Loading...
HomeMy WebLinkAboutResolutions - 1983.12.08 - 11482December 8, 1983 Misc. Res. 83362 Re: LEGAL COUNSEL FOR BOARD or COMMISSIONERS To The Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the transfer of the office of Corporation Counsel from the Board of Commissioners to the County Executive's jurisdiction has made it necessary for the Board of Commissioners to obtain their own legal Counsel ; and WHEREAS, the Chairman of the Board has appointed a Committee to consider the matter and make recommendation regarding the most efficient approach to obtaining independent legal counsel; and WHEREAS, the Committee has reviewed proposals from several law firms and has recommended contracting with the firm of Kohl, Secrest, Wardle, Lynch, Clark and Hampton. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached contract with the firm of Kohl, Secrest, Wardle, Lynch, Clark and Hampton and authorizes the Chairman of the Board of Commissioners to execute same. PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made this day of December, 1983, between the Board of Commissioners of the County of Oakland whose principal address is 1200 North Telegraph Road, Pontiac, Michigan 48053, hereinafter referred to as "Beard", and Kohl, Secrest, Wardle, Lynch, Clark and Hampton, whose principal address is 30840 Northwestern Highway, Farmington Hills, Michigan 48018, hereinafter referred to as "Contractor"; WIT,NESSETH: For and in consideration of the mutual convenants and agreements herein contained, it is agreed by and between the partes that the County shall retain the Contractor as an independent contractor, with the parties agreeing to the following terms and conditions: The duties of the Contractor shall be to provide legal services such as representation in litigation, preparation of opinions, attendance and counseling at committee meetings, and other duties as may be required by the Board. The parties agree that Contractor shall be compensated at the rate of Sixty-five ($65.00) Dollars per billable hour for both principal and associate: attorneys. Invoices shall be submitted by Contractor on a monthly basis in an itemized form indicating the date the service was rendered, the attorney who provided the service, description of the service and the time provided. Time devoted to research, response to telephone calls, and local travel time shall be deemed as billable time. In the event representation of the Board would require extended travel time, outside of Southeastern Michigan, extended travel time shall not be included within the billable time, but the cost of such travel would be an expense for which reimbursement shall be paid. Reimbursement of costs shall be paid the Contractor for actual expenses incurred in xeroxing and duplicating, court fees, long distance phone calls, postage, and other necessary out-of-pocket expenses. The parties agree that William P. Hampton, a partner of Contractor, shall be the principal attorney responsible for the representation of the Board of Commissioners. William P. Hampton shall appear and represent the Board in all court proceedings; shall sign all opinions on behalf of Contractor; and shall supervise those attorneys of Contractor who assist him in this representation. The parties agree that Contractor may provide other qualified attorneys for attendance at committee meetings and providing legal research. In the event that it becomes impossible for Mr. William P. Hampton to appear in court, other qualified attorneys from the Contractor may be used only if prior written approval is obtained from the Chairperson of the Board of Commissioners. Contractor agrees that it will not engage in any activity or enterprise or assume any employment which may conflict with the duties as outlined in this contract. The Board reserves the right to terminate this contract upon written notice to the Contractor. The parties agree that the relationship of the Contractor to the County is and shall continue to be that of an independent contractor, and no liability or berefits such as, but not limited to, workers' compensation benefits, retirement and pension benefits, or insurance benefits, or such other rights or liabilities arising out of a contract of higher or employer-employee relationship shall arise or accrue to either party as a result of this contract. The Contractor, as an independent contractor, agrees to save and hold the County harmless in any actions relating to its professional work practice. Attached to this contract and made a part hereof is a list of persons aelthorized to request legal assistance and incur a liability on behalf of the Oakland County Board of Commissioners. Contractor may terminate this contract by ninety (90) days written notice to the Board. -2- IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date above provided. WITNESSES: OAKLAND COUNTY BOARD OF COMMISSIONERS BY: RICHARD R. WILCOX, CHAIRPERSO`-‘; KOHL, SECREST, WARBLE, LYNCH, CLARK AND HAMPTON BY: WILLIAM P. HAMPTON ATTACHMENT TO CONTRACT WITH KOHL, SECREST, WARBLE, LYNCH, CLARK AND HAMPTON In accordance with this contract the following people are the only persons authorized to request legal assistance and incur a liability on behalf of Oakland County: Chairperson of the Board of Commissioners Vice Chairperson of the Board of Commissioners Republican Caucus Chairperson Democratic Caucus Chairperson Richard F. Wilcox Lillian V. Moffitt Roy Rewold Hubert Price, Jro Legal assistance requested by the Board of Commissioners staff will be approved by the Chairperson of the Board or the Vine Chairperson in his or her absence prior contact with the Contractor. The following Committee Chairpersons may request legal advce when suppo-ted by a majority vote of their Committee. In addition, Committee Chaiep ,....-rsons are authorized to request the presence of legal counsel at their Committee meetings: Chairperson of the Finance Committee G. William Cael-!,-:- Chairperson of the General Government Committee John E. Olsen Chairperson of the Health & Human Resources Committee Marilynn E. Gosling Chairperson of the Personnel Committee John J. McDonald Chairperson of the Planning & Building Co-, .1:ttee Anne M. Hobart Chairperson of the Public Services Committee James E. Lanni The Chairperson of the Oakland County Board of Commissioners will inform the Contractor of any changes in the names of the Commissioners filling these approved positions #83362 December 8, 1983 day of ic pecember this 8th 19 83 ALL Clerk/Register of Deeds Moved by Olsen supported by Price the resolution be adopted. AYES: Wilcox, Doyon, Fortino, Gosling, Hobart, JadksOn, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Olsen, Page, Perinoff, Pernick, Price, Rewold. (20) NAYS: Aaron, Caddell, Calandro, Foley, McPherson, Nelson. (6) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of 'es .83362 hy the Oakland_ CAEurity Rovd of alto Commissioners at their meeting held on December 8, 1983 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. _ In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan