary rental terms to groups other than those directly
affiliated with Cristo Rey, and whether the rental terms for any such
political meetings differed in any respect or amount charged.
Answer: Generally, there is no charge for a non-profit
organization. Donations are accepted from others.
(3) The names of the candidates for whom any such fundraisers were
held; the names, addresses and telephone numbers of the sponsors
of any such events; and the name, address and telephone number of
the individual who arranged the use of your entity's facilities.
Answer: Patrick Lindemann Fundraiser
Mary Holmes, Campaign Arranger
332-~
Mark Canady Fundraiser
Mark Thomas, Campaign Arranger
485-4981 or 351-7000
(4) A listing of any other services afforded any other officers or
employees, whether they are also offered to the general public upon
the same terms and at the same cost, and a listing of any such City of
3
Lansing personnel or groups to which these services have been
afforded.
Answer: All of the services of the Center are offered to officers and
employees of the Center and to the general public. Groups and
organizations fill out a request form to use available space. Please
refer to activity report enclosed. (Attachment G)
(5) Who makes the decision to allow the use of your facilities for this
purpose? What is your role in the decision making process?
Answer: The Executive Secretary schedules requests for the hours
during which the Center is open after I have reviewed them. I make
the final decision on the use of the Center's available space.
Occasionally,in my absence,someone from the Administrative staff
makes the decision.
(6) Are City of Lansing funds paid to your entity used either directly or
indirectly for these affairs? If so, in what ways?
Answer: City of Lansing funds are not involved in extra use of the
Center.
Lastly, it has been alleged by a private citizen, that you facilitated and
participated in City Council approval of Rudolpho Reyes to the Cable
Advisory Board without disclosing that Mr. Reyes was at the time a
member of the governing board of Cristo Rey, your employer.
Assuming this governing board determines all or any part of your
compensation, or in any other way supervises your performance in
your job, then separately please advise why you do not feel the filing
of an Affidavit of Disclosure was appropriate in this instance.
Answer: Due to the absence of Councilmember Ford,Chairperson
of the General Services Committee,I agreed to suspend the Council
rules to introduce Mr.Reyes' name to the entire Council.
Mr.Reyes was recruited by Ms.Theresa Porn,Chairperson of the
Cable Advisory Committee to serve on this Board. The Mayor was
concurring with this appointment. I was not aware that Mr.Reyes'
name was coming up for consideration until I arrived at the
meeting.At that time, I was advised by staff that immediate action
needed to be taken by Council as this board was having trouble
maintaining a quorum for their meetings.
4
Since I introduced it, I did move for his appointment and it was
unanimously confirmed. Subsequently,Mr.Reyes no longer serves
on the Cristo Rey Board
I did not feel that it was in conflict of interest because I am an at will
employee of the Catholic Diocese of Lansing and work at the pleasure
of the Bishop. Cristo Rey Board members serve at the pleasure of the
Bishop also.
Re pectfu submitted,
1
'TO BENAVIDES
Third Ward Councilmember
TB/fk
Attachments
cc: Board Members Blair, Cook, Knot and Rhodes