HomeMy WebLinkAboutResolutions - 1983.03.16 - 11601February 24, 1983
Miscellaneous Resolution ii _83035
By: Public Services Committee - James E. Lanni, Chairperson
In re: Legal Services Concerning Gets Audit No A059-82-000333
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscelineous
Resolution No 6546 and 8883 applied for and Was granted the designation
as Prime Sponsor by the United States Department of Labor to administer
the provisions of the Comprehensive Employment and Trail3ing Act of 1973
and the Comprehensive Employment and Training Act Amendments of 1978;
and
WHEREAS the national CPA. firms of Touche Ross and Alexander
Grant have been hired to recruit documentation for CETA audit questioned
costs in excess of 5 million dollars; and
WHEREAS this audit is entering the initial determination stage
and further that it wouid benefit the County to present its documentation
in a manner which would reduce the amount of disallowed costs; and
WIIEREAS the preparation for this initial determination, conference
and trial before an administrative law judge, If required, will necessitate
the assistance of legal services from a national law firm together with
financial resources in.cidental to the preparation of the audit: case.
NOW THEREFORE SE IT RESOLVED that the Chairperson of the Oakland
County Board of Commissioners Is authorized to enter into a Contract for
legal services with a rational law firm for the purpose of resolving
the outstanding questioned costs in an amount not to exceed $40,000,00,
MR. CEA=ERSON, on behalf of the Public Services Committee,
I move the adoption of the foregoing resolution,
PUBLIC SERVICES COMMITTEE
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #83035 - LEGAL SERVICES CONCERNING
CETA AUDIT NO. A059-82-000333
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #83035 and finds $40,000 necessary to fund
these legal services; said funds available in the 1983 Contingency
Account.
Further, the Board of Commissioners appropriates $40,000 from the
1983 Contingency Account and transfers said funds to the 1983 Non-
Departmental CETA Liability Cost - Legal Expense line item as follows:
990-02-00-9990 Contingency $(40,000)
927-02-00-3456 CETA-Legal Expense 40,000
'-0-
FINANCE COMMITTEE
=.771:33 7-mnr30 r'r"-',mt31'D - L V .1. '
THIS AGREEMENT, made this 21st day of March, 198, between
the COUNTY OF 01=AND, a MI.chigan Constitutional CorP ,oration,
hereinafter referred to as "County" and =RIES G. PRESTON, 11
17th Street, N.W., Suite 709, Washington, D.C. 20036;
WITNESSETH:
For and in consideration of the mutual covenants and agree-
ments herein contained, it is agreed by and between the parties
hereto that the County shall retain Charles C. Preston. as an inde-
pendrsnt contractor, pursuant to Miscellaneous Resolution 830, as
adopted on March 17, 1983, with the parties agreeing to the fellowing
terms and conditions:
The duties of Charles (1, Preston shall be:
1. To sITT)ervisP and assist the County in the preparatlon of
its case . in DePartment of Labor Audit n059-82-000333 for resolution.
and/or lit7ation before an Administrative Law judge.
2. To assist and/or rrenare the necessary pleadin7s, memoranda,
other legal instruments and/or documents incidental to the nreParation
and litigation of this case,
3. To give other legal assistance and counsel as required,
4, To not en.gaa in any activity or enterprise or assume any
employ-ment whieh may conflict with his duties as outlined in this
Agreement.
The Duties of the County:
1. To pay Charles C. Preston for services rendered. on the
basis of *100.00 per billable hour as well as reimbursement for t
necessary and reasonable expenses incidental to the performance o
his duties under this Ag-i-Pre, in a sup: nol: to cycePd t.
2. The County reserves the right to terminate this Contrac
when the Contractor has brea,obed any of the terms and con d itions
herein; or upon termination of the Contrast as described below.
OM
C(-;
IT IS M m'"1-fiv
That the relationship of Charles G. Preston and the
County is and shall continue to be that of an independent contract
1.
-L 3
Dated: •-
and no liability or benefits such as but not limited to Workers'
com-oensaticn boo its, retrement and pension benefits, insurance
benefits, or such other rights or liabilities arisin7, out of an
emp .loyer/employce relationship shall arise to either party as a
result of this Contract.
2, Charles G. Frost on, as an indPendent contractor, shall
hold the County Of Oakland harmless in any action related to his
r)rofessional work practice.
3. This Contract shall be considered effective as of
January 1, 1983.
4, This Contract shall terminate when:
(a) Funding. for legal fees are exTDerded and not re-
plenished by the Board of Ce7missi.oners; or
(b) The questioned and disallowed costs are resolved
to the satisfaction of the Countv, whether by
informal means or litigation includin7 but not
limited to appc,als; or
(c) The •County terminates this Contract 'ander one of
the provisions above; or
(d) Charles G. Preston withdraws his 1P 47T servIces
from the County.
IN W7-777SS WM7F07, the parties have executed this Contract
the respoctive dates hero-under irldiated.
COUNTY OF OAKLAND, a Mich1771n
Constitutional Cornoration
!, Cy; 4 2
chardp -ox
-"2-7 Dated :
A7..)provel as to form:
da(E. Wasirewski
Assistant Coreration Counsel
#83035 March 17, 1983
Moved by Lanni supported by Gosling the resolution be adopted.
AYES: Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson, Moffitt, Moore, Nelson, Page, Pernick, Price, Rewoid, Wilcox, Aaron,
- Calandro, Doyen, Foley, Fortino. (22)
NAYS:' None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
..•nnn
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
Miscellaneous Resolution 1183035 adopted by the Oakland County Board of Commissioners
at their meeting held on March 17, 1983
with the original 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
this 17th day of March
LYNN/D. ALLEN, County Clerk/Register of C